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Background &
Legislative History (cont.)
The Second Amendment was enacted in 2000
– Intended to make Patent Law compliant with the
Trade-Related Aspects of Intellectual Property
Rights Agreement (“TRIPS”)
The Third Amendment was approved on
December 27, 2008 and went into effect on
October 1, 2009
The Third Amendment was initiated as part of
PRC national IP strategy
©2009 Foley & Lardner LLP
Background &
Legislative History (cont.)
Designed to promote innovations and
implementation of patented technology
– Changes to substantive requirements for patent
grant
– Included provisions for post-grant enforcement
– Harmonized Chinese Patent Law to international
norms
©2009 Foley & Lardner LLP
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