China’s Patent Law, which lays the foundation for the legal framework of patent laws, was adopted in 1984, and amended three times in 1992, 2000 and 2008. Although the Chinese Patent Law per se has not been changed since 2008, several aspects of the law have already been revised. In December 2018, a draft of the fourth amendment to the Patent Law was approved at the State Council level. In early January 2019, the National People’s Congress (NPC) published the latest draft amendment and issued a public call for comments, which the EU has subsequently responded to.
In order to further the knowledge exchange regarding the Patent Law reform, IP Key organised a study visit for a delegates from Legislative Affair Commission of the Standing Committee of the National People’s Congress (LAC) in Belgium, Denmark and Germany from the 2 to 10 of September, 2019. The visit included representatives of DG TRADE, IP Offices and Courts to discuss on enforcement and liability as laid down in the latest amendment of the law.