Supreme People's Court, Interpretation on Several Issues Concerning the Application of the Law in Trials of Patent Infringement Disputes

最高人民法院关于审理侵犯专利权纠纷案件应用法律若干问题的解释

February 02, 2010 | BY

clpstaff &clp articles

SPC Interpretation explains details of the Patent Law.

Clp Reference: 5100/09.12.28 Promulgated: 2009-12-28 Effective: 2010-01-01

Promulgated: December 28 2009
Effective: January 1 2010

Main contents: The Interpretation gives further insight on the scope of protection of invention and utility model patents and the determination of infringement thereof, determination on an infringement of a design patent, defence on the ground of prior art or prior use, and confirmation of non-infringement.

Related legislation: PRC Patent Law (3rd Revision), Dec 27 2008, CLP 2009 No.1 p.60; and PRC Civil Procedure Law (2nd Revision) , Oct 28 2007, CLP 2008 No.2 p.22

clp reference:5100/09.12.28
prc reference:法释 〔2009〕 21号
promulgated:2009-12-28
effective:2010-01-01

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