WTOIP HELP PUSH FORWARD CHINA’S PATENT LAW LEGAL PROCESS
The 13th Standing Committee of the National People's Congress of P.R.C deliberated on the amendment of the patent law of P.R.C (the draft for the second deliberation) and published it on the website of the people's Congress of China (www.npc.gov.cn ). WTOIP was honorably invited to participate project group for the amendment of the patent law. With years of practical experience in the intellectual property sector, WTOIP has offered a number of valuable opinions and suggestions that help perfect the laws and regulations.
v What proposals have been adopted raised by WTOIP?
A. As for the principle of good faith, if the abuse of patent rights constitutes a monopoly, it shall be dealt with in accordance with the anti monopoly law.
B. With regard to the extension of the patent term, the extension of the patent term is an "administrative act that should be applied for", and it should be decided whether to extend it when the patentee requests for extension.
C. On the aspect of open license, the judicial channels have been increased to solve the disputes arising from the open license.
D. On the aspect of strengthening patent protection, in order to solve the problems of high cost and poor effect, the amendment has emphasized on the proof of patent protection and the compensation for rights protection, as well as on the increase of punishment.
E. we should solve the problems of high cost and weak effect from the aspects of patent protection proof and compensation, and increase the punishment.
Compared with the current patent law, the patent amendment (Draft) and the revised and newly added articles in the second deliberation draft basically focus on strengthening patent protection, encouraging scientific and technological innovation, and promoting the implementation and application of patent technology. In this way, the innovators will get more valuable investment, and the innovators will be protected more efficiently and effectively. The infringers and counterfeiters will be severely punished, making their illegal behavior more than worth the loss. This is also the expectation for the effect brought by the revised Patent Law to the public.
August 24, 2020