Comments to the NPC on the Amendments to the Patent Law (Second Draft for Review)

2020-08-16 | Beijing, Shanghai

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 authorization applicants and drug patentees, and extensions of term in relation to pharmaceutical patents, with the aim of encouraging drug innovation and creation. These changes to the current patent law are encouraging. However, some issues require further discussion and clarification. We hope that in the subsequent revision of the Patent Law, as well as the formulation and revision of lower-level regulations and related regulations, the government shall develop an efficient and effective legal system that encourages pharmaceutical innovation and strengthens the protection of intellectual property rights.