The State Intellectual Property Office of China (hereinafter SIPO) is now soliciting public opinions on the Draft Guidelines for Determining Patent Infringement and Indentifying Passing-off of Patents (hereinafter the Guidelines). The deadline for submission is Oct 26, 2013.
The Guidelines are targeted at improvement and consistency of the enforcement standards within the IP administrative agencies across the country. .
The Guidelines are composed of 3 parts and 9 chapters. Part 1 relates to determination of patent infringement for Invention and Utility. Part 2 is about the determination of patent infringement for Design Part 3 relates to identification of passing-off of patents.
Under the Guidelines, the scope of protection for patents for inventions and utility models and interpretation of claims are defined. It further provides for the principles in determining the infringement and types of for defenses. Similarly, the scope of protection and standards for determining the infringement relating to design is also provided. Finally, details of acts relating to passing-off of patents are explained in the guidelines.
