The latest draft amendments to the Chinese Patent Law have been approved at the executive meeting of the State Council of China presided over by Chinese Premier Li Keqiang on 5 December 2018.

 

These latest draft amendments provide for substantial increase of the monetary compensation for patent infringement and patent passing off; improve the existing burden of proof for damages calculation by requesting the infringer to provide evidence related to the alleged infringing act where the right owner has exhausted every means to provide the evidence; impose joint liabilities on the Internet Service Provider (ISP) where the ISP fails to deter relevant online infringing acts within reasonable time; and introduce an open licensing system.

 

In addition, the draft amendments also mention an incentive mechanism which may be adopted by an entity to share innovation benefits with the inventor or designer of a service invention.

 

As decided at the executive meeting, the draft amendments will be submitted to the Standing Committee of the National People's Congress for further deliberation.