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China to Crackdown on IPR Infringements

The mainland is set to strengthen intellectual property rights protection through increased penalties for infringement, with clarification of the burden on suspected infringers as regards discovery and provision of information. Internet service providers will also be held liable for failing to stop online IP offences in time.

The moves follow the State Council Executive Meeting passing a draft amendment to the Patent Law of the People’s Republic of China on 5 December as part of ongoing efforts to crack down on intellectual property rights (IPR) infringements. In line with international practice, China will substantially raise penalties for infringement and counterfeit of patents in a bid to deter any future violations.

In addition, the amendment introduces an incentive mechanism that would entitle inventors and designers to have a reasonable share of any IP income arising from their creations in the course of employment. It also introduces several improvements to the overall patent licensing system.

The draft amendment will then be submitted to the Standing Committee of the National People’s Congress for review.

For further details (in Chinese), please access the following link:

State Council Executive Meeting Passes Draft Amendment to the Patent Law of the People’s Republic of China

Content provided by Picture: HKTDC Research
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