Recently, State Intellectual Property Office (SIPO) issued three regulations to promote China's patent law enforcement, which were Guide of Determining Patent Tort, Evident Rule on Patent Administrative Enforcement, and Guide on Patent Disputes Administration Mediation.
According to a formal interview from an official of SIPO, locality intellectual property offices aim to mediate with patent tort disputes, mediate with other patent disputes and investigate counterfeit patents in accordance with Patent Law and its Enforcement Regulation. In recent years, with the whole IP system's strength against counterfeit and patent infringement case increasing and the handling quantity presents a fast growth momentum, locality intellectual property offices has been facing more and more problems for patent infringement determination, administrative enforcement standard of patent disputes, and application of rules of evidence in administrative mediation. Relevant applicable laws are found in administrative procedure law, the law on administrative punishments, other relevant judicial explanation related rules, and administrative response. According to the official, it needs an unified guidance of normative documents.
Therefore, in recent years, SIPO carried out investigations and studies, asked for demand, comments and suggestions from locality intellectual property office, departments under SIPO and social sectors, summarize suitable rules and detailed regulations for patent administrative law enforcement, extract the easy and fast advantages of administrative law enforcement. Thus becomes Guide on Determining Patent Tort, Evident Rule of Patent Administrative Enforcement, and Guide onPatent Disputes Administration Mediation.
"Cases in the regulations are helpful to improve the law enforcement basis, enhance the level of things afterwards supervision, strengthen the system of law enforcement and make law enforcement more scientific, normative and coordinative," said the official.
Source: China IP News.