Literary Insights on Chinese I/P Enforcement

"Any litigation is like a fire which burns despite innocence." (Chinese proverb)


"The Master [Confucius] said I transmit rather than create." (from the Analects of Confucius)

"Is it necessary for a steel worker to put his name on a steel ingot that he produces in the course of his duty? If not, why should a member of the intelligentsia enjoy the privilige of putting his name on what he produces?" (Chinese saying during the Cultural revolution 1966-1976)

"For any exploitation of the patent, without the authorization of the patentee, constituting an infringing act, the patentee or any interested party may request the administrative authority for patent affairs to handle the matter or may directly institute legal proceedings in the people's court. The administrative authority for patent affairs handling the matter shall have the power to order the infringer to stop the infringing act and to compensate for the damage. Any party dissatisfied may, within three months from the receipt of the notification, institute legal proceedings in the people's court. If such proceedings are not instituted within the time limit and if the order is not complied with, the administrative authority for patent affairs may approach the people's court for compulsory execution." (Article 60 of the Chinese Patent Code)

"Prescription for instituting legal proceedings concerning the infringement of patent right is two years counted from the date on which the patentee or any interested party obtains or should have obtained knowledge of the infringing act." (Article 61 of the Chinese Patent Code)

For more information I/P enforcement in Asia, see Dr. Klaus Hinkelmann's presentation on "Adapting enforcement strategies to local cultures" at the WIPO program on Far East Meets West