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Measures for Administrative Adjudication of Major Patent Infringement Disputes Issued by CNIPA
Fri Jun 25 00:00:00 CST 2021 Published by:Editor

China National Intellectual Property Administration ("CNIPA") recently issued the Measures for Administrative Adjudication of Major Patent Infringement Disputes (the "Measures") and the Announcement on Issues concerning the Acceptance of Administrative Adjudication of Major Patent Infringement Disputes, with the former coming into effect from June 1, 2021.

 

According to the Measures, four circumstances, including "involving key public interests", shall constitute major patent infringement dispute. To request for administrative adjudication of a major patent infringement dispute, circumstances specified in Article 3, along with four conditions, including "the requestor shall be a patentee or an interested party", shall be met. As stipulated in the Measures, where a request conforms to the provisions of Article 4, CNIPA shall accept the case and inform the requestor within five working days upon receipt the letter of request, and, in the meantime, appoints three or more than three persons to form a collegiate panel and handle the case. The Measures also make clear that, when handling a patent infringement dispute, CNIPA shall settle the case within three months upon acceptance thereof.

 

(Source: China National Intellectual Property Administration)


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