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Patents in China: new approach under consideration

30-09-2014

Yin Xintian and Duan Xiaoling

Patents in China: new approach under consideration

Morphart Creation / Shutterstock.com

The draft judicial interpretation concerning patent infringement litigation has attracted wide interest, as these rules are likely to have a great impact on the trial of patent disputes in China. Yin Xintian and Duan Xiaoling unpick some of the draft’s salient points.

The draft judicial interpretation concerning patent infringement litigation has attracted wide interest, as these rules are likely to have a great impact on the trial of patent disputes in China. Yin Xintian and Duan Xiaoling unpick some of the draft’s salient points.

The Supreme People’s Court issued, on August 1, 2014, a draft for comment of a judicial interpretation concerning patent infringement litigation. The draft, which contains a total of 37 articles, has attracted broad attention both in China and abroad, as the promulgation and implementation of these rules is likely to have a great impact on the judicial trial of patent infringement disputes in China.

One of the difficulties, which the courts have always faced, is how to determine the amount of damages for a patent infringement dispute. Patentees often complain about “winning the case while losing money”. With regard to this problem, Article 33 of the draft proposes a rule inspired by the recently revised Trademark Law: provided that the patentee has fulfilled its obligation to supply evidence, the court may order the infringer to disclose its relevant account books and materials.


patent infringement; patent litigation;

WIPR

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