Comments on the Amendments to the Patent Law in China


Comments on the Amendments to the Patent Law (the second draft for review)



1.  General Comments 总体评价

We believe that the draft amendments to the Patent Law are generally in line with the trend towards strengthening patent protection. They include provisions extending the scope and term of design patent protection; increasing the amount of statutory damages and adding punitive damages for patent infringement; and reducing the evidentiary burden on patent owners in patent infringement litigation. They also provide for a pharmaceutical patent linkage system dealing with the interests of drug market authorisation applicants and drug patentees, and extensions of term in relation to pharmaceutical patents, with the aim of encouraging drug innovation and creation.



2.  Detailed Comments 具体建议