On December 23, the 7th meeting of the Standing Committee of the 13th National People's Congress heard a statement from the State Intellectual Property Office Director Shen Changyu on the draft amendment to the Patent Law commissioned by the State Council.
According to Shen Changyu, China's current patent law was implemented in 1985. It was revised three times in 1992, 2000 and 2008 respectively, which played an important role in encouraging and protecting inventions and promoting scientific and technological progress and innovation. With the development of the situation, there have been some new situations and new problems in the patent field, and it is necessary to amend the current patent law.
The draft has increased the compensation for patent infringement. Provisions: For intentional infringement of patent rights, if the circumstances are serious, the amount of compensation may be determined within one to five times the amount calculated according to the loss suffered by the right holder, the benefit obtained by the infringer or the multiple of the patent license fee; In the case of the amount, the amount of compensation that the court may determine at its discretion increases from 10,000 yuan to 1 million yuan as stipulated in the current Patent Law to 100,000 yuan to 5 million yuan. The draft also improved the administrative enforcement of patents. Adding provisions: The patent administration department under the State Council may, at the request of the patentee or interested party, handle patent infringement disputes that have significant influence throughout the country; the administrative department of patents shall handle patent infringement disputes at the request of the patentee or interested party, Cases in which the same patent right is infringed in the administrative region can be combined: the case of infringing the same patent right across regions can be requested by the higher-level people's government to manage the patent work.
In strengthening the protection of the legitimate rights and interests of patentees, the draft also improved the burden of proof. Adding provisions: In order to determine the amount of compensation, the people's courts have tried their best to provide evidence. If the books and materials related to the infringement are mainly controlled by the infringer, the infringer may be ordered to provide the books and materials related to the infringement. Where a person does not provide or provide false books and information, the people's court may determine the amount of compensation by reference to the claim of the right holder and the evidence provided. In addition, the draft also clarifies the joint liability of network service providers for network infringement. Adding provisions: The patentee or interested party may notify the network service provider to remove, block, or disconnect according to the judgment, ruling, mediation, or the department that manages the patent work issued by the people's court. If necessary measures such as infringing product links and network service providers fail to take necessary measures in a timely manner, they shall be jointly and severally liable.
Shen Changyu introduced that in order to promote the implementation and application of patents, the draft also clarified the unit's right to dispose of service inventions and creations, and increased the regulations: the unit's right to apply for patents for inventions and patents can be disposed of according to law, and property rights incentives are adopted to take equity and options. , dividends and other means, so that inventors or designers can reasonably share the benefits of innovation, and promote the implementation and use of relevant inventions. In order to meet the needs of China’s accession to the Hague Agreement on the protection of designs, the draft extends the period of protection of design patents from ten years under the current patent law to fifteen years.