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The State Intellectual Property Office concluded the first batch of major patent infringement dispute administrative adjudication cases
Release Time：
2022-08-05
On June 1, 2021, the revised Patent Law was officially implemented, giving the State Intellectual Property Office the authority to handle patent infringement disputes with significant impact across the country at the request of patent holders or interested parties. Recently, the State Intellectual Property Office concluded the first batch of two major administrative adjudication cases on patent infringement disputes, ruling on whether the respondent infringed the ZL201510299950.
On June 1, 2021, the revised Patent Law was officially implemented, giving the State Intellectual Property Office the authority to handle patent infringement disputes with significant impact across the country at the request of patent holders or interested parties.Recently, the State Intellectual Property Office concluded the first batch of two major administrative adjudication cases on patent infringement disputes, ruling on whether the respondent infringed the ZL201510299950.
The first batch of cases were heard around controversial issues such as the conditions for accepting major patent infringement disputes, whether the respondent's drug listing behavior in multiple provinces (autonomous regions and municipalities) was a promise for sale, and whether it was an exception to infringement stipulated in the patent law. , the ruling was made within the legal time limit.
In the next step, the State Intellectual Property Office will conscientiously implement the decisions and arrangements of the Party Central Committee and the State Council on comprehensively strengthening intellectual property protection, perform its duties in accordance with the law, and handle administrative adjudication cases of patent disputes that have significant impact across the country in accordance with the relevant provisions of the Patent Law, and fully Give full play to the advantages of professionalism and speed in administrative adjudication, effectively maintain the market order of fair competition, and protect the legitimate rights and interests of patent holders and the public. (Cai Jianwei)
Appendix:
1. Administrative ruling on major patent infringement disputes (Guozhibaocaizi [2021] No. 1)
2. Administrative ruling on major patent infringement disputes (Guozhibaocaizi [2021] No. 2)
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