10-25-2011

Remanufacturing in China to end?
November 3, 2011

A change in Chinese patent law from first-sale doctrine may severely impact future remanufacturing in the region, with remanufacturers meeting today to discuss the issue.
A source told The Recycler that the focus of the meeting discusses that first-sale doctrine does not apply to Chinese patent law, and thusly may render all remanufacturing in Zhuhai illegal regardless of the origin of the product.

OEMs have also argued that the “remanufacture (or re-construction) of patented products after their useable lifespan” is also protected by patent law, and may not be remanufactured for sale.

The meeting was organised to discuss the current situation regarding patent law and the developments proposed by Beijing’s National Government.

The meeting focused on 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.

However, the manufacturing of clones remains unaffected by the outcome or by first-sale doctrine.

Remanufacturers in Zhuhai intend to challenge the High Court decision before approval, and will be represented by the Zhuhai Printing Consumable Industry Association.

What do you think about the implications of this law change? Let us know in the comments below.

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10-25-2011