24-25 September 2008, Harbin
The Chinese Patent Law is currently undergoing its third revision. The revision aims to improve and strengthen patent protection in China in line with the goal of constructing an “innovative country” as outlined in the National IPR Strategy, as well as bring it fully in line with WTO requirements. IPR2 supported a workshop together with the Legislative Affairs Committee (LAC) in its last stages of the crucial legislative drafting work. The workshop involved European experts who assisted the review of the draft Patent Law, discussing its expected impact, addressing questions and making suggestions to the drafting team.
It is part of a larger collaboration between IPR2 and LAO on the review of the Chinese Patent Law, which began with the EU-China Roundtable on the Revision of the Chinese Patent Law in Beijing from 7-8 May 2008 where IPR2 supported SCLAO to solicit opinions and experiences from Chinese and European experts on a number of questions of interest to the drafting team. The draft law subsequently submitted to the NPC reflected many aspects of the discussions which took place during this roundtable. This relationship was further consolidated during the Study Tour on the Revision of the Chinese Patent Law from 23 October to 1 November 2008 to Germany and Spain.
According to the Chinese Legislative Law, any legislative proposals on the Standing Committee (of NPC)'s agenda will normally go through three reviews before the final vote. Therefore, it is foreseen that the Revised Patent Law will be adopted by the end of 2008 or early 2009.
The State Council's Legislative Affairs Office (SCLAO) submitted the draft amendment of the Chinese Patent Law to the Standing Committee of the National People’s Congress (NPC) for review and final enactment in August 2008 with the final review and drafting work entrusted to LAC. On 25 August 2008, the 11th National People’s Congress started its 4th session in Beijing with the revision of the draft Patent Law on the agenda. Mr. Tian Lipu , Director of SIPO presented the meeting with the proposed revisions. Mr Tian confirmed that the first Patent Law took effect on 1 April 1985 and has had two revisions since then (1992 and 2000). The emphasis behind the current promulgation is on encouraging and protecting innovation and creativity and promoting the advancement of science and technology. The Patent Law is considered to have played a significant role in China's economic development. Mr Tian went on to say, however, that it needs further refining in order to better respond to the changes facing China and the rest of the world.
The workshop was successful in providing specific suggestions and comments to the Patent Law revision drafting team at both an opportune and crucial time. This exchange of information between experts on both sides significantly contributes to an improved understanding on both sides; of the Chinese patent system and respective European experience.
The workshop was chaired by Mr Gao Zhixin, Director General of General Office, LAC and experts from the LAC drafting team for the revision of the Patent Law; European academics, practitioners and officials. The technical discussion covered the following sspecific areas:
Protection of patent rights
Invalidation procedure and legal consequences of invalidity of a patent
Litigation for patent infringement
Measures for preventing abuse of patent right
Foreign filing for domestic inventions
For more information on the patent law revision, contact Mr Andreas Obst
For general information on IPR2, contact Ms Tamryn Barker
[IPR2 ref. CC1.IPA.007]