Legislative Affairs Commission: Improving The Damage System for Patent Infringement
The Legislative Affairs Commission of NPC Standing Committee held the first press conference at the office building of NPC. Zang Tiewei, Spokesperson and Head of the Commission introduced the legislative work and answered the questions from the media.
According to Zang, the revised draft of Patent Law was submitted to the 7th meeting of the Standing Committee of the 13th National People’s Congress for deliberation in December 2018. The draft was released at the website npc.gov.cn from January 1 to February 3, 2019 for public inputs. During the period, 491 opinions from 208 public people were solicited and 25 letters from individuals, units and organizations were received.
The recommendations mainly include the following six aspects:
First, to enhance the protection of certain parts of a design;
Second, to promote the system building for on-duty inventions, so as to reflect the encouragement on on-duty inventions and meanwhile avoid the negative impact on the patent application by units;
Third, to further improve, specify and innovate the system of drug patent term extension;
Fourth, to identity their liabilities for relevant parties in cases of patent infringement online in accordance with the E-commerce Law and the Tort Liability Law concerning;
Fifth, to improve the administrative protection system for patents;
Sixth, to improve the system for patent infringement damage.
The above-mentioned comments will be taken into consideration in the process of revision.