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China – Proposed Fourth Revision Of The Patent Law.

2 December, 2012

 

Legal News & Analysis – Asia Pacific – China – Intellectual Property

 

Recently, the project of amending the Patent Law was listed in the State Council Legislative Plan in 2012. The draft amendments mainly focus on the Articles regarding enforcing patent protection so as to effectively maintain the legitimate interest of the patent owner and to save social resources and the costs of the parties to the proceedings.

 

The proposed amendments relate to the following articles, mainly:

 

1)    Articles 46 and 47

The decision of Patent Right being invalidated or maintained shall be registered and announced in time after such decision is issued. The decision declaring the patent right invalid shall have no retroactive effect on the penalty decision which has been complied with or compulsorily executed.

 

2)    Article 60

Article 60 be revised to provide that the authority for patent affairs and the court should process and decide on any patent infringement dispute promptly after the decision of revocation of the patent in question becomes effective.

 

3)    Article 61

The court not only has the power to investigate and collect evidence but also has the power to order an injunction against any action which is prejudicial to the corresponding civil proceedings.

 

4)    Articles 63 and 64

The administrative authority for patent affairs be empowered to determine the amount of damages, seize or withhold the infringing products and give the warning and punishment.

 

5)    Article 65

The administrative authority for patent affairs or the People’s court be empowered to increase the amount of damages as punitive measures in case of willful infringement.

 

Our view is that, the aims of the above amendments are to protect the rights of the patent owner and to strengthen the combat against infringement. It also enforces the power of the patent administrative authority.

  

 




For further information, please contact:
 
Rita Zhang, Ella Cheong (Hong Kong & Beijing)
rzhang@ellacheong.com

 

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