Intellectual Property and Patent & Trade Mark Protection

Intellectual Property and Patent & Trade Mark Protection

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  • Mathias Ebenhöh
    Mathias Ebenhöh
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    short report of the HK Hamburg's seminar "Industrial property rights - strategy in China"
    At the above mentioned seminar information about the draft of the 3rd Amendment of Chinese Patent Act were given. It will probably become effective in 2009 and contains the following relevant changes:

    1. Possibility to grant compulsory licenses

    i) if patent isn’t used within 4 years from registration or 3 years from grant of the patent
    ii) in case of restraints of competition if officially detected

    2. State of technology: prior use in foreign countries will be significant

    3. Requirement of initial registration in China no longer applicable

    4. Joint inventions without contractual basis can be used by every inventor - benefits
    shall be shared

    5. Doubling of penalties for infringement of a patent – up to 1 million rmb

    6. Penalty for unauthorised claim of patent rights - 20.000 rmb

    Best regards!
    Mathias Ebenhoeh
    • 25 Nov 2008, 2:21 pm