Final CNIPA Measures For Administrative Adjudication Of Major Patent Infringement Disputes

Contributor

Dr. Toby Mak is somewhat unique as a registered Chinese patent attorney, as he was trained under the UK patent system, and has passed some of the UK patent attorney’s examination papers. He actively publishes articles on Chinese IP, and speaks on Chinese IP for various organizations around the world.

Explore Firm Details

Final CNIPA Measures for Administrative Adjudication of Major Patent Infringement Disputes Announced on 26 May 2021

China Intellectual Property

Authors

Announced on 26 May 2021, effective from 1 June 2021:

https://lnkd.in/gjJ9Bvq

The draft in March 2021 was reported in my article below:

https://lnkd.in/gqDceSs

Main points:

Applicant will know whether cases is accepted in 5 days.
Responses from alleged infringer are to be filed within 15 days.
Oral hearing notified in 5 days.
Adjudication to be decided within 3 months.
Appeal to be filed within 15 days.

It appears that the opinion that the tight time schedule imposed is unrealistic to a foreign entity has not been listened. I can only wish those foreign entity good luck if accused of being an infringer in such a case (could this be used to target foreign entity?......).

Having said so, these measures are restricted to those having "major influence" (see my article above), which do not happen everyday.

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.

Authors