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Supreme Court Interpretation on Hearing Patent Right Infringement Disputes - 最高人民法院关于审理侵犯专利权纠纷案件应用法律若干问题的解释

February 1, 2010

Released and effective on December 21, 2009

On December 28, 2009, the Supreme People's Court (SPC) released a judicial interpretation on the application of law to patent right infringement cases. The major concerns that are involved in this interpretation include: determination of the protection scope for invention and utility model patents, principles to establish patent infringement and appearance design patent infringement, application to existing technologies defense and the defense of prior use, confirmation of the admissibility of non-infringement lawsuits and so on.

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