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Patent Protection and Litigation in PRC
    Pursuant to the provisions of the Chinese Patent Law, no one may, without the authorization of the patentee, manufacture, use, sell or import the patented products. Such acts constitute infringement of patent rights.
To stop the patent infringement, three legal remedies are available in China:

a) Administrative mediation. The infringed party may request authorities of patent administration to intervene. The patent administration authorities may first resort mediation and then, in case of failure of mediation, make a decision. The decision may include an order that infringement be ceased, damages be paid and fine be imposed.

b) Civil proceedings. The infringed party may bring suit directly with the People's Court. Th court will make one of the following judgements: stop infringing acts, pay damages, ill effects be removed.

c) Criminal proceedings. Pursuant to provisions of Article 216 of the Criminal Code, where the case is serious in counterfeiting other's patent, imprisonment of up to three years or detention be given, concurrently or separately fine penalty be imposed.

So if a patentee faces a situation where his patent right is seriously infringed or counterfeited, he may bring suit with the People's Court to prosecute the infringing party.

Things to remember in initiating legal proceedings regarding patent:
a) patent infringement case fall under the jurisdiction of the court where the infringing goods were made. Where the place of goods are not clear, suit may be brought before the court where the goods are sold or used.
b) The plaintiff: The patentee, monopolistic patent licensee can be the independent plaintiff; exclusive licensee or ordinary licensee together with the patentee, can be the co-plaintiff.
c) In the process of litigation, the infringed party may apply for property preservation or evidence preservation with the People's Court.
d) Pursuant to relevant judicial interpretations, infringement case involving utility model and design, the defendant may request a cessation of litigation within the period response and then request the Chinese Patent Office to cancel or invalidate the patent. After the response period expired, the court generally does not cease litigation. Where the case involves invention, court will not cease litigation under normal circumstances.
e) The Patentee may bring a suit against a patent infringement within two years from the date when he knew or should know the happening of infringement.

Should you have any questions, Please contact our International Department:

TEL: 86-10-66514270
FAX: 86-10-66514272
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