Stop Copyists From Undercutting Your Innovation - Foley & Lardner ...

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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 7 8 4
Third Amendment: Article 1 “[T]his law is enacted in order to protect the legitimate rights of patentees, encourage invention-creations, promote the application of invention-creation, enhance innovative capacity and promote scientific progress and economic social development.” ©2009 Foley & Lardner LLP Overview of Changes Enacted By The Third Amendment First filing in China: confidentiality review Changes to patentability standards: “absolute novelty” Patent Enforcement Considerations – Prior art defense codified – Patent infringement exemptions International patent exhaustion Regulatory exemption – Infringement damages: increased penalties available ©2009 Foley & Lardner LLP 9 10 5
Page 1 and 2: ©2009 Foley & Lardner LLP ©2009 F
Page 3: Overview of The Third Amendment to
Page 7 and 8: Foreign Filing/Confidentiality Revi
Page 9 and 10: Regulatory Exemption For Infringeme
Page 11 and 12: Patent Co-Owners’ Rights For a c
Page 13 and 14: Inventor Remuneration Invention an
Page 15 and 16: Design Patent Changes Heightened p
Page 17 and 18: The Dual-Track Enforcement System
Page 19 and 20: Damages Chint (China) v. Schneider
Page 21 and 22: Chint - China’s IP Wisdom? (cont.
Page 23 and 24: Doctrine of Equivalents, Claim Cons
Page 25 and 26: Dongfang v. Jinling (cont.) The Ju
Page 27 and 28: 一、中国大陆专利商标代
Page 29 and 30: 一、中国大陆专利商标代
Page 31 and 32: 二、中国大陆知识产权服
Page 33 and 34: 三、中国大陆的一些专利
Page 35 and 36: 三、中国大陆的一些专利
Page 37 and 38: 五、专利无效与侵权诉讼
Page 39 and 40: 五、专利无效与侵权诉讼

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