Opinion: Reforming patent enforcement

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clpstaff &clp articles

Plans to amend China's Patent Law to give greater powers to administrative authorities could slow down the courts with appeals

The State Intellectual Property Office (SIPO) released a proposed amendment to the PRC Patent Law (中华人民共和国专利法) for public comments on August 10 2012. The proposed amendment will be the fourth to the Law since adopted in 1984.

The State Council, following its study in November 2011 on the effectiveness of IP enforcement, recommended that IP laws be revised to increase punishment and strengthen law enforcement. It was against this background SIPO began preparing the proposed amendment to the Law. Together with the amendments to the PRC Trademark Law (中华人民共和国商标法) and the PRC Copyright Law (中华人民共和国著作权法) they are all part of the Outline for the State Medium- and Long-term Plans for the Development of Science and Technology (国家中长期科学和技术发展规划纲要), to transform China into the next technology powerhouse by 2020.

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