Source: China Intellectual Property News; NIPSO
Recently, the China National Intellectual Property Administration (CNIPA) released the Administrative Adjudication Measures for Major Patent Infringement Disputes, which came into force on June 1, 2021.
The Measures is designed to implement the strategic decisions of the CPC Central Committee and the State Council on comprehensively strengthening the intellectual property protection, and is conductive to maintain the market order with fair competition, and protect the legal interests of the right owners and the public. The major patent infringement disputes will be handled in accordance with the rule of law. The Measures contains 27 articles and provide an explanation of the categories of cases that would fall under the purview of Article 70 (1) of the amended PRC Patent Law.
Any of the following situations is a major patent infringement dispute:
(1) Involving major public interests;
(2) Seriously affecting the development of the industry;
(3) Major cases involving cross-provincial administrative regions;
(4) Other patent infringement disputes that may cause significant impact.
The provincial IP administrations (including the autonomous regions and the municipalities) shall report to CNIPA for the administrative adjudications if they consider them having major impacts nationwide.
