China Justice Observer

中司观察

EnglishArabicChinese (Simplified)DutchFrenchGermanHindiItalianJapaneseKoreanPortugueseRussianSpanishSwedishHebrewIndonesianVietnameseThaiTurkishMalay

CNIPA to Regulate Major Patent Infringement Disputes

Sat, 24 Apr 2021
Categories: China Legal Trends

On 2 Mar. 2021, China National Intellectual Property Administration (CNIPA) issued the Measures for Administrative Adjudication of Major Patent Infringement Disputes (Draft for Comments) (the Measures, 重大专利侵权纠纷行政裁决办法(征求意见稿)) for public comment until 2 Apr. 2021.

Major patent infringement disputes referred to in the Measures include the following four types: (1) cases involving major public interests; (2) cases that have a significant impact on the development of the industry; (3) major cases across provinces, autonomous regions and municipalities directly under the Central Government; or (4) other major cases that shall be administratively adjudicated by the CNIPA.

There are 25 articles in the Measures, which stipulate the filing, investigation, inspection and appraisal of major patent infringement disputes conducted by the CNIPA, suspension and revocation of cases, mediation, time limit for handling cases, and other issues. The Measures will come into force on 1 Jun. 2021.

Contributors: CJO Staff Contributors Team

Save as PDF

You might also like

China Designates Beijing Court for ICSID Arbitral Awards

China has officially designated the Beijing No. 4 Intermediate People's Court to handle the recognition and enforcement of ICSID awards, filling a long-standing procedural gap and advancing its restrictive immunity framework.

PRC Double Interest neither Double nor Penal, Australian Courts Clear Its Name When Enforcing Chinese Judgments

Recent Australian case law clarifies that the “double interest” mechanism in the People’s Republic of China (PRC) monetary judgments functions as a compensatory post-judgment interest framework rather than an unenforceable penalty. This consolidates Australia’s position as a highly attractive and creditor-friendly forum for enforcing Chinese judgments. See Zhengzhou Lvdu Real Estate Group Co v Shu [2024] NSWSC 58 (6 February 2024), Fu v Pang [2025] VSC 597 (16 September 2025)