LEHMAN, LEE & XU
Recently the “
Draft Amendments to the Rules on Administrative Enforcement of Patent Rights (Consultative Draft)
” was issued by the State Intellectual Property Office (SIPO) to seek for opinions. The Draft Amendments specify the patent authorities’ administrative enforcement of patent rights, including handling disputes over patent infringements, arbitration of disputes over patents and dealing with false patent cases. The Draft Amendments also specify the power of the patent authorities to collect evidence in handling disputes over patent infringements and false patent cases. The authorities shall have the jurisdiction over false patent cases which take place within their administrative regions. Applications for mediation of disputes over patent rights must be made in written form.
The closing date of the consultation is 30 September 2010.