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China patent protection

The patent laws of China has been changed and, as a result, more litigation is expected to be initiated by inventors in civil and labour disputes. Foreign invested companies have to negotiate their contract with their employees to mitigate the risk of litigation.

In the full article (follow the link at the end) there is a relatively briefly present the Interpretation of the Implementation Rules that analyzes the new elements they brought to the PRC patent regime.
New legislation was promulgated recently, following the recent revision of the PRC Patent Law. "Matching rules" will affect the initiative of patent right holders in patent infringement actions in China. 

More litigation is expected to be initiated by inventors in civil and labor disputes. 

Foreign invested companies have to negotiate their contract with their employees to mitigate the risk of litigation.

Most of the guidelines in the Interpretation have already been widely implemented in practice in the past. 
 
The main consequence of the clarifications on compulsory licence is probably to give the Chinese government further bargaining power prior or during negotiation with the patent right holder on the exploitation of its rights and to encourage generic companies to apply for grant of a compulsory licence.
 
Mondaq reprinted this article from Law-Now, CMS Cameron McKenna’s free online information service.

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