Recent Law Change Concerning Chinese Patent Infringement Disputes: Interpretations (2) of SPC

  • December 07, 2016
  • 12:30 PM - 1:30 PM
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Hui Wang, Partner, Patent Attorney at Chofn IP

Interpretations (2) of SPC on Several Issues Concerning the Application of Law in the Hearing of Cases of Patent Infringement Disputes

The Chinese Supreme People’s Court promulgated a new law concerning patent infringement this year (effective from 1st April, 2016).

The official name of the law is “Interpretations (2) of SPC on Several Issues concerning the Application of Law in the Hearing of Cases of Patent Infringement Disputes”. It is a supplement of the preceding law of 2009, based on the growing cases of patent infringements in the recent seven years.

31 Articles are included, concerning topics on indirect infringement, assistance in acquiring evident for calculation of damages, determination of the scope of protection for claims, bifurcated system and determination of design patent infringement, etc.

It reflected three fundamental principles of “Strengthen IP protection, Emphasize disclosure to the public, and Balance of interests”, and helps to make Chinese judicial system more efficient in handling patent infringement cases. It is important to learn about this law for any professionals with an interest in patent infringement litigation in China. 

Biography

After graduation, Mr. Wang has been engaged in the research work in the fields of mechanics, chemical engineering, materials and electronics for more than 8 years in UK. He has been working in the patent field after his return to China, previously at two different IP firms before joining Chofn IP.

His practice mainly focuses on patent issues concerning the above mentioned technical fields and he is experienced in patent drafting and prosecution, translation of English application and other IP related legal documents, patent searching and analysis, etc. In addition, he is also actively involved in post-grant proceedings, foreign related anti-counterfeiting, transfer and licensing, and infringement litigation cases. Due to the rich academic research experience, Mr. Wang has a deep understanding of the development of technology as well as patent, his professional skills and client-oriented legal services have been well-recognized by people he worked for.


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