Patent Administrative Law Enforcement Measures of China was amended recently and was implemented on July 1, 2015.
The amended Measures enhances the function and power of local intellectual property offices against patent infringement and patent counterfeiting, especially in exhibition and e-business field, which involve more and more patent disputes nowadays.
For example, the amended Measures prescribes that a local intellectual property office may order the exhibitor of infringing or counterfeit products to immediately retreat exhibits from the exhibition, destroy or seal related propaganda materials, and change or cover the display boards etc. Once a local intellectual property office found patent infringement or patent counterfeiting on any e-commerce platform, it shall inform the provider of the e-business platform and ask them to delete or disconnect the relevant webpages.
The amended Measures improves the proceedings in actions taken by a local intellectual property office, such as shortening the duration of investigation for patent infringement disputes from 4 months to 3 months with a 1-month extension at most for complicated cases, defining a definite deadline of 5 or 10 working days for file opening for complaints against patent counterfeiting, making it publicly available within 20 working days after administrative decisions on patent infringement or patent counterfeiting.
In China, patent owners may take administrative proceedings against patent infringement or patent counterfeiting. Different from judicial proceedings, patent administrative proceedings are recommended when a simplified, cheap and quick action is preferred against patent infringement or patent counterfeiting. The amendments to the Measures reflect the consistent policy of the government, that is, to strengthen patent protection more efficiently.
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