24 May 2021
Welcome to the first of Rouse’s intellectual property law podcasts. Doug Clark, Rouse’s Global Head of Dispute Resolution and author of Patent Litigation in China talks about amendments to the Chinese Patent Law that will take effect from 1 June 2021.
Doug will discuss the main amendments to the law; changes in protection for pharmaceuticals and how they fit in with recent developments in patent litigation in China.
The key amendments are:
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Design patents: term extended to 15 years from 10 years and partial designs allowed
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Statutory damages increased to 5 million – in line with the new Trademark and Copyright laws
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Punitive damages introduced – up to 5 times the damages awarded
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Limitation period now 3 years – matches the new Civil Code
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Changes to rules regarding evidence making it easier to prove cases
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New provision regarding patent abuse – to be dealt with as part of Anti-Monopoly Law
The changes to the protection for pharmaceuticals include:
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Patent term extensions to be allowed
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Patent linkage system is to be introduced.
The changes fit in with the many improvements in the system including
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Establishment of IP Courts and Tribunals in 2014
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Establishment of the SPC IP Chamber in 2019
Doug tells us that he can say for sure we will see a lot more patent litigation in China in coming years.
Arbitration is also the preferred method of dispute resolution for cases involving China because foreign judgments are not enforceable there. While the Chinese courts are an option – and despite the substantial improvement in the Chinese IP litigation system – many parties prefer to arbitrate dispute rather than litigate.
The COVID-19 pandemic has seen intense cooperation efforts in the pharmaceutical and life sciences areas as well as significant leaps in the development and use of technology, all of which may in the longer term lead to disputes over the scope and terms of the cooperation agreements and rights to inventions and other developments.
Rouse’s Global Head of Dispute Resolution, Doug Clark, will talk about how he sees the future of IP dispute resolution in Asia, focussing on China, as well as the various options for arbitration IP disputes in Asia. In doing so he will discuss key issues that have arisen in recent arbitration disputes he has handled both as an arbitrator and as counsel.
Global Head of Dispute Resolution, Rouse
dclark@rouse.com
