Thepatent examination obligation of internet service providers: From the perspective of discussion on Section 1 & 2 of Article 63 of the new proposal of Patent Law
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    Abstract:

    The new draft revision of China Patent Law has published officially in December,2015.Article 63 of this draft,particularly its Section 1&2,caused extensive concerns.It seems that the problem of whether ISPs have the patent examination obligation has solved,which represents a great progress in the development process of Patent Law.Regrettably,Article 63 imitated Article 36 of the Tort Liability Law directly,making it unable to adjust to the special condition of patent protecting completely.There are still plenty of details need to be fixed.In this article,what the "internet service provider" exactly means,what the limitations of "patent examination obligation" are,and how the "notice-takedown" rule works,are all associated to whether and how ISPs take legal responsibilities,and all these issues need to be considered carefully.

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黄薇君,李晓秋.论网络服务提供者的专利权审查义务——兼评《专利法修订草案(送审稿)》第63条第1、2款[J].重庆大学学报社会科学版,2017,23(4):95~102

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History
  • Received:March 20,2017
  • Revised:
  • Adopted:
  • Online: May 27,2017
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