China Law & Practice

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Reshaping the game

New implementing rules for the PRC Patent Law will have a significant impact on foreign companies’ China IP strategies. Issues relating to security review procedures and first-filing have been clarified, but penalties are tougher and uncertainties remain abundant

Issue: March 2010

Keywords (click to search): PRC Patent Law IP Implementing Rules

Having surprised an audience of billions with a stunning Beijing Olympic Games, China made international headlines again by its approach to tackling the global financial crisis and its leadership of world economic growth. A new, stronger and more confident China has stepped onto the world stage. Its emerging market has become another playing field on which corporate players hope to win big. And this time, intellectual property will be the game upon which every corporate focuses. It is only natural, therefore, that international companies should pay such close attention to the recent Implementing Rules for the PRC Patent Law (2nd Revision) (中华人民共和国专利法实施细则 (第二次修订)).

[For more views on the new rules, see CLP's virtual roundtable.]Background to the legislationIn 1984, the first patent law was introduced in China. Since then it has been revised every eight years. The most recent and most comprehensive revision was the PRC Patent Law (3rd Revision) (中华人民共和国专利法...

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