September 22, 2014

The Supreme People's Court ("SPC") recently amended its Several Provisions on the Application of Law to the Adjudication of Patent Dispute Cases (the "Amended Draft Provisions") for public comment until August 15, 2014.

According to the Amended Draft Provisions, Paragraph 1 of Article 9 of the Several Provisions has been amended as "where no research result or patent evaluation report provided by the plaintiff is found leading to the invalidation of the utility model and design", and Article 22 has been amended as "where the right holder claims reasonable expenses it has paid to stop the infringing behaviour, the people's court may calculate them separately beyond the amount of damages as determined in accordance with Article 65 of the Patent Law". Articles 8, 17, 19 and 20 have also been amended.

(Source: www.chinacourt.org)