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Patent Law Revised to Better Protect Rights
China's Patent Law, after the new revision, will be further brought into line with international practice, a senior patent official said Friday in Beijing.
The law has been amended to be in line with the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS), said Ma Lianyuan, a spokesman for the State Intellectual Property Office (SIPO).
In accordance with TRIPS' requirements, the amended law stipulates that for example, when patent holders find patents are being or to be infringed, they can ask the courts to stop the infringement and help safeguard their rights before bringing up a suit.
Before the amendment, China had no such practice, said Ma at a press conference held by the State Council Information Office.
Meeting TRIPS' requirements is crucial for China to join the World Trade Organization, sources from SIPO said.
The amended law, passed at the 17th session of the Standing Committee of the Ninth National People's Congress late last month, will be effective on July 1 of next year.
The law was also revised to encourage technological inventions and fair competitions among State-owned and non-state firms and institutions, said SIPO's commissioner Jiang Ying.
The amended law removes those restrictive provisions that patent rights be classified as holding or owning rights according to the ownerships of firms and institutions.
It stipulates that State-owned and non-state enteprises or institutions enjoy the same treatment in obtaining patent ownership rights.
``This aims to spur state-owned firms to get well prepared for fierce international competitions before China enters into WTO,'' said Jiang.
Previously, State-owned entities only had patent holding rights.
To help curb the increasing numbers of cases of gang infringement and repeated infringements, the new Patent Law authorizes patent administrations to crack down on patent counterfeit activities, confiscate illegal income and fine patent violators. The move aims to authorize judicial departments to better fight patent infringement, said Jiang.
The amended law has greatly simplified the procedures of patent application, check-up and transfer. It also cuts the red-tapes for domestic units or individuals to apply for patent protection in foreign countries.
``Although the amended law doesn't include some new and fast-developing technologies, such as Internet and genetic products, China will keep a close eye on the development of new technologies, and work out relevant measures to protect patent of these technologies,'' Jiang added.
The new Patent Law also highlights the awards to inventors of patented technology, to stimulate scientists' and technicians' enthusiasm of technological innovation.
It stressed that patent administrations are not allowed to engage in trading patented products.
China's original Patent Law took effect in 1985 and was first amended in 1992.
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