On 25th, October of 2015,the 37th lecture of private law and intellectual Property jointly organized by Research Center of International Intellectual Property of Peking University and Research Base of National Intellectual Property Strategy Implementation (PKU) was held successfully in moot court of KoGuan Building in Peking University.The Speaker was Director Yang Hongju from State Intellectual Property Office of the PRC, the reviewer was Professor Liu Yinliang from Peking University Law School, and the host was Professor Yi Jiming from Peking University Law School. The theme of the lecture was “ The latest progress and analysis of relative problems about modification of Patent Law”.

Director Yang shared her opinion about law and the legislative intent at the beginning. Then she gave the lecture in four parts. Firstly, Director Yang pointed out the necessity of the modification of Patent Law. Then, she introduced the two phases of the modification. After that, Director Yang introduced the guiding ideology of the modification. Lastly, she analyzed the main content of the modification, including increasing the protection of patent, preceding the implementation of patent, and improving the censorship of patent.

In Q&A section, Director Yang shared her opinion about the query to ability of patent law enforcement agencies. She divided the objection opinions into theoreticalaspect and practical aspect. As to practical aspect, the most prominent problem was about the enforcement ability of administrative agencies. Considering past and present situations, those agencies needed to adjust measures to local conditions.

After the Q&A section, other guests attended the lecture shared their comments. Professor Liu Yinliang pointed out that, currently, administrative agencies predominated the modification, but this also brought problems. The work might be too onerous to those agencies, and the pattern of the modification could be inefficient. Besides, the evaluation of the modification still needed research. Professor Yijiming gave his credit to the modification, but he thought there was still possibility to make progress. The lecture ended at 9:00.

Introduction:

In April, 2015, Draft Amendment of Patent Law (draft), presided over by State Intellectual Property Office, was formally announced, asking foropinions from the society. The motivation of modification is closely related to international situation, which is not only to attract technology investment, but also to tolerate the stress from intellectual property-well-developed countries like U.S.. The reason why frequency of modification of Patent Law is raised is that our country needs to finish the transition to an “innovation driven development” country as soon as possible. The 4th modification of Patent Law aims to solve a series of actual problems, including the orientation of protected object, cost in safeguarding the rights and interests, compensation volume, administrative disposal, law enforcement, and burden of proof. To promote the communication over the modification, we invited Yang Hongju, the director of State Intellectual Property Office, to give some opinions, hoping to make some contribution to the progress of patentsystem of our country.

Director Yang Hongju, the speaker

Professor Liu Yinliang, making comments

Professor Yi Jiming, making summary

The lecture attracted a lot of students

Translated by: Wu Tong
Edited by: Deng Bowen