29 March 2019


The term “troll” is generally the colloquial moniker reserved for non-practicing entities (NPEs), those entities that file, acquire or use invention patents or utility model patents in bad faith, and it is difficult to say whether the level of (patent/utility model) trolls are increasing, says Elliot Papageorgiou, a partner at Clyde & Co in Shanghai. “China’s patent system, with generally modest costs of litigation, modest levels of compensation awarded, and lack of principle of stare decisis are not ideal for trolls. It is arguable, therefore, whether trolls will grow to be a problem for legitimate businesses in China.”

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