Comments to NPC on the Patent Law (Draft Amendment)

2019-02-01 | All chapters

The European Chamber welcomes the public consultation on the draft amendment of the Patent Law. The European Chamber's Intellectual Property Rights and Legal & Competition Working Groups, on behalf of member companies, submitted their consolidated comments to the Standing Committee of the National People's Congress.

Compared with the present Patent Law, in the Draft Amendment, the protection for patentees is generally strengthened. However, there are some unclear definitions in this draft, which may result in confusions and abuse in practice, and thus damage patent rights of patentee, public interest and the legitimate rights and interests of others. Thus, the European Chamber propose to further clarify these definitions, enact further regulations, and define detailed implementation measures.