China: draft amendments to patent law released for comment

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On 9 August 2012, the State Intellectual Property Office (SIPO) released draft amendments to the Chinese patent law for public comment. The current version of the law entered into force after a major revision in 2009. The planned amendments concern the area of patent enforcement:

With respect to invalidation cases, the draft is aimed at a speedier handling of disputes. A decision taken by the Patent Re-examination Board shall be registered and announced by SIPO in a timely manner and come into effect at the date of announcement.

The People's Court shall be granted the authority to investigate, collect evidence and take coercive measures. The administrative authorities shall be in a position to issue warnings and impose penalties, if a concerned party obstructs the procedure. Furthermore, they shall be in a position to determine the amount of damages. Punitive compensation shall be introduced for cases of intentional infringement.

The public may submit comments until 10 September 2012. The contact address for comments, a Chinese version of the draft amendments and further explanations can be found on SIPO's website.

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