Amendments in a new draft of the revised Patent Law focuses on increased protection, patent commercialization and administrative services, said a senior official at the State Intellectual Property Office (SIPO).
The new draft was based on the version sent to the State Council in early 2013 for approval and it was released on April 1 to solicit opinions. The new draft addresses challenges in legal protection, such as difficulties in collecting evidence, insufficient compensation and high costs, Song Jianhua, director of SIPO's Law and Treaty Department, said at an IP forum on April 20.
Courts can order suspects to provide financial records and other evidence if rights owners have already made unsuccessful efforts to access them, according to the draft.
"We also suggested punitive damages, about two to three times compensation, in the case of malicious infringements," Song said.
The amended draft also has added regulations about online counterfeit cases. Amid a period of booming e-commerce, Internet service providers need to shoulder obligations to prevent and control illegal dealings online, she said.
He also said he supported the addition of the administrative services section in the draft that detailed what the related authorities' responsibilities are.
Related administrative departments should provide basic patent documentation and data, which is valuable to industries and helps improve innovation, Yan said.
Song said by providing documentation and data the concept of "rule by law" would be promoted and would help build a service-oriented government.
The new draft was based on the version sent to the State Council in early 2013 for approval and it was released on April 1 to solicit opinions. The new draft addresses challenges in legal protection, such as difficulties in collecting evidence, insufficient compensation and high costs, Song Jianhua, director of SIPO's Law and Treaty Department, said at an IP forum on April 20.
Courts can order suspects to provide financial records and other evidence if rights owners have already made unsuccessful efforts to access them, according to the draft.
"We also suggested punitive damages, about two to three times compensation, in the case of malicious infringements," Song said.
The amended draft also has added regulations about online counterfeit cases. Amid a period of booming e-commerce, Internet service providers need to shoulder obligations to prevent and control illegal dealings online, she said.
He also said he supported the addition of the administrative services section in the draft that detailed what the related authorities' responsibilities are.
Related administrative departments should provide basic patent documentation and data, which is valuable to industries and helps improve innovation, Yan said.
Song said by providing documentation and data the concept of "rule by law" would be promoted and would help build a service-oriented government.
Zhu said the distinction between administrative services and commercial operations should be made clear and that "public services cannot overstep the boundary to replace market businesses".
