Interpreting the Patent Law
China’s highest court has published a judicial interpretation of the PRC Patent Law which gives significant guidance on many issues facing foreign rights owners
Issue: February 2010
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PRC Patent Law
Interpretation on Several Issues Concerning the Application of the Law on Trials of Patent Infringement Disputes
Supreme People's Court
On December 28 2009, the Chinese Supreme People’s Court (SPC) issued its Interpretation on Several Issues Concerning the Application of the Law on Trials of Patent Infringement Disputes (关于审理侵犯专利权纠纷案件应用法律若干问题的解释) (Judicial Interpretation). In addition to providing interpretation of certain provisions added to the PRC Patent Law in 2009, the Judicial Interpretation also provides guidance on the handling of certain patent law issues.
In general, the Judicial Interpretation is consistent with the Supreme People’s Court’s Opinion on Certain Issues with respect to Intellectual Property Judicial Adjudication Under the Current Economic Situation (印发关于当前经济形势下知识产权审判服务大局若干问题的意见) (IP Opinion under the Current Economic Situation) issued on April 21 2009. Some of the provisions in the Judicial Interpretation are also consistent with the Beijing Higher People’s Court’s Opinion on Several Questions Concerning Patent Infringement Judgments (关于专利侵权判定若干问题的意见) (Beijing Patent Opinion) issued in 2001, which has been widely followed by Chinese courts although it was not strictly applicable nationwide....
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