07 June 2016
Shanghai
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 could establish appellate IP court
15 May 2017 | Chengdu | Reporter: Barney Dixon
The court would be modelled on the US Court of Appeals for the Federal Circuit and cover mainly technology-related issues
IPO Pakistan and SIPO agree to MOU
23 March 2017 | Islamabad | Reporter: Barney Dixon
The deal will ensure high levels of cooperation in patent examination
China dominates 2016 PCT applications
15 March 2017 | Geneva | Reporter: Mark Dugdale
Chinese companies are continuing their onward march in dominating patent applications, with ZTE Corporation ranking as the biggest filer of international applications in 2016
Apple hits Qualcomm in China
26 January 2017 | Beijing | Reporter: Barney Dixon
Smartphone maker Apple has taken Qualcomm to court in China following the filing of its near $1 billion lawsuit in the US...
IP5 PPH programme extended
20 January 2017 | Beijing | Reporter: Barney Dixon
The IP5 Patent Prosecution Highway (PPH) programme has been extended for a further three years...
China has an IP plan
16 January 2017 | Beijing | Reporter: Mark Dugdale
China has issued a new five-year plan on the protection and application of intellectual property rights...
Australian patent system grants exclusivity ‘too readily’
05 January 2017 | Canberra | Reporter: Barney Dixon
The Australian patent system grants exclusivity too readily, according to a final report from the government’s productivity commission...