Patent Law in China
China's patent law has been in force since 1984, and China has been a member of the World Intellectual Property Organization (WIPO) since 1980. The patent law is comprehensive and reflects international intellectual property norms as laid out in WIPO agreements. However, patent violations, as well as other intellectual property right violations, are extremely common in China.
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History
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The Open Door Policy, which ended Chinese isolationism, required China to begin recognizing intellectual property rights. In 1980, China joined WIPO and established a patent office, even though there was no patent law until 1984. The patent law has been amended several times to keep in line with WIPO agreements and other international intellectual property right norms.
Patents
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Chinese patent law reflects many of the norms established in the European Patent Convention. China recognizes and protects three types of "invention-creations:" industrial designs, utility models and inventions. Invention-creatiors must prove novelty and a practical industrial application to be awarded a patent.
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Amendments
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The Patent Law was amended in 1992 to better reflect international norms, clarify certain clauses and capitulate to Western demands in certain areas. In the original law, pharmaceutical, food and chemical products were excluded, but pressure from Western countries, especially the United States, resulted in their inclusion following the 1992 amendments. The amendments also extended the term of patents and clarified that priority would be resolved according to European standards.
Rights
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A patent grants exclusive rights to the patent holder to manufacture, sell and use a patented product or process. Any third party must obtain a license from the patent holder before it can benefit from the patented product or process. Furthermore, only the patent holder can legally import a product or benefit from a product made through a patented process.
Issues
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Patent violations (as well as other intellectual property right violations, such as trademark and copyright violations) are rampant in China. In the past 10 years, the Chinese government has passed numerous and comprehensive laws targeting violators and strengthening protections for patent holders, but infringement continues to be the norm.
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References
- Photo Credit china image by Luisafer from Fotolia.com
