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ARTICLE · 24 NOVEMBER 2021

CNIPA Accepted The First Two "Important" Infringement Complaints

CNIPA accepted the first two "important" infringement complaints. See the notice from the CNIPA below:

ChinaIntellectual Property

CNIPA accepted the first two "important" infringement complaints. See the notice from the CNIPA below:
https://lnkd.in/gwUTzz8K

The acceptances are in accordance with Article 70 of the Chinese Patent Law (2020), which empowers the CNIPA to adjudicate patent infringement complaints with "nationwide importance influence". The parties and the patent involved were not revealed in the notice above.

According to the above notice, in addition to a panel to make the decision, technical investigator would also be involved. A hearing would be held before a decision is made. These are similar to the processes at a court in China.

The CNIPA could become a favorable forum to handle infringement if the CNIPA requires less stringent requirements on submission of formality documents like Power of Attorney and business registration certificates than a court. Specifically, it appears that the CNIPA does not require notarization and legalization of these documents, while a court

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