Question 83. A is a giant company always trying at all expenses and costs to enjoin any newcomer from enjoying any market share therewith but owns an X patent. B is a big foreign company having developed a new product capable of escaping from infringement on X Patent. C is a big domestic company desiring to import the new product from B but seeks guarantee from B that B shall indemnify all damages or losses C suffers if pursued by A. How should B behave itself? Or, whether B can offer/supply the new product to C and if so, what are the risks involved in?

Answer: As is self-explanatory, in theory, B certainly could freely offer/supply the new product to C.  The risks possibly involved in are that A takes commercial measures against B or C, by which we mean those measures are irrelevant to legal rights and are not based on any kinds of existing rights but are merely strategic or tactic for interfering the legal rights of B or C.  A might need be eventually blamed or punished by the applicable laws here or is required to pay B or C damages for such measures but A might still so exercise after considering the benefits of taking such measures against the damages it would be responsible in the future.  As such, in theory, although B or C will succeed after all, they need to strongly stand against any possible measure A would exercise in each potential stage.  All of these measures would become invalid and B or C could get fully compensated by A if prepared to be financially competent to respond to any of possible measures of any kind of legal skills from A.

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