Notice of CNIPA Printing and Distributing the Provisions on the Participation of Technical Investigators in Administrative Adjudication of Patent and Integrated Circuit Layout Design Infringement Disputes (Interim)

Recently, CNIPA issued a notice on the Provisions on the Participation of Technical Investigators in Administrative Adjudication of Patent and Integrated Circuit Layout Design Infringement Disputes (Interim) (hereinafter referred to as Provisions). This regulation shall come into effect on the date of promulgation.

Most patent and integrated circuit layout design infringement dispute cases are difficult and complex with professional and technical challenges, involving a wide range of fields, and there are a large number of technical facts that need to be identified. Consultation of experts or technical appraisal outsourcing are urgently needed in the practice of judicial trial, administrative law enforcement, administrative adjudication, arbitration and mediation to assist judges in ascertaining technical facts. In the field of intellectual property administrative protection, when handling administrative adjudication cases of patent infringement disputes, some local intellectual property management departments have actively explored the introduction of technical investigators in order to better identify and ascertain technical facts.

There are 20 articles in the Provisions, which respectively stipulate the scope of application, the role and responsibilities of technical investigators, the scope of selection, management methods, and implementation dates.

Reply of the Supreme People's Court's on the Issue concerning the Defendant's Request for Compensation for Reasonable Expenses on the Grounds of the Plaintiff's Abuse of Rights in Intellectual Property Infringement Lawsuits.