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Title: Problems of Enforcement of Patent Law in China and its Ongoing Fourth Amendment
Authors: Zhan, Ying
Keywords: China;Patent law enforcement;Intellectual property rights;Patent law amendment
Issue Date: Jul-2014
Publisher: NISCAIR-CSIR, India
Abstract: Enforcement of patent law has been a bone of contention not only in the western countries but within China too and most agree that the principal issue has more to do with inadequate enforcement rather than the legislation itself. While the developed countries are more critical of China, other international organizations and scholars from developing countries have different views. Chinese legislators believe that the major problems in China’s patent enforcement are ‘difficult evidence rules, long cycle length, high cost, low compensation, and poor result’. In fact, the root causes of these problems are China’s low level of economic development and the rule of law, as well as the Chinese traditional culture. To solve those problems, China started the fourth amendment to its Patent Law in November 2011. If the amendment is approved, together with other fundamental reforms, China’s patent enforcement is expected to improve gradually.
Page(s): 266-271
ISSN: 0975-1076 (Online); 0971-7544 (Print)
Appears in Collections:JIPR Vol.19(4) [July 2014]

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