China's Patent Legislation Through the Years
January 24, 2019 | BY
Jacelyn JohnsonYan Wang, Xiaowei Wei and Rui Luo, partners at Han Kun Law Offices share with China Law & Practice the unique system of China's patent legislation, and how the open-door policy has influenced China's IP policies to match that of international standards, and how the newly drafted patent legislation will set China up for a successful run in being an IP hub
After over three years of deliberation, the fourth amendment to the Patent Law (draft) was published and open for public comments. China Law & Practice speaks with Yan Wang, Xiaowei Wei and Rui Luo, partners from the Intellectual Property Department of Han Kun Law Offices, to walk us through the changes in patent legislation through the years, the significance of the new draft law, and the future of China in terms of Intellectual Property protection.
Could you briefly describe the history of patent legislation in China?
The history of China's patent legislation is fairly short. The first Patent Law of the People's Republic of China (hereinafter referred to as "Chinese Patent Law") was only promulgated in 1984, and came into effect in 1985, before which there were only regulations for protecting inventions. The Chinese Patent Law was an initial attempt to introduce the modern world's patent system into China, however comparatively, it remained fairly conservative and contained many relics from the era of state-planned economy.
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