Patent enforcement in China by pjx18257


									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
(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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