After being amended by the State Intellectual Property Office (SIPO), Measures for Administrative Law Enforcement in Connection with Patents came into effect from July 1, 2015.

The amended Measures for Administrative Law Enforcement in Connection with Patents is divided into 53 articles in seven chapters, comprising general provisions, handling of patent infringement disputes, mediation of patent disputes, investigation and treatment of acts of counterfeiting patents, investigation and collection of evidence, legal liabilities and supplementary provisions. Therein, Article 1 is amended into: For the purpose of thoroughly promoting law-based administration, regulating patent administrative law enforcement acts, protecting the legitimate rights and interests of patent holders and the general public and maintaining the order of the socialist market economy, these Measures are formulated in accordance with the Patent Law of the People's Republic of China, the Detailed Rules for the Implementation of the Patent Law of the People's Republic of China and other relevant laws and regulations.

Another article is added as Article 8, which provides that: “A patent administrative department shall strengthen administrative enforcement in the field of exhibition and electronic commerce, quickly mediate and handle patent infringement disputes that arise during an exhibition and on an electronic commerce platform, and timely investigate and deal with the counterfeiting of patents.” The original Article 41 is changed to Article 43, in which a subparagraph 6 is added, providing that: “It shall order the infringing participants of an exhibition to adopt measures of withdrawal from the exhibition, including withdraw the infringing exhibits, destroy or seal up corresponding publicity materials, and change or cover corresponding panels.” Moreover, one additional paragraph is added as paragraph 2, providing that: “Where a patent administrative department makes a decision that a patent infringement act on an e-commerce platform is established, it shall notify the provider of the e-commerce platform to timely adopt the measures of deleting, shielding or breaking links to relevant webpages of the patent infringing products or infringing products which are obtained through the patent approach.” The original Article 44 is changed to Article 46, and amended into: “Where a patent administrative department makes a decision that a patent infringement act is established and the infringer must immediately stop the infringing act, or determines the establishment of an act of passing off patent and makes a punishment decision, it shall make an announcement within 20 working days since the date of deciding, and timely release the enforcement information through such channels as the governmental website.”
　　
It is reported that to better adapt to the requirement of new circumstances, SIPO decided to amend the Measures for Administrative Law Enforcement in Connection with Patents, which was issued on December 17, 2001 and amended on December 29, 2010. After being examined and approved by the bureau meeting, the Decision on Amending the Measures for Administrative Law Enforcement in Connection with Patents of SIPO was published on May 29, 2015.

Date: July 3, 2015
Source: State Intellectual Property Office of China