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CNIPA to Regulate Major Patent Infringement Disputes

Sat, 24 Apr 2021
Categories: China Legal Trends
Contributors: CJO Staff Contributors Team
Editor: Yuan Yanchao 袁燕超
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On 2 Mar. 2021, China National Intellectual Property Administration (CNIPA) issued the Measures for Administrative Adjudication of Major Patent Infringement Disputes (Draft for Comments) (the Measures, 重大专利侵权纠纷行政裁决办法（征求意见稿）) for public comment until 2 Apr. 2021.

Major patent infringement disputes referred to in the Measures include the following four types: (1) cases involving major public interests; (2) cases that have a significant impact on the development of the industry; (3) major cases across provinces, autonomous regions and municipalities directly under the Central Government; or (4) other major cases that shall be administratively adjudicated by the CNIPA.

There are 25 articles in the Measures, which stipulate the filing, investigation, inspection and appraisal of major patent infringement disputes conducted by the CNIPA, suspension and revocation of cases, mediation, time limit for handling cases, and other issues. The Measures will come into force on 1 Jun. 2021.

Contributors: CJO Staff Contributors Team

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