The fourth meeting of the Standing Committee of the 11th National People's Congress (NPC) starts to examine and discuss the modified draft of Patent law on August 25. Mandated by the State Council, SIPO Commissioner Tian Lipu explains to the meeting the modified draft of Patent Law.

Mr. Tian points out that the Patent Law of the People's Republic of China has been amended twice on September 4, 1992 and August 25, 2000 after coming into effect on April 1, 1985. The current version of Patent Law has exerted important roles in encouraging and protecting invention and creation, promoting scientific and technological progresses and innovation and boosting China's economic and social development. With the development of domestic and international situations, we need to further improve China's patent laws and regulations.

Mr. Tian makes explanations to the Modification of Patent Law (draft) from three aspects: First, the existing Patent Law is modified according to the requirements of stimulating independent innovation and improving the capacity of independent innovation, including newly adding the content of "improving the capacity of independent innovation" and "constructing an innovative country", raising the standards for patent grant, deleting the prescription of applying patents in China before applying patents in foreign countries, granting holders of patent of design the right of offering for sale, clarifying that the compensation of patent infringement should include the right holders' costs for right safeguarding campaigns, increasing the punishment to law-violation activities and adding the prescription of evidence preservation prior to lawsuits.

Second, the existing Patent Law is modified according to the requirements of promotion  technology spreading and utilization. According to the modification, joint patent holders can separately carry out, or license other people through simple licensing, to carry out the joint patents. The modification also clarifies that given the technologies being carried out fall into the category of the existing technologies that do not constitute patent infringement, newly adding prescriptions should not be regarded as right infringement activity.

Third, the existing Patent Law is modified according to the prescriptions of international treaties, especially the new prescriptions of international treaties after China's access into the World Trade Organization. This part allows compulsory licensing of manufacturing and exporting products to particular countries and regions for the purpose of public health; applicants bears the obligation of revealing the sources of genetic resources; no patent right shall be granted to those who violate laws and regulations in acquiring and utilizing genetic resources.

According to the agenda, the meeting listens to the explanations of the State Council on the modification draft of Patent Law on August 25, and examines the draft in groups on the morning of August 27.

 

According to the Legislation Law, the law drafts that have been listed into the agenda of NPC Standing Committee should be put to the vote after three times of examinations and discussions. Thus, the modification draft of Patent Law is expected to be adopted in late 2008 or early 2009.

2008-09-02

2008-09-02