released November 3, 2020
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People who violate patents will face higher fines, according to a draft revision to China’s patent law.
The draft, submitted to the Standing Committee of the National People’s Congress, China’s top legislature, for the first review on Sunday, aims to strengthen the protection of intellectual property rights and encourage innovations by IP holders.
In the draft, the fine range for violators is raised from a minimum of 100,000 yuan ($14,490) to 5 million yuan when the loss to patent holders, and the benefits gained by violators, cannot be determined. The current range is from 10,000 yuan to 1 million yuan.
Courts can take evidence provided by patent holders as a reference to calculate the amount of fines if violators do not offer or offer fake materials, the draft said.
It also asks patent-related governmental departments to set up systems to offer patent information and data to further improve patent applications.
It is the fourth revision to the patent law since 1984, with the latest amendment in 2008.
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