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09 dicembre 2008

The new Chinese Patent Law is coming

After a protracted period of exceptional economic growth and the consequent structural transformations, the Chinese demand is now shifting in the direction of high quality goods, advanced production technologies and brand-name awareness. From these assumptions stems the third revision of the Patent Law, whose final draft amendments where submitted by the State Council Legislative Affairs Office (SCLAO) to the Standing Committee of the National People’s Congress (NPC) for review and final enactment . The new Patent Law is expected to come in force at the beginning of next year.

Among the substantial modifications endorsed in the new body of law it is to be mentioned the improvements relatee to the implementation of the absolute novelty requirement, Article 15 which establishes the parameters for the exploitation of co-owned rights, not covered by the previous laws, the mandatory procedure for filing in a foreign country an application for a patent for an invention-creation that is completed in China, the protection of genetic resources (GR) and traditional knowledge (TK), the rules for the protection of design rights an a set of measures for the enforcement of the patent rights.

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