INTELLECTUAL PROPERTY STRATEGY AND BEST PRACTICES IN CHINA AND INDIA LIFE SCIENCES BUSINESS TRANSACTIONS

摘要

Selecting a trusted partner in China or India with the right IP practices and security infrastructure is a practical means of protecting IP. Injunctive relief, rather than damages, is the most realistic legal remedy in China or India. A patent protecting the product or process must be issued in these countries in order for the U.S. company to seek injunctive relief for patent infringement. Injunctive relief is more readily available for patent infringement than breach of contract. While doing business in China or India has an IP risk, the risk needs to be weighed against the economic benefits. A practical IP strategy and set of best practices can reduce the risk.