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6 White Paper on the Business Environment in China plicated cases), (2) clears the filing deadline for medi-
ating patent disputes and investigating and punishing
Significant IPR Laws and Regulations in 2015 counterfeit patent acts (Article 24 and 28, “promptly
file the case” with strong sense of principle is amended
Measures for Patent Administrative Law En- to specify a clear time limit), and (3) explicitly provides
forcement (2015 Amendment) requirements on time limits for relevant administra-
tive decisions (Article 46, make it clear that one must
The original Measures for Patent Administrative Law En- promptly publish law enforcement information on gov-
forcement (hereinafter referred to as “Law Enforcement Mea- ernment website, etc. within a specified time limit).
sures”) was officially implemented in February 2011. The Law Exhibitions need quick mediation of patent infringe-
Enforcement Measures intend to further facilitate protection of ment disputes and prompt investigation and treatment
the rights of patent holders and the general public. of counterfeit patent acts. The current Patent Law has
already provided the patents holders’ rights to offer to
Amidst China’s rapid economic and social development, sell industrial designs, while relevant provisions of ex-
technology advancements, and the intensifying market com- hibition regulation for IP protection have not reflected
petition, new conditions and issues in the field of patent pro- similar rights. With rapid progress of new technology
tection are emerging. In the course of conducting the special such as the internet, etc., patent protection issues in new
operation of “crackdown on IPR infringements and on pro- emerging fields such as e-commerce appear and corre-
duction and sale of counterfeit and shoddy commodities” and sponding administrative law enforcement methods re-
inspection of the enforcement of the Patent Law by the NPC quire prompt change and creation. The practice of dif-
Standing Committee, current patent protection was found ferent zones such as Zhejiang Province and other places
ineffective and patent administrative law enforcement needs reveals the strong demand of e-commerce platform
to be further strengthened and improved. With the develop- suppliers, online shop operators and obligees to further
ment of exhibition and virtual economy and the emergence improve patent administrative law enforcement and to
of e-commerce, questions regarding the effective resolution resolve patent infringement disputes in the e-commerce
of patent protection issues during the exhibition period and field. Therefore, this amendment provides that patent
in the current internet era have attracted society’s attention. administrative departments should strengthen adminis-
trative law enforcement in exhibition and e-commerce
It is important to note that on July 1, 2015 the State In- fields, rapidly mediate and handle patent infringement
tellectual Property Office (SIPO) promulgated and imple- disputes arising during the exhibition period and on
mented the amended Measures for Patent Administrative Law e-commerce platforms, and investigate and punish
Enforcement to address serious group patent infringements, re- patent counterfeiting acts in a timely manner (Article
peated infringements, and other related prominent problems. 8). In addition, the patent administrative department
should order infringing exhibition participants to take
Main Contents of the Amendment measures such as withdrawing the infringing exhibits
from the exhibition, destroying or sealing correspond-
1. Adhering to the principle of rule of law and empha- ing advertising materials, replacing or covering corre-
sizing the purpose of administration by law. sponding panels, etc., and shall notify the e-commerce
The Law Enforcement Measures present clear require- platform suppliers to take measures including deleting,
ments on strengthening administration by law. Adher- blocking or disconnecting the links of the relevant web
ence to rule of law and administration by law princi- pages of infringement or counterfeit patent products to
ples are foundational. For the foregoing purpose, this stop the infringing acts and patent counterfeiting acts
amendment explicitly included “further promoting in a timely manner (Article 43 and 45).
administration by law” into the legislative purpose of Article 41 is amended to Article 43 and includes an ad-
the Law Enforcement Measures (Article 1). ditional item (6) that states: “To order exhibition par-
ticipants to take measures such as withdrawing infring-
2. Taking advantage of administration by law to adapt ing exhibits from the exhibition, destroying or sealing
to the needs of the development of exhibitions and corresponding advertising materials, replacing or cov-
internet. ering corresponding panels, etc.” A new subparagraph
The Law Enforcement Measures employ simple proce- is added as subparagraph 2 which states: “Where the
dures and quick processes. To further protect patent patent administrative department considers that the
rights, this amendment (1) decreases the time limit
for handling patent infringement disputes (Article 21,
shortens it from settling cases within 4 months from
the date of filing and within one more month for com-
plicated cases, to settling cases within 3 months from
the date of filing and within one more month for com-
88
ating patent disputes and investigating and punishing
Significant IPR Laws and Regulations in 2015 counterfeit patent acts (Article 24 and 28, “promptly
file the case” with strong sense of principle is amended
Measures for Patent Administrative Law En- to specify a clear time limit), and (3) explicitly provides
forcement (2015 Amendment) requirements on time limits for relevant administra-
tive decisions (Article 46, make it clear that one must
The original Measures for Patent Administrative Law En- promptly publish law enforcement information on gov-
forcement (hereinafter referred to as “Law Enforcement Mea- ernment website, etc. within a specified time limit).
sures”) was officially implemented in February 2011. The Law Exhibitions need quick mediation of patent infringe-
Enforcement Measures intend to further facilitate protection of ment disputes and prompt investigation and treatment
the rights of patent holders and the general public. of counterfeit patent acts. The current Patent Law has
already provided the patents holders’ rights to offer to
Amidst China’s rapid economic and social development, sell industrial designs, while relevant provisions of ex-
technology advancements, and the intensifying market com- hibition regulation for IP protection have not reflected
petition, new conditions and issues in the field of patent pro- similar rights. With rapid progress of new technology
tection are emerging. In the course of conducting the special such as the internet, etc., patent protection issues in new
operation of “crackdown on IPR infringements and on pro- emerging fields such as e-commerce appear and corre-
duction and sale of counterfeit and shoddy commodities” and sponding administrative law enforcement methods re-
inspection of the enforcement of the Patent Law by the NPC quire prompt change and creation. The practice of dif-
Standing Committee, current patent protection was found ferent zones such as Zhejiang Province and other places
ineffective and patent administrative law enforcement needs reveals the strong demand of e-commerce platform
to be further strengthened and improved. With the develop- suppliers, online shop operators and obligees to further
ment of exhibition and virtual economy and the emergence improve patent administrative law enforcement and to
of e-commerce, questions regarding the effective resolution resolve patent infringement disputes in the e-commerce
of patent protection issues during the exhibition period and field. Therefore, this amendment provides that patent
in the current internet era have attracted society’s attention. administrative departments should strengthen adminis-
trative law enforcement in exhibition and e-commerce
It is important to note that on July 1, 2015 the State In- fields, rapidly mediate and handle patent infringement
tellectual Property Office (SIPO) promulgated and imple- disputes arising during the exhibition period and on
mented the amended Measures for Patent Administrative Law e-commerce platforms, and investigate and punish
Enforcement to address serious group patent infringements, re- patent counterfeiting acts in a timely manner (Article
peated infringements, and other related prominent problems. 8). In addition, the patent administrative department
should order infringing exhibition participants to take
Main Contents of the Amendment measures such as withdrawing the infringing exhibits
from the exhibition, destroying or sealing correspond-
1. Adhering to the principle of rule of law and empha- ing advertising materials, replacing or covering corre-
sizing the purpose of administration by law. sponding panels, etc., and shall notify the e-commerce
The Law Enforcement Measures present clear require- platform suppliers to take measures including deleting,
ments on strengthening administration by law. Adher- blocking or disconnecting the links of the relevant web
ence to rule of law and administration by law princi- pages of infringement or counterfeit patent products to
ples are foundational. For the foregoing purpose, this stop the infringing acts and patent counterfeiting acts
amendment explicitly included “further promoting in a timely manner (Article 43 and 45).
administration by law” into the legislative purpose of Article 41 is amended to Article 43 and includes an ad-
the Law Enforcement Measures (Article 1). ditional item (6) that states: “To order exhibition par-
ticipants to take measures such as withdrawing infring-
2. Taking advantage of administration by law to adapt ing exhibits from the exhibition, destroying or sealing
to the needs of the development of exhibitions and corresponding advertising materials, replacing or cov-
internet. ering corresponding panels, etc.” A new subparagraph
The Law Enforcement Measures employ simple proce- is added as subparagraph 2 which states: “Where the
dures and quick processes. To further protect patent patent administrative department considers that the
rights, this amendment (1) decreases the time limit
for handling patent infringement disputes (Article 21,
shortens it from settling cases within 4 months from
the date of filing and within one more month for com-
plicated cases, to settling cases within 3 months from
the date of filing and within one more month for com-
88
