China has basically formed a legal system for “strict protection” of intellectual property

Beijing, Nov. 25 (Reporter Lin Lu) today, the State Intellectual Property Office held a regular press conference in the fourth quarter of 2019. At the meeting, Gan Shaoning, deputy director of the State Intellectual Property Office, said that China is strengthening the protection of intellectual property rights, substantially increasing the cost of infringement, and further establishing and improving the punitive compensation system for intellectual property rights infringement.

Recently, the opinions on strengthening the protection of intellectual property issued by the general office of the CPC Central Committee and the general office of the State Council pointed out that it is necessary to strengthen the institutional constraints and establish the policy guidance of strict protection of intellectual property. The opinions make it clear that we should strengthen the punishment of infringement and counterfeiting, strictly regulate the evidence standards, strengthen the enforcement measures of cases, and improve the protection system of new business forms and new fields.

Gan Shaoning said that at present, China has basically formed a legal system of “strict protection” of intellectual property, and 25 intellectual property protection centers have been built nationwide. The fourth revision of patent law in China is to strengthen the protection of intellectual property rights, establish and improve the punitive compensation system for infringement, introduce the compensation system for the period of protection of drug patents, and extend the period of protection of design patents.

Song Jianhua, director of the Department of article and law of the State Intellectual Property Office, said that over the years, China has continued to strengthen the protection of intellectual property rights, but there is still a gap between the protection effect and the expectation of the obligees. “Low compensation” is one of the outstanding problems. The CPC Central Committee and the State Council have issued a series of measures, which call for strengthening the protection of intellectual property and establishing and improving the punitive compensation system for intellectual property. The opinions on strengthening the protection of intellectual property rights issued on November 24 also pointed out that it is necessary to “accelerate the introduction of punitive compensation system for infringement in patent, copyright and other fields.”. We will significantly increase the upper limit of legal compensation for infringement and increase compensation for damages. ”

Song Jianhua said that the State Intellectual Property Administration submitted the revised draft of the Patent Law (Draft for examination) to the State Council in 2015, and put forward specific plans for establishing punitive compensation for patent infringement. In December last year, the amendment (Draft) to the patent law passed the deliberation of the executive meeting of the State Council and was first deliberated by the Standing Committee of the National People’s Congress. She said that the draft stipulates a punitive compensation system. For intentional infringement of patent rights, if the circumstances are serious, the amount of compensation can be more than one time but less than five times, and the legal compensation can be increased from “more than 10000 yuan but less than 1 million yuan” to “more than 100000 yuan but less than 5 million yuan”.

In addition, the revised trademark law, which came into force on November 1 of this year, also increased the amount of compensation for malicious infringement of the exclusive right to use a trademark from one to three times to one to five times, and increased the legal limit of compensation from 3 million yuan to 5 million yuan. Song Jianhua said that these measures will greatly increase the cost of intellectual property infringement and strengthen the protection of intellectual property.

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