Summary of PRC Intellectual Property Laws, Regulations and
National Standards Officially Implemented on 1 June 2021
6月1日起正式施行的知识产权法律法规及国家标准汇总
Date: 2021-06-01
On 1 June 2021, a number of new intellectual property laws,
regulations and national standards have officially come into
effect. The following provides a brief summary of the new laws,
regulations and standards:
- PRC Patent Law
In late 2020, the Standing Committee of the National
People's Congress (the "NPCSC")
approved the fourth amendment to the PRC Patent Law (the
"Amended Patent Law"). The Amended
Patent Law establishes a punitive damages system and increases the
maximum threshold for statutory damages. In addition, the Amended
Patent Law improves the system for service inventions and
establishes a open-licensing scheme for patents. Finally, the
Amended Patent Law establishes a patent term extension and a patent
linkage system for pharmaceutical patents.