Patent Infringement In China: Finding The Source

Article 70 of the Chinese Patent Law, which came into effect on October 1, 2009, reads: "Any person who, for production and business purpose uses, offers to sell or sells a patent-infringing product without knowing that it was made and sold without the authorisation of the patentee, shall not be liable to compensate for the damage of the patentee if he can prove that he obtained the product from a legitimate channel."

Article 25 of the Interpretation (II) of the Supreme People's Court on Patent Infringement Disputes, which came into effect on April 1, 2016, clarifies that:

"Where a party uses, offers for sale, or sells infringing products which have been manufactured and sold without the authorisation of the patent holder, not being aware of this and for production and business purposes and proves the legitimate source of the products with evidence, shall be supported by the People's Court if the patent holder requests the party to stop the acts of use, offer for