The SPC targets indirect patent infringers

最高法院阐述专利纠纷责任

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Katherine Jo &clp articles

The latest judicial interpretation on patent disputes extends indirect liability, clarifies the rights of resellers of infringing goods, emphasizes FRAND principles in SEP injunctions and elevates the authority of PRB invalidations. 最高人民法院的最新司法解释扩大了间接责任范围，阐明经销商的权利、强调 SEP 禁令的FRAND 准则，并增强专利复审委员会的失效决定权。

The Supreme People's Court (SPC) has issued a second judicial interpretation (JI) on patent disputes that further impacts the ways in which IP owners can exert their rights in China.

In the Interpretation on Several Issues Concerning the Application of the Law in Trials of Patent Infringement Disputes (2), the SPC largely targets indirect infringement, by extending the liability to those involved in the manufacturing or reselling process.

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