The State Council Legislation Plan for 2018 was released recently. The Plan specified that four drafts of laws including the amended Patent Law would be submitted to the Standing Committee of the National People's Congress (NPC) for deliberation while 11 lower-hierarchy Regulations including the Patent Representation Regulation would commence their formulation and amendment.
The current amendments specify the role of administrative management over infringement particularly willful infringements with actions such as confiscating the infringing products and equipment, imposing fines, mediating the amount of compensation (A60-61). The calculation of fines and compensations for infringement has been further specified and raised (A60, 66). The administrative department is also allowed to make a ruling on disputes over matter-of-course license or permission of an implementer of a national standard to use patented technology (A84, 85). The amendments also introduce new provisions regarding good faith principle for applying for patent and exercising patent rights (A14), joint and several liability of indirect infringers or internet service provider for e-commerce (A62-63), willful infringement (A60, 67, 68), credit record on the protection of patent rights to be setup and incorporated into the national credit database (A74), and the matter-of-course license of right (A82).
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