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Patents: China's Draft Patent Law Revisions Boost Enforcement; IP Anti-Monopoly Guide Done

08/17/12

Source: BNA
Related Topics: International Trade

159 DER A-5
Patents
China's Draft Patent Law Revisions Boost
Enforcement; IP Anti-Monopoly Guide Done

By Michael Standaert
SHENZHEN, China—China's State Intellectual Property Office has released draft revisions to the Patent Law that are expected to address patent enforcement challenges, particularly administrative enforcement issues related to patent infringement, according to a statement from its official website on Aug. 9.

Another Chinese IP agency Aug. 15 released a report stating that draft anti-monopoly guidelines have been completed.

Compared with previous versions of the law, the amendments aim to give more authority to administrative departments for investigating and collecting evidence related to patent infringement as well as in assisting possible victims of infringement in gathering evidence for their cases, an official notice posted along with the revised draft explained.

Under the draft revisions, patent administration departments would be allowed to determine penalty amounts for compensation to victims of infringement after a finding of infringement, instead of having to file a separate lawsuit through the court system to get their compensation, the official explanation states.

The latest draft also includes language about awarding compensation based on whether or not the patent infringement was “intentional,” and gives the administrative departments more discretion in awarding such compensation.

SIPO has made the draft revisions available for public comment until Sept. 12.

IP Abuse Anti-Monopoly Guidelines Finished
Meanwhile, on Aug. 15, China's National IP Strategy Office posted a report on its website stating that the State Administration for Industry and Commerce has finished a fifth draft of Intellectual Property Abuse Guidelines related to anti-monopoly enforcement cases, though the draft has not yet been released on official websites for a public comment period and it is uncertain when this might occur.

The notice stated that SAIC and the State Council Anti-Monopoly Committee see that it is necessary to release the Intellectual Property Abuse Guidelines as an important way to resolve intellectual property disputes related to anti-monopoly cases.

Though questions remain over whether the timing is right due to a low level of awareness about what constitutes IP abuse, a SAIC study conducted in ten provinces and cities in 2010 found no such incidents of intellectual property abuse related to anti-monopoly cases.

According to the report, drafting of the guidelines started in 2009.

For More Information
SIPO announcement (in Chinese), with links to details of the draft patent law revision, at http://www.sipo.gov.cn/tz/gz/201208/t20120810_736864.html.
NIPSO Anti-Monopoly report (in Chinese) at http://www.nipso.cn/onews.asp?id=15053.







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