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China Insight - Intellectual Property

PRC Supreme People’s Court Published an Interpretation regarding Patent Disputes


To facilitate the implementation of the PRC Patent Law,back in 2001 the PRC Supreme People’s Court (“SPC”) issued the Several Provisions on Issues concerning the Application of Law in the Trial of Patent Dispute Cases (“Trial Provisions”). The PRC Patent Law was amended in 2008 while the relevant provisions of the Trial Provisions have not been duly updated and some provisions have become incompatible with the PRC Patent Law.

On 29 January 2015, the SPC finally updated the Trial Provisions by publishing the Decision on Revising the Trial Provisions (“2015 Amendment”). The 2015 Amendment took effect on 1 February 2015. We summarize below some major changes brought about by the 2015 Amendment.

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China Insight - Intellectual Property
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Emily Xu, LL.M.