Supreme People's Court, Circular on the Study and Implementation of the Revised Patent Law

Issued: September 27 2009

Main contents: For cases of alleged patent infringement that took place before October 1 2009 and continue after such date, where the infringer is required to assume the liability for compensation pursuant to the Patent Law before or after revision, the amount of damages shall be determined in accordance with the revised Patent Law (Article 2). Where the alleged patent infringement took place before October 1 2009 and a party applies after October 1 to a people's court for an injunction against the infringement or for property preservation, the revised Patent Law shall apply (Article 3). When a people's court applies the revised Patent Law to try a patent dispute case, provisions of the Supreme People's Court, Several Provisions on Issues Concerning the Application of the Law to Pre-litigation Injunctions to Cease Patent Infringement Activities and the Supreme People's Court, Several Provisions on Issues Concerning the Application of the Law in Hearings on Patent Dispute Cases that are in conflict with the revised Patent Law shall no longer apply (Article 4).

Related legislation: PRC Patent Law (3rd Revision), Dec 27 2008, CLP 2009 No.1 p.60