The State Intellectual Property Office (“SIPO”) has recently released a draft to amend the PRC Patent Law, for public comments. The Draft intends to modify the term of a design patent from 10 years provided in the Patent Law to 15 years. The Draft also clarifies the legal liability for network service providers: where a network service provider knows or should know that any network user has infringed a patent by using its network services but fails to stop it by taking immediate and necessary measures including deleting, screening or disconnecting the link to the infringing products, the service provider shall bear joint liability with such network user. Where a patent administrative authority believes that any network user has infringed a patent by using any network service, it shall notify the network service provider to stop it by taking necessary measures, and if the service provider fails to take necessary measures in a timely manner, it shall bear joint liability for any extended damage with such network user. – news in cooperation with our corrisponent in China –

– Euroleges ® –