China’s Focus on Administrative Enforcement a Mixed Bag

Increased administrative enforcement of patent rights may not be the best way to improve China’s patent law, suggested several international groups.

Organizations such as the European Union Chamber of Commerce in China and the American Intellectual Property Lawyers Association have submitted responses to the Chinese government’s request for comments about the newest draft revision to China’s Patent Law.

Though some of the proposed enforcement-related provisions address long-standing complaints such as low damages, there is concern that administrative enforcement mechanisms may result in uneven and conflicting applications of the law.

Broader Administrative Power.

One notable change in the revision is an ...