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ARTICLE · 13 SEPTEMBER 2021

Joint Patent Infringement And Validity Hearings In China

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China has a bifurcated patent system but joint infringement and validity hearings have been held. What does this mean for IP litigants in China?

ChinaIntellectual Property
Elliot Papageorgiou
Elliot Papageorgiou
Gordon Harris
Gordon Harris
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China has a bifurcated patent system but joint infringement and validity hearings have been held. What does this mean for IP litigants in China?

In July 2021, in Guangdong Province (Foshan City), a joint hearing took place to determine patent validity and patent infringement. This was the first time such a joint hearing had been held in Guangdong Province: Does it signal a fundamental change in China's bifurcated patent system? And is it bad news for plaintiffs, good news for defendants? Or too early to tell?

The joint hearing in a single venue took place on 14 July 2021: The Foshan Intellectual Property Protection Centre1 (FIPPC) had organised a joint on-line hearing of the Patent Re-examination Board (PRB) of the China National IP Administration (CNIPA) (responsible for determining patent validity), and the Guangzhou Intellectual Property Court (Guangzhou IP Court) (responsible for determining infringement) at a single sitting.

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