The Supreme Court of China (SPC) has recently published a new
judicial interpretation with regards to the applicability of
relevant laws when patent infringement cases are handled, which
took effect from April 1, 2016. It is a further development of
SPC's judicial interpretation on the trial of patent
infringement cases. The first part of the interpretation has been
implemented since January 1st, 2010, and has been an important
source of authority for lower courts in dealing with patent
infringement cases. This second part covers more aspects of the
patent litigations and would likely produce significant impacts on
patent litigation practice.
In this new judicial interpretation, the SPC provides guidance
on issues related to claim construction, determination of
infringement and tests for defense, contributory liability,
standard essential patents, which may be applicable to all
invention, utility model and design patents. Some of the provisions
were drawn from the
