The CNIPA stated in its reply to Zhejiang Provincial Intellectual Property Office that as provided in Article 67 of the Patent Law of the People's Republic of China, "In patent infringement disputes, if the accused infringer can prove that the technology or design implemented by the petitioner belongs to the prior art or design, its act will not be deemed as infringement. It is also provided that the accused infringer is the subject of the existing design defense right, and if the accused infringer does not bring forward the defense claim, the patent management department shall not take the initiative to handle the existing design defense. The petitioner is not the subject of providing the existing design evidence, and thus the patent evaluation report provided by the petitioner cannot be directly used as the evidence of the existing design defense in patent infringement cases.
The major tasks of the pilot work are to enhance the system innovation for protecting business secrets, improve the business secret protection mechanisms, strengthen the regulatory enforcement towards business secrets, and advance the service security system of business secret protection, to seek conformity to the high-quality international economic and trade rules, and create a good business secret protection atmosphere.
According to the pilot program issued by the State Administration for Market Regulation, the innovation pilot work is carried out in cities and counties (districts). Through applications of local governments and evaluation by the State Administration for Market Regulation, 15-20 regions will be enrolled into the first batch, and a three-year pilot program will be started in July 2022.