Li Shunde :The third revision of China's infringement of patent law to increase penalties

?China's top legislature on the 27th vote on amending the "Patent Law of The People's Republic of China" decision, clearly acts to further increase the penalties for infringement of patent rights and improve the licensing of the "threshold" to "fake patent" and " junk patent "to say" no. " Although the Chinese government attaches great importance to IPR protection in recent years, through the administrative protection and judicial protection, "two-way parallel operation" mode to build intellectual property protection system, but because of the intellectual property system in China is only a short period of time than 20 years, the people's awareness of IPR protection is still not strong, and patent violations still occur.

In June 2008, China's State Council promulgated the "Outline of National Intellectual Property Strategy", that "by 2020 to build China into IP creation, utilization, protection and management in countries with higher levels of" strategic objective, then the legislature to speed up patent law revision.

The revised patent law increased the penalties for patent violations, a clear violation of the rights of patent rights for compensation should include the cost of human rights protection to provide compensation for patent infringement to stop human rights violations should include the reasonable expenses paid.

At the same time, in order to fight against patent violations, the revised patent law will pass off the patent amounts ranging from a fine of three times the illegal gains to 4 times; there is no illegal income, the amount of the fine from 50,000 yuan to 20 yuan, and an increase of patent authorities investigate suspected acts of counterfeiting patent license.

To improve the efficiency of judicial protection, the revised patent law also provides that: in the litigation activities, the rights holders of the losses, the profits gained by the infringer and patent licensing fees are difficult to determine the people's court according to the type of patent, infringement nature of the act and circumstances and other factors, determine to give 10,000 yuan or more 100 yuan in compensation.

Chinese Academy of Social Sciences researcher Li Shunde, said Law, increase penalties for patent violations, efforts to contribute to the effective protection of patents invention to create a positive nature is to safeguard the legitimate rights and interests of the patentee, as well as an important safeguard the public interest.

In order to improve the patent license "threshold" curb "junk patents" generation, the revised patent law also increases the licensing standards, the basic conditions for patentability - novelty, inventiveness and practicality of revising and improving the standards of , especially to raise the standards of design patent authorization.

The existing patent law on licensing conditions, used the "relative novelty standard", that is, to apply the provisions of invention, utility model patent inventions not published at home and abroad before, have not been publicly used in China or in other ways for the public knowledge; for the design of a design patent has not been published at home and abroad, nor used in the domestic public.

Under this provision, a number of technology has not been published, although in foreign countries has been publicly used or have the appropriate product to sell, as long as no one in China there is no corresponding public use or sale of products, you can grant a patent in China , resulting in Chinese patent quality is not high.

"This is not conducive to encouraging innovation, but also hindered foreign technology in China has been the application." State Intellectual Property Office Tian Lipu said.

To this end, the revised patent law patent licensing standards by the "relative novelty" to "absolute novelty" requirement to grant patent inventions at home and abroad are not known to the public, the novelty of the standard geographic by the internal expansion of the world.

With the new revised in order to dovetail with international treaties. According to "modify" the Agreement on Trade-Related Intellectual Property Rights "Protocol" and the "Convention on Biological Diversity" and other regulations, the revised patent law is also involved in public health and export of patented pharmaceutical manufacturers to grant a compulsory license, and emphasis on genetic resources protection.

China's current patent law since April 1, 1985 formally implemented in this revision before in 1992 and 2000 two large-scale revision.

The NPC Education, Science Committee on Science and Technology Office Director Chen Guang-jun said that the changes more than the first two focus on the fulfillment of international commitments and with international rules, the current patent law revision, it is to solve China's economic and social development from the face the real issues at a more comprehensive way to protect the interests of domestic and foreign patents, but also take into account the public interest balance.

"This whole not modify the provisions of too much should be said that encourage innovation and strengthen the protection that runs through." Chan Yi-chun.

Although the revised patent law to encourage and protect inventions have made a more explicit system of protection, but the relevant experts also said that more controversial in recent years, the abuse of patents, patent disputes, lawsuits and other circulation problems, the revised Patent Law did not respond, remains to be further revised and improved.

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