Chapter II Legal Affairs

1. Patent Laws and Regulations

In 2006, the Office carried out the preparatory work for the third amendment of the Patent Law. The amendment aims at safeguarding the interests of the patentee and the public and maintaining legal stability and enhancing law adaptability based on international development trend and national reality. By this means, the patent system may play a better role in China's self-dependent innovation, economic and social development, and thus providing a strong systematic support for the establishment of an innovative country. With the collection, conclusion and analysis of 40 study reports on specific topics from the research groups for the third amendment of the Patent Law, the Office finished the Revised Draft of the Patent Law of the People's Republic of China (for comment) and its explanation. On the basis of soliciting public opinions and comments and consideration of ideas and suggestions from various parties through forums and government portal, the Office completed the Revised Draft of the Patent Law of the People's Republic of China (for review) and submitted it to the State Council in December 2006.

In 2006, the Office completed the amendment of Guidelines for Examinations. For the convenience of different sectors of society, the Office provided a comparative version of the amended Guidelines for Examinations as well as its Word and PDF format on the government portal. The Office also compiled the Guide to Amendment of Guidelines for Examinations and published the English version of new Guidelines.

In January 2006, the Office, the Ministry of Commerce, the State Administration for Industry and Commerce and the National Copyright Administration of P. R. China jointly issued the Measures for the Protection of Intellectual Property Rights during Exhibitions, prescribing practical rules for protection of intellectual property rights during the exhibition.

In order to enhance the effectiveness of administrative enforcement of patent rights, improve patent rights protection and safeguard market economic order, the Office launched investigation, research, drafting and formulation of Measures for Trans-regional Joint Enforcement of Patent Cases. Based on comments and suggestions of IP offices in provinces, autonomous regions and municipalities, Measures for Trans-regional Joint Enforcement of Patent Cases (first draft) was finished.

In 2006, the Office strengthened its guidance on improvement of local rules and regulations. At present, 22 provinces, autonomous regions and municipalities have issued local rules and regulations, such as Regulation on Patent Protection. Chongqing Municipality had included Patent Protection Regulation into its local legislative plan. Zhejiang and Henan amended and improved their patent protection regulations and other provinces and cities also issued related regulations and policies to provide further bases for law enforcement.

2. Administrative Reconsideration

In 2006, the Office received a total of 117 cases for administrative reconsideration. 30 administrative litigations were brought in 2006 against the Office's administrative reconsideration decisions.

2013-07-17