Violators to Get Higher Fines in Draft Revision of Patent Law

Violators to Get Higher Fines in Draft Revision of Patent Law


People who violate patents will face higher fines, according to a draft revision to China’s patent law. The draft, submitted to the Standing Committee of the National People’s Congress, China’s top legislature, for the first review on December 23, aims to strengthen the protection of intellectual property rights and encourage innovations by IP holders. In the draft, the fine range for violators is raised from a minimum of 100,000 Yuan ($14,490) to 5 million Yuan when the loss to patent holders, and the benefits gained by violators, cannot be determined. The current range is from 10,000 yuan to 1 million Yuan. Courts can take evidence provided by patent holders as a reference to calculate the amount of fines if violators do not offer or offer fake materials, the draft said. It also asks patent-related governmental departments to set up systems to offer patent information and data to further improve patent applications. It is the fourth revision to the patent law since 1984, with the latest amendment in 2008.


People watch

It is lucky for Chen Jun to began his career in the IP industry 14 years ago when the first group of IP managers for businesses appeared on the stage in China and he has been in the industry.

It was this “Whampoa Military Academy” for IP that educated China’s first batch of corporate IP management personnel. Many of these engineers left Foxconn in the years since.