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PRC State Intellectual Property Office Issued Guidelines on Patent Infringement

China Insight - Intellectual Property


According to PRC law, in addition to court proceedings, a patent owner is entitled to request the local intellectual property offices (“IPOs”) to take administrative actions against patent infringers. The local IPOs have the power to order the patent infringers to stop patent infringement and impose a fine to these infringers. Compared with court proceedings, administrative actions are faster and more cost-efficient. In recent years, more and more companies choose to take administrative actions to fight against patent infringement in the PRC.

The PRC State Intellectual Property Office, as the highest-level patent authority in the PRC, recently issued Guidelines for the Determination of Patent Infringements (for Trial Implementation) (“Guidelines”), which clarify some issues which often occur during the patent infringement administrative proceedings. The Guidelines took effect on 5 May 2016.

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April Chu, LL.M.