The Need for A Stronger PCT
by Bruce A. Lehman
President, International Intellectual Property Institute
Washington, D.C.
Presented to the Conference on the International Patent System
World Intellectual Property Organization
Geneva, 2002/03/27
There are many reasons as to why the global patent system has reached a state of crisis, but is there a solution? Bruce Lehman, President of the International Intellectual Property Institute discusses the issues that have lead up to the current crisis and how the creation of an cooperative global virtual patent search/examination and prosecution authority under the auspices of WIPO could help to create a more equitable and inexpensive patent system that would draw on the resources of many countries and help to level out the playing field for innovators from all countries.
© Bruce A. Lehman 2002
The Latest Amendments to the Chinese Patent Law - A Comparative Study of the Patent Law with the TRIPS Agreement
2001/10/17
The Patent Law of the People's Republic of China was first promulgated on March 12, 1984 and has seen two subsequent amendments; the first in 1992 and the second in 2000, which became effective on July 1, 2001. In this paper, the latest major developments in Chinese Patent Law are analyzed in the light of the TRIPS Agreement. The discussion is divided into 11 sections: (1) Scope of Protection; (2) Rights Conferred; (3) Exceptions to the Rights Conferred; (4) Term of Protection; (5) Burden of Proof; (6) Rationalization of Procedures; (7) Preliminary Injunction; (8) Statutory Damages; (9) Innocent Infringement; (10) Administrative Measures; and (11) Judicial Review. As a conclusion, the article points out that China's progress in this field has been internationally noteworthy and that, despite the fact that a number of improvements are still needed including the need to address contributory or indirect infringement, China has put in place a transparent, fair and open patent system fully compatible with international practice.
