Infringement Aspects of the New Chinese Patent Law

China's new patent law strengthens the hand of patent holders by allowing pre-suit injunctions to bolster enforcement of patent holders' rights. At the same time, the new law allows for the court to refuse a stay of proceedings in the event of a clear case of prior use. Read on for the particulars of the new ruling from the Supreme People's Court.

The new Chinese patent law came into force on July 1 2001. Although a number of changes have been made throughout the law, it is perhaps those that relate to enforcement that may hold the greatest interest and greatest relief for overseas applicants.