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Course Details

(Webinar via Zoom) IP litigation and Arbitration in HK
Douglas Clark, Principal, Global Head of Dispute Resolution, Rouse
Date: 23 February 2022 (Wednesday)
Time: 2:30pm - 5:45pm
Level: I (Intermediate)
For delegates who have prior knowledge of the subject area
Language: English
Fee: HK$ 1,750
Accreditation: 3 CPD pts (Accredited by The Law Society of Hong Kong)
Ref: L22IP01
Venue: Webinar Course
Presenter's Biography:

Doug is a widely respected litigator and arbitrator with almost thirty years experience handling IP litigation and arbitration in East Asia as well as coordinating global cases.

Doug has handled the entire gamut of contentious IP cases including raiding factories in China (in the early part of his career); obtaining civil search and seizure (Anton Piller) orders and freezing (Mareva) injunctions; establishing new law in relation to anti-circumvention technologies; and, running complex multi-jurisdictional patent litigation.

He has been appointed an arbitrator in 8 HKIAC IP related arbitrations and is on the HKIAC, SHIAC and WIPO panels of arbitrators.

Doug, who is originally from Australia, studied on an exchange at high school in Japan and at university in China. He speaks, reads and write, both Japanese and Chinese.

Doug began his career in IP in Hong Kong in 1993 with a large international law firm. In 2000, he moved to Shanghai where, in 2003, he established and was Managing Partner of that firm's Shanghai office while also serving in the firm's worldwide partnership council.

From 2011 to 2019, Doug practiced as an intellectual property barrister in Hong Kong appearing as an advocate in all level of courts, including in the Hong Kong Court of Final Appeal. He is also a member of the Hong Kong Inland Revenue Board of Review.

Doug is an adjunct professor at the University of Hong Kong where he teaches a masters course in IP. He is the author numerous articles on IP and of four legal texts:

  • Patent Litigation in China,
  • Hong Kong Intellectual Property and
  • Civil Litigation in Hong Kong
  • Patent Law in Greater China (co-author)

  •  
    Objective:

    To understand the procedures for handling IP disputes in Hong Kong before the courts or in arbitration proceedings.
     
    Outline:

    1. Types of IP disputes that arise in Hong Kong


    2. Litigation or Arbitration?

      1. What claims can be brought before the courts?
        • Cross border claims?

      2. What is arbitration?
      3. What sort of disputes are resolved by arbitration?
        • Pre-existing license and technology transfer contracts
        • Submission agreements

    3. Litigation IP disputes before the HK courts

      1. The IP List
      2. Interim injunctions
      3. Summary judgment
      4. Trial

    4. Arbitration in HK of IP disputes

      1. Arbitral Institutions
      2. Procedures
      3. Emergency relief/Interim Relief
      4. Procedural orders - Special provisions
      5. Law to be applied to validity/infringement issues
      6. PRC parties and arbitration in Hong Kong
      7. Enforcement of the award

       
    Category: Intellectual Property
    Course Booking Terms & Conditions

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