Enforcement of patents Patent law of the People's Republic of China

1 enforcement of patents

1.1 administrative patent enforcement
1.2 civil litigation
1.3 criminal proceedings

enforcement of patents

in common other forms of intellectual property right in china, patents can enforced administrative authorities or in civil or criminal litigation.

administrative patent enforcement

the legal basis administrative patent enforcement found in patent law, enforcement regulations patent law, , sipo s regulations on administrative patent cases.

two types of illegal patent acts can handled administrative authorities - ordinary infringement complaints regarding making/importation, use, , sale/offering sale of patented articles; , patent counterfeiting (which encompasses several acts similar false marking). administrative enforcement traditionally commonly used option patent owners , handled provincial or city-level intellectual property offices (formerly , still colloquially known patent bureaux).

on accepting complaint, requires prima facie evidence of infringement, local bureau can raid infringers premises , confiscate infringing materials , tooling. often, bureau attempt mediate settlement between parties. however, empowered make own decisions. sanctions can include destruction of products/tooling , order stop infringement, bureaux cannot award damages patent owners. in cases of patent counterfeiting, bureau can impose fine on infringer. administrative decisions can appealed people s court.

civil litigation

courts jurisdiction on patent proceedings clarified in supreme people s court s several provisions on issues relating application of law adjudication of cases of patent disputes. cases begun in intermediate people s court, although serious cases can tried in higher people s court , exceptionally supreme people s court.

a degree of forum shopping permitted disputes can heard either defendant domiciled, or infringing act (e.g. sale of infringing goods) took place.

interim injunctions available (including equivalent of anton piller order), if relief granted plaintiff bound initiate proceedings within 15 days thereafter.

on finding of infringement, court has wide range of remedies available, including final injunctions, destruction of infringing goods/tooling, , compensatory damages (if plaintiff cannot prove loss, maximum statutory damages available rmb500,000 per infringement).

criminal proceedings

china s criminal code enables public security bureaux under people s procuratorate take action in cases of serious infringement. private prosecutions possible in limited circumstances.