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Chen & Lin Attorneys-At-Law:
Finding the Right Balance in Patent Protection

Che-Hung Chen of Chen & Lin Attorneys-At-Law, a law firm at the upcoming marcus evans IP Law Asia Summit 2012 and Litigation Asia Summit 2012, on safeguarding intellectual property while supporting the company’s competitive edge.

Interview with: Che-Hung Chen, Managing Partner, Chen & Lin Attorneys-At-Law


Patents help companies protect their intellectual property (IP) against the competition, but they also help them compete in the marketplace, says Che-Hung Chen, Managing Partner, Chen & Lin Attorneys-At-Law. IP Counsel must find a balance between the two ends of the spectrum to ensure that their IP protection efforts do not become an obstacle for the company. 

From a law firm sponsoring the marcus evans IP Law Asia Summit 2012 and Litigation Asia Summit 2012, Chen talks about finding the right balance in patent protection and the IP landscape in Asia.

How can counsel avoid IP protection from hindering their company’s competitiveness?

Che-Hung Chen: This can be very tough. On the one hand, a patent is a type of institution that assists companies in protecting their IP assets, but it also helps them compete in the marketplace.

It can be difficult to identify whether a company is exercising its patent rights or abusing them. Courts need to determine whether there is a patent abuse to grant a defensive preliminary injunction and defend the legitimate holder of the IP. In some circumstances it is advisable to exercise IP rights to the extreme, but going too far could result in being accused of patent abuse. It is difficult to successfully accuse a company of patent abuse when it has been granted a patent by the IP office, so companies can safeguard their market assets and excuse themselves from abuse allegations in this way. The courts will assume they were exercising their rights legitimately, so the burden of proving this wrong will fall upon the infringer. Identifying the balancing point between patent exercising and patent abuse is a challenge.

What is your outlook on the licensing market? How can companies make sure to maximise the revenue and value of their IP assets?

Che-Hung Chen: Entering a patent infringement lawsuit is time consuming and costly, so companies should make use of any licensing opportunities that come their way. Many companies obtain licenses before they are accused of infringing any - this helps them build a safety net. They can also use their patent portfolio to have a cross-license arrangement with the accusing party.

To maximise the value of IP assets, companies should determine which IP assets they need to preserve for their future and license out or even sell the assets that no longer fit into their portfolio.

What insights into the Taiwanese IP court could you share?

Che-Hung Chen: The IP court in Taiwan was set up almost four years ago, but the win rate for patent holders is still low. This may be because there are no criminal sanctions for patent infringement under patent law. This means prosecutors are not involved in patent disputes, but only civil damage claims where the plaintiff has to bear the burden of proof. Patent holders may not be used to that, so they need counsel who can skilfully prepare the evidence to convince the court that there was an infringement. Exercising IP rights in Taiwan has become more difficult.

IP is creating a new North-South confrontation, between industrial countries that have strong IP protection systems and developing countries that manufactures goods alleged to be infringing. In the past, Taiwan was occasionally accused of infringing the IP rights of companies in more advanced countries, but now we use those skills and experience learned when being accused of infringement to exercise our rights in less developed regions.

Contact: Sarin Kouyoumdjian-Gurunlian, Press Manager, marcus evans, Summits Division

Tel: + 357 22 849 313

For more information please send an email to or visit the event websites below:

IP Law Asia Summit 2012

Litigation Asia Summit 2012

marcus evans group - legal sector portal

Complementing our Summit format, the Legal Network – marcus evans Summits group delivers peer-to-peer information on strategic matters, professional trends and breakthrough innovations.


Please note that the summit is a closed business event and the number of participants strictly limited.

About Chen & Lin Attorneys-At-Law

Chen & Lin is a full service law firm based in Taipei, Taiwan. We at Chen & Lin strive to provide quality services in a responsive manner at reasonable cost. Specialty areas include intellectual property rights, securities regulations compliance, merger & acquisition, white collar crime defense, construction, Mainland China related affairs, as well as sustainability.

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