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.

It is no secret that enforcement in China has been problematic in the past. Although Chinese patent enforcement has always allowed enforcement both through the courts and through Chinese administrative bodies, both have been restrained by the difficulties involved with having separate organizations responsible for different parts of a normal infringement action.