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Law changes may impact Chinese remanufacturing

Law changes may impact Chinese remanufacturing

November 2, 2011

A change in Chinese patent law from first-sale doctrine may impact future remanufacturing in the region, with remanufacturers meeting to discuss the issue.

Cartridge remanufacturers in Zhuhai are meeting en-masse on 3 November to discuss the current situation regarding patent law and developments proposed by Beijing’s National Government.

The meeting is believed to focus around first-sale doctrine, which allows a purchaser to sell, lend or give away a lawfully made copy of a copyrighted work without permission once it has been obtained. This means the copyright holder’s rights to control the change of ownership of a particular copy ends as ownership has been passed to someone else.

The doctrine is also referred to as the right of first sale, first sale rule or exhaustion rule. The law changes may have significant consequences for the remanufacturing of cartridges in Zhuhai, as cartridges that had been previously purchased new would still be covered by patent law, and so the remanufacture would infringe patents.

The meeting between the remanufacturers aims to try and form a response to the move.

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