China’s New Patent Administrative Enforcement Measure to Come Effect

SIPO’s decision on revising patent administrative enforcement measure was examined and approved at the meeting. The newly revised measures were revised on May 29, and come into effect from July 1.

The revision follows the principle of persisting in implementing the concept of rule of law, regulating enforcement and exerting full role of administrative enforcement to meet demand of exhibition and internet development. And meanwhile, the revision is attempted to improve the measures on patent administrative enforcement starting on February 1, 2011.

The revised Patent Administrative Law Enforcement Measures includes 7 chapters and 53 articles, namely, general provisions, the processing of patent infringement patent dispute mediation, investigation of counterfeit patent behavior, investigation and evidence collection, legal responsibility, and supplementary provisions.

The original Article 1 is revised to: further promote administration according to law, standardize patent administrative law enforcement behavior, protect the legitimate rights and interests of the patentee and the public, and maintain the order of the socialist market economy, the measures are formulated according to the Patent Law of the People’s Republic of China, the Enforcement Regulation of the Patent Law of the People’s Republic of China and other laws and regulations.

Article 8 is added: the administrative authority for patent affaires shall strengthen administrative law enforcement in the exhibition and e-commerce field, mediate and handle patent infringement on exhibition and e-commerce platform and timely investigate counterfeit behaviors.

The original Article 41 is changed to Article 43, and the sixth item is added: the exhibitor engaged in infringing shall be ordered to retreat exhibits form the exhibition, destroy, or seal propaganda materials, change or cover display boards.

(Source: SIPO)