How China’s new Patent Law transforms the issuance of damages
Feng Zheng of Wanhuida Intellectual Property analyses how the amendments to the law could assist stakeholders claim damages and protect their patent rights Sponsored by April 14 2021
On October 17 2020, China promulgated the fourth amendment to the Patent Law (the amendment), which will become effective as of June 1 2021. Substantial changes are made in terms of patent filing and patent enforcement, among other matters.
The amendment largely codifies the evolving patent practice of the Chinese judiciary, incorporating revisions that are expected to change the litigation landscape including,
inter alia, raising statutory damages, introducing punitive damages and leveraging the good faith principle to address the abuse of patent rights. The article will analyse these revisions and hopefully help stakeholders navigate the changing litigation landscape.
April 14 2021
Since the enactment of the Chinese Copyright Law in 1990, it has been revised twice – first in 2001 and secondly in 2010. Intended plans for a third amendment began in 2011 and policymakers sought to revise the law greatly, and collected several schemes and discussed them fiercely. However, due to irreconcilable disputes across various aspects, it was finally determined that the third amendment should take place within a small range. In November 2020, the legislative organisation – the Standing Committee Standing Committee of the National People s Congress (NPC) – finally adopted the third amendment.
The legal sources of the third amendment mainly came from two aspects. One is international conventions such as Beijing Treaty on Audiovisual Performances, the Marrakesh Treaty and the newly formulated Civil Code of People s Republic of China, with which the third revision unified the relevant legal terms. The other aspect is that the Copyrig
Hainan FTP eyes greater opening-up By XU WEI in Beijing and MA ZHIPING in Haikou | China Daily | Updated: 2021-04-12 06:45 Share CLOSE An international cruise ship anchored off the coast of Sanya, Hainan province. [Photo by Sha Xiaofeng/for China Daily]
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HAINAN, China, April 12 (China Daily/ANN): Tower cranes lined up one after another at a building site near the coast, with construction equipment shuttling back and forth and structures rising from the ground.
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