This is an update on the 3rd China-Singapore IP Conference “Taking My IP To China” that was held on 27 Nov 2008 at Novotel Clarke Quay, Singapore.
A few points to take note that was highlighted in the conference that I think may be relevant to inventors out there…
- In term of IP enforcement, China SIPO (State Intellectual Property Office) have made some major amendment. I’ll try to keep it short and as “Layman” as possible.
If there is an infringement of patent, patent owner can now proceed with custom protection.
What this mean is that the patent owner can submit a request to China custom to investigate goods that may infringe Patent rights. China custom will then detain the goods involved. But patent owner must make official request to sue within 15 days.
. - Amendment was made to China IP such that if there is an offer of sale (Without proper IP license), the person offering the sale can now be sue even if there is no transaction. Previously, if there no transaction, suing may not be possible.
. - There are 3 types of Patent in China. They are named as “Invention”, “Utility Model” and “Design”.
“Invention” (??? refer to invention that offer technical solution, protection 20 years.
“Utility Model” ??????refer to invention that offer technical solution relating to shape or structure change or combination, protection 10 years.
“Design” ??????refer to shapes or pattern that creates an aesthetic feeling, protection 10 years.
Note: The above bullet points are based on my understanding at the point of the conference. You should seek clarification from official authority for actual details. Sida members can check out the official material from the conference during any of our meeting.