Beijing High Court Issues Guidelines for Determining Patent Infringement
date: 2013-10-17

The Beijing High People's Court has drafted and issued the Guidelines for Determining Patent Infringement (the Guidelines), consisting of 133 articles. The Guidelines provide specific rules and details for the "determination of equivalent features, infringement determination rules involving functional features, and the time for explaining claims and each specific infringement"; in addition, "indirect infringement" is added to "joint infringement", different types of infringement defences are specified, and the Guidelines provide detailed description of the defences widely used in practice, such as the right of prior use defence and prior art defence.
 

Source: Legal Studio

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