In order to be consistent with the revised Chinese patent law and implementing regulations and further standardize the administrative enforcement for patent, State Intellectual Property Office (SIPO) recently released "Draft Measures on Administrative Enforcement of Patent (hereinafter referred to as "the Draft").
According to the Draft, the responsibilities of SIPO in administrative enforcement is to be strengthened. The Draft requires that SIPO should not only provide guidance to the local IP Offices, and should also provide detailed supports by using its technical and information advantage. Additionally, the Draft provides for provisions relating to commissioned enforcement, burden of proof, detention and seizure, mediation. It also clarifies how the local IP offices cooperate with the customs offices, procedures of administrative enforcement.
The comments and suggestions from public can be submitted to SIPO by writing or e-mail, and the deadline is September 30, 2010.
