On January 25, 2016, Chief Justice and President of the Supreme People's Court, Qiang Zhou chaired the Plenary Session of Judicial Committee of the Supreme Court, which reviewed and approved in principle the Interpretation (II) of the Supreme People's Court on Several Issues Concerning the Application of the Law to the Trial of Disputes on IP Right Infringement.
The above Interpretation went through 13 revisions before the last draft was finalized in 2014. This judicial interpretation mainly covers the following.
- Contract on product sales is deemed as selling in terms of patent infringement;
- What kind of product is deemed as product directly obtained from patented process;
- Conflicting application is applicable in the defense against prior art;
- The recommendation for standard patent defense;
- Defense on legal origin in the payment of appropriate consideration for patent products;
- Whether a court shall support the compensation agreement between two parties of an IP infringement dispute;
- In case that invalidation decision is not yet in effect, how shall a court of retrial handle the problem of compulsory execution of compensation for IP infringement.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
