Patent enforcement in China ------in the view of new patent law Overview of China’s IPR enforcement agencies (1) administrative system (2) judicial system 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; (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; (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 ) 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 ). 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 ) 4. Evidence preservation the patentee or a related injured party may before filing a law suit apply to the people’s court for evidence preservation if the evidence might be destoryed or later be difficult to obtain. (Article 67) 5. injunction any patentee or interested party may, before filling a suit, apply to the people’s 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, (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) 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 ) Thanks !
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