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IP authority recognises it cannot rule over the right to sue

Sipo now responsible for all recordation of patent licence contracts

Issue: September 2011

Keywords (click to search): Sipo patent licence Fangda King & Wood

With the release of new intellectual property (IP) recordation rules, the governing body on IP matters has conceded it has no jurisdiction over ruling on civil actions.

China’s State Intellectual Property Office (Sipo) has promulgated the Measures for the Record Filing of Patent Licensing Contracts (国家知识产权局专利实施许可合同备案办法) (Measures), which will take effect on August 1. It replaces its predecessor that was issued in 2001. The new Measures set out procedures for registration authority, documentation requirements and the timeframe for the recordation of patent licences in China.

In contrast with Article 6 of the 2001 measures, the new regulation does not have a provision authorising...

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