Category of IP right | Type of limitation | Description | Relevant regulation |
|---|---|---|---|
Patents/Utility models/Designs | Prior user rights: | Any person that has already manufactured identical products before the date of patent application, or used identical method or has made necessary preparations for the manufacture or use and continues to manufacture the products or use the method within the original scope. | Patent Law of the People's Republic of China, Article 69 part 2 |
Patents/Utility models | !!! Patents/Utility models/Designs - The following acts shall not be regarded as patent infringement: | Any person may use the relevant patent specially for the purpose of scientific research and experimentation; Any person may produce, use, or import patented drugs or patented medical apparatus and instruments, for the purpose of providing information required for administrative examination and approval, or produce or any other person imports patented drugs or patented medical apparatus and instruments especially for that person. | Article 69 parts 4 and 5 |
Industrial Designs | !!! Patents/Utility models/Designs - Innocent infringement: | Where any person, for the purpose of production and business operation, uses, offers to sell or sells a patent-infringing product without knowing that such product is produced and sold without permission of the patentee, he shall not be liable for compensation provided that the legitimate source of the product can be proved. | Article 70 |
Topographies of Semiconductor Products | |||
Trade Marks | Innocent infringement: | Where a person unknowingly sells goods which represent an infringement upon another person's exclusive right to the use of a registered trademark but can prove that they are obtained by himself lawfully and can identify the supplier, he shall not bear the liability to pay compensation. | Trademark Law of the People's Republic of China, Article 56 (3) |
Copyright | In the following cases, a work may be used without permission from, and without payment of remuneration to, the copyright owner: | Use of another person’s published work for purposes of the user’s own personal study, research or appreciation; Appropriate quotation from another person’s published work for the purpose of introducing or commenting a certain work, or explaining a certain point; Unavoidable inclusion or quotation of a published work in the media, such as in a newspaper, periodical and radio and television program, for the purpose of reporting current events; Publishing or rebroadcasting by the media of an article published by another newspaper or periodical, or broadcast by another radio station or television station, etc. on current political, economic or religious topics; of a speech delivered at a public gathering; Translation, or reproduction in a small quantity of copies of a published work by teachers or scientific researchers for use in classroom teaching or scientific research; Use of a published work by a State organ to a justifiable extent for the purpose of fulfilling its official duties; Reproduction of a work in its collections by a library, archive, memorial hall, museum, art gallery, etc. for the purpose of display, or preservation of a copy, of the work; Gratuitous live performance of a published work, for which no fees are charged to the public, nor payments are made to the performers; Copying, drawing, photographing or video-recording of a work of art put up or displayed in an outdoor public place; Translation of a published work of a Chinese citizen, legal entity or other organization from Han language into minority nationality languages for publication and distribution in the country; Transliteration of a published work i | Copyright Law of the People’s Republic of China, Article 22 |
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