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ARTICLE · 02 AUGUST 2021

China's New Patent Law In Force

Khurana & Khurana, Advocates and IP Attorneys
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China's new patent law brings some of the major changes in the context of infringement and procedural issues. The new patent law came into force in June 2021.

IndiaIntellectual Property

China's new patent law brings some of the major changes in the context of infringement and procedural issues. The new patent law came into force in June 2021. The new law has increased the damages up to five times in the context of willful infringement and serious circumstances. Previously, the damages were RMB 30,000 and have been increased to RMB 5,000,000. The new patent law has increased the domain of China National Intellectual Property Administration (CNIPA) whereby it will handle patent infringement disputes nationwide. Moreover, it has also changed the handling of local patent administrative authorities where they can handle patent infringement disputes by a combination of cases involving the same patent rights. This will help in more effective regulation of abuse of patent rights. One of the major changes is the inclusion of a patent linkage system which will help in the early resolution of a patent dispute, where it builds an effective link between the

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