SIPO cracks down on false patent marking
March 30, 2012 | BY
clpstaff &clp articlesChinese consumers will soon find the words “patent pending” on their products after new Measures to crack down on the false patent marking
The Measures for the Marking of Patent Marks (专利标识标注办法), issued by China's State Intellectual Properly Office (SIPO), will take effect on May 1. Under the Measures, manufacturers could pay high damages for selling falsely marked products, as marks may be misleading if the marketing process is poorly managed.
“An effective IP auditing system is essential for regularly tracking the status of patent rights. Existing patents may expire, or be challenged by competitors. The scope may also change over the course of litigation,” said Jonathan Yuan of Shangcheng & Partners. “These are all likely to incur liabilities if marking does not correspond with the status of IP rights,” Yuan added.
The Measures cover marking on packaging and on instructions for use under Article 6. The marks must also be in simplified Chinese (Article 5). However, patent markings are not compulsory.
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