This field provides for the legal framework that relates to the protection of patent rights. It must be underlined that the Chinese Patent Law provides for three different types of patents: inventions, utility models, and designs. As in many other jurisdictions, Patent Law is a particularly complex and wide area of law; and the Civil Law, Criminal Law and Administrative Law as well as the Civil, Administrative and Criminal Procedure Laws include references related to the protection and enforcement of patent rights that should be taken into account and are covered by the respective fields of Civil and Civil Procedure Law, Criminal and Criminal Procedure Law and Administrative and Administrative Procedure Law.
The core legislation in this field is the Patent Law, updated in 2009, which is supplemented by the Rules for the Implementation of the Patent Law of the People's Republic of China, subsequently updated in 2010. Both legal documents define patentable subject matters, the conditions for the grant of patent rights, the procedure for the application, examination and approval of patents applications and the scope of the protection accorded by law to patent rights. The state body responsible for all matters related with patent law is the State Intellectual Property Office under the State Council. Patent rights of invention that relate to the national defence interest fall under the rules stated into the Regulations on National Defence Patent. The regulations follow the same scheme as the Patent Law but set specific provisions for the exploitation of a national defence patent.
Geld verdienen Compulsory licensing is regulated by the principles set in Section VI of the Patent Law and the Measures for Compulsory Licensing of Patent Implementation (together with some specific legislation such as the Measures for Compulsory Licences on Patent Implementation concerning Public Health). It must be pointed out that the rules regarding compulsory licensing apply only to invention and utility model patents but not to design rights.
To implement the provisions of the Patent Cooperation Treaty, China has issued the Provisions Concerning the Implementation of the Patent Cooperation Treaty in China that apply to international applications filed with the Chinese Patent Office or applications filed abroad designating or electing China. The Opinions of MOFTEC and the State Intellectual Property Office on Strengthening the Administration of Patents in Foreign Trade are vital for the understanding of the position of China towards international economic and technological cooperation and competition and the protection and administration of the IPRs in Foreign Trade.
Furthermore, the Supreme Court has issued Several Provisions for the Application of Law to Pre-trial Cessation Of Infringement of Patent Rights and Several Provisions of the Supreme Court on Issues Concerning Applicable Laws to the Trial of Patent Controversies that are of particular importance for the enforcement of patent rights in view of protecting the legitimate interests of patentees and other relevant parties.
View IPR2 Roadmap for Patent Protection in China.