Key Points of Evidence for Legitimate Source Defense in Software Copyright Infringement Cases

Bo XING Chinese Attorney-at-Law Beijing Wei Chixue Law Firm We have recently represented a client in a software copyright infringement lawsuit, where the software copyright owner sued our client for using its software without permission, constituting software copyright infringement. In this lawsuit, our litigation strategy was to claim a legitimate source defense. From the perspective of the alleged infringer, this article briefly analyzes the key points of evidence for a legitimate source defen...

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Priority Right under Challenge: Insights from Typical Cases

Yu BAI Attorney-at-Law Chinese Patent Attorney Beijing Wei Chixue Law Firm In patent confirmation proceedings, whether the claim to priority right establishes can have dominant influence on the heading direction of the case. Losing the priority right can be fatalonce the priority right is rendered void, a greater range of prejudicial documents can be cited in rejection to the novelty or inventiveness of the subject patent. For example, in that case, a reference document published on a date betwe...

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