Share on LinkedInShare on LinkedIn

ARTICLE · 23 MARCH 2021

CNIPA To Take On More Roles On Adjudicating Patent Disputes?

The major texts of these drafts appear to be a set of rules from those of the Chinese courts, detailing the mechanism for accepting and the downstream handling of an infringement complaint.

ChinaIntellectual Property

On 9 February 2021, the China National IP Administration (CNIPA) published draft Administrative Adjudication Measures for Early Resolution Mechanism for Drug Patent Disputes (https://www.cnipa.gov.cn/art/2021/2/9/art_75_156702.html, hereinafter drug patent linkage measures) for comments by 27 March 2021.

In less than one month, on 2 March 2021, CNIPA published draft Measures for Administrative Adjudication of Major Patent Infringement Disputes (https://www.cnipa.gov.cn/art/2021/3/2/art_75_157045.html, hereinafter major case measures) for comments by 2 April 2021.

These drafts relate to the 4th Amendment to China's Patent Law that will come into force on June 1, 2021, which empowers the CNIPA to adjudicate drug patent disputes, and major patent infringement disputes, respectively (see my article https://www.linkedin.com/pulse/4th-amendments-chinese-patent-law-toby-mak/?lipi=urn%3

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

See more popular content from