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Patent protection

According to the “Patent Law of the People’s Republic of China”, after the grant of the patent right for an invention or utility model, except where otherwise provided for in this Law, no entity or individual may, without the authorization of the patentee, exploit the patent, that is, make, use, offer to sell, sell or import the patented product; or use the patented process, and use, offer to sell, sell or import the product directly obtained by the patented process, for production or business purposes.

There are three following legal proceedings to stop patent infringement:

1. Administrative procedure: The infringee can request the patent administrative authority to commence prosecution. According to relevant regulations, patent administrative authority has the power to investigate the fact of the case, collect evidence, once the constitution of infringing act is confirmed, it has the power to make penalty decisions, the decisions include:

(1)  Order the infringer to stop infringements immediately

(2)  On the request of the infringee’s, commence mediation over the amount of compensation for the infringement of patent right.

(3)  Fine the infringer who counterfeits other person’s patent or passes non-patented product off as patented product.

2. Civil Procedure: The infringee can directly file litigation in the People’s Court, and after trial, the Court shall make the following verdicts:

(1) Cessation of the infringement

(2) Compensation for any losses

(3) Elimination of any negative effects and restoration of prestige.

3. Criminal Procedure: Article 216 of the “Criminal Law of the People’s Republic of China” stipulates that whoever counterfeits other people’s patents, and when the circumstances are serious, is to be sentenced to not more than three years of fixed term imprisonment, criminal detention, and may in addition or exclusively be sentenced to a fine.