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WEEKLY NEWS - DECEMBER 19, 2008

This article is part of MIP Week, a weekly email newsletter written by the editors of Managing IP magazine. Take a one week trial to Managing IP and find many more related articles.

China discusses Patent Law amendments

Janice Qu, Hong Kong

A second discussion of the draft amendment to China’s Patent Law will be held from December 22 to 27

The Standing Committee of the National People's Congress announced the discussion on December 15.

According to a posting on December 16, issues being discussed in the amendment include:

1) a higher standard of absolute novelty so that selling a patented product outside China qualifies it as prior art;

2) new rules on the popularisation of patented technologies;

3) tighter protection of patent rights and prevention of patent abuse to balance the interests of rights owners and public society; and

4) a full exercise of rights conferred by the international conventions that China has signed.

The draft amendment is expected to be adopted in the first half of 2009 after at least three discussions. The first discussion was held in August 2008, and a revised draft published in September.

In December 2007, Managing IP examined the main changes proposed in the amendments.



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