China -  Chinese law firm

What likely changes will be made to the patent law once China enters the WTO?

China has recently approved its second revision of the Chinese Patent Law, which took effect from July 1, 2001. The revision was established for the purpose of abiding by international standards and treaties. For example, the revised law conforms more closely to the TRIPs Agreement (Agreement on Trade-Related Aspects of Intellectual Property Rights) and more adequately meets the requirements of the WTO. The detailed revisions with conformity to TRIPs are as follows:

- As to the right of patentee, besides the manufacturing, use , selling or importation of that which is patented, offering to sale is also included;

- As to the decision passed down by the Patent Re-examination Board on inventions, utility models and industrial designs, any party who is unsatisfied with the decision can initiate legal proceedings in the People's Court (in the former law, this was only the case with inventions);

- If necessary, a patentee may ask the court to enforce temporary measures to guarantee his right;

- As to the compulsory license for exploitation of the patent, the phrasing has been amended to conform more closely to the language used in TRIPS.

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