07 June 2016
Reporter: Mark Dugdale

SIPO clarifies joint liability in administrative proceedings

China’s State Intellectual Property Office (SIPO) has clarified that original equipment manufacturers (OEMs) and commissioning parties can be held jointly liable for patent infringement in administrative proceedings.

SIPO has issued Guidelines for the Determination of Patent Infringements (for Trial Implementation), which took effect in May, in a bid to clarify certain issues, including infringement liability during administrative proceedings, which local IP offices can institute. Local IP offices have the power to order infringers to stop infringing and issue fines.

But different local IP offices have issued conflicting guidance on certain issues, including the potential liability of OEMs and those that commission them to manufacture products, according to April Chu, associate in Shanghai at CMS China.

According to Chu, the guidelines confirmed that the OEM “infringes the patent right of the patent owner regardless of whether these infringing products are exported abroad or sold in China”.

She added: “The guidelines make it clear that although the commissioning party does not directly produce infringing products, its act of entrusting the OEM to produce such products also constitutes a ‘production activity’ under [China’s] Patent Law. Therefore, the commissioning party and the OEM shall be jointly liable for patent infringement.”

“The above stipulation aims at strengthening the protection of patent rights in [China] since it can prevent Chinese infringers from making use of the OEM model to avoid their liabilities for patent infringement.”

More Asia news
The latest news from IPPro Patents
Join Our Newsletter

Sign up today and never
miss the latest news or an issue again

Subscribe now
China world’s top patent filer in 2016
07 December 2017 | Geneva | Reporter: Barney Dixon
China has emerged as the top patent filer in the world, accounting for nearly all of the 8 percent growth in patent applications in 2016
China to bolster IP rights protection mechanisms
27 November 2017 | Beijing | Reporter: Barney Dixon
China will ramp up its intellectual property rights protection mechanisms to promote economic development, according to the country’s premier Li Keqiang
EPO and SIPO strengthen bonds
23 November 2017 | Zhengzhou | Reporter: Barney Dixon
The European Patent Office and China’s State Intellectual Property Office have renewed their strategic partnership
MediaTek partners with Anaqua
20 November 2017 | Boston | Reporter: Barney Dixon
Taiwanese semiconductor company MediaTek has selected Anaqua to manage its intellectual property activities, including its inventions and patents
Brazil and China sign PPH agreement
17 November 2017 | Beijing | Reporter: Barney Dixon
The State Intellectual Property Office of China has signed a patent prosecution highway agreement with the Brazilian National Institution of Intellectual Property
Novagraaf and Mitsui partner to expand Japanese presence
30 October 2017 | Tokyo | Reporter: Barney Dixon
Intellectual property consultancy Novagraaf has partnered with Mitsui to further its reach in Japanese markets
Qualcomm hit with $775 million fine in Taiwan
13 October 2017 | Taipei | Reporter: Barney Dixon
Qualcomm has been hit with a $775 million fine, after the Taiwan Fair Trade Commission found that the chipmaker had abused its position in the baseband chip market