Patent enforcement in China

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Patent enforcement in China

• ------in the view of new patent law

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Overview of Chinas IPR enforcement agencies

• (1) administrative system
• (2) judicial system

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1. administrative enforcement

• The new law strengthens the power of the
  administrative bodies when they investigate the
  suspected passing-off matters
• (1)query the related parties and conduct
  investigations concerning infringing activities

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• (2) examine the place where the suspected
  infringement took place.
• (3) view, reproduce any contracts, invoices,
  books and other materials related to the
  suspected infringement

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• (4) examine the products related to suspected
  infringement
• (5) seal up or seize the products which has
  been proved to pass off patent rights.
• ( Article 64 )

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2. increases the amount of the penalty

• The new law also increases the amount of the
  administrative penalty that can be imposed in
  passing of cases ( Article 63 ).

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3.Prior art defence

• if the alleged infringer in a patent
  infringement dispute has evidence proving its or
  his technology or design belongs to the prior art
  or design, it will not constitute patent
  infringement ( Article 62 )

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4. Evidence preservation

• the patentee or a related injured party may
  before filing a law suit apply to the peoples
  court for evidence preservation if the evidence
  might be destoryed or later be difficult to
  obtain.
• (Article 67)

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5. injunction

• any patentee or interested party may, before
  filling a suit, apply to the peoples court for
  an order to stop the relevant acts, if
• (1) it or he has evidence to prove that
  another person is infriging or will soon infringe
  its or his patent right and,

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• (2) such infringing act is not checked or
  prevented from occurring in time, it is likely to
  cause irreparable harm to it or him, it or he.
• ( Article 66)

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6. Damage compensation

• Codifies the possibility of statutory
  compensation into the patent law. Courts will
  under the new law be able to grant statutory
  damage compensation of up to a maximum of RMB
  1,000,000 (Article 65 paragraph 2 )

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Thanks !