Recently, the State Intellectual Property Office announced the Draft Amendment to the PRC Patent Law (draft). Song Jianhua, Secretary of Treaty and Law Division, said that the draft proposed to increase patent protection, and the amount of compensation by two to three times for deliberate infringement.
In response to the difficulties in discharging burden of proof, long period for enforcement, high cost, low compensation and poor results in China's patent infringement cases, this revision will launch five major initiatives to strengthen patent protection.
First, for the "difficulties in discharging burden of proof" issue, when the parties and rights holders have tried to provide evidence of infringement, while some related books and materials are still in the hands of the infringer, the court may order the infringer to provide the related information. If the infringer does not provide that, the court can issue judgment of the amount of compensation, with reference of claims by the right-holder.
Second, for the "long period of infringement dispute" issue, from the legal perspective, it is proposed to regulate on the enforcement of administrative decision on patent disputes, and judicial confirmation of administrative conciliation agreement.
Third, for the "low compensation" issue, it is proposed to provide punitive damages for deliberate infringement, for example, the amount of compensation can be increased to two to three times.
Fourth, for the "high cost, poor effect" issue, it is recommended to take appropriate measures in terms of administrative punishment, to stop deliberately group or repeated violations promptly.
Fifth, for the infringement realized through Internet, it provides that the network providers and network service providers shall take responsibilities, to achieve convergence supporting in the legal system.