Proving patent infringement just got easier in China
13 January 2012
Peter Ollier, Hong Kong
A recent Opinion by China’s Supreme People’s Court should make it easier for owners of method patents to prove infringement. But it also reinforces the difficulty of obtaining interim injunctions
The full title of the Opinion is “Supreme People’s Court Opinions Regarding Several Issues Related to Sufficiently Using IP Adjudication Roles to Promote Vigorous Development and Prosperity of Socialist Culture and to Motivate Autonomous and Coordinated Development of the Economy”.
“This Opinion reflects the very strong belief of the Supreme Court that IP is closely linked to industrial policy. They want to use IP legal policy to impact on industry,” said He Jing, a senior consultant of ZY Partners in Beijing.
It was published on December 16 and outlines a series of policies and rules on patent, trade mark and copyright issues, but IP lawyers highlighted the section dealing with...
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