CHINA
IF PASSING-OFF IS ESTABLISHED, IN ADDITION TO CIVIL LIABILITY, RELEVANT ENFORCING BODIES WILL REQUIRE THE RELEVANT PARTY TO CORRECT THE MARKING AND CONFISCATE THE ILLEGAL EARNINGS.
office or the IP office at the state level can further impose a fine of up to four times the illegal earnings.
Te draſt amendment further includes important provisions that help to increase the efficiency of infringement litigation. Specifically, it prescribes that a decision on validity of the patent made by the Patent Re-examination Board (PRB) becomes effective when it is published and that the court and local IP offices should promptly deal with an infringement case when such a decision becomes effective. Currently, an alleged infringer may delay the infringement suit by fighting against the decision of the PRB in court—usually not the same court that deals with the infringement suit. Tese new provisions allow the patentee to speed up the infringement suit, when its patent is found to be valid by the PRB.
Patent marking regulations On March 12, 2012, SIPO published new Patent Marking Regulations
www.worldipreview.com
which became effective on May 1, 2012. Te new regulations replaced the previous ones which were published on May 30, 2003.
Te regulations require that patent marking must be made in Chinese language (simplified Chinese for mainland China). Te patent marking can be made on the product, its packaging or the product manual.
Specifically, for granted patents, marking should be in Chinese language corresponding to the Chinese invention patent/Chinese utility model patent/Chinese design patent, and the patent number. Te new regulations also prescribe that in addition to the above content, additional text and graphic identifications can be added, but the additional text and graphic identifications and marking must not mislead the public.
For pending patent applications, markings should be made in Chinese language indicating the type of patent application (invention, utility model or design) and patent application number (not publication
World Intellectual Property Review e-Digest 2013 51
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