Tort Liability Law of People's Republic of China (PRC)

Article 2 Whoever infringes upon civil rights and interests shall bear tort liability in accordance with this Law.

The civil rights and interests mentioned in this Law include personal rights and property rights such as the right to life, health, name, reputation, honor, portrait, privacy, marital autonomy, guardianship, ownership, usufructuary right, security right, copyright, patent right, trademark exclusive right, discovery right, stock right and inheritance right.

Article 3 The infringed party has the right to request the infringer to bear the tort liability.

Article 4 Where an infringer should bear administrative or criminal responsibility for the same act, it shall not affect the tort liability according to law.

If the property of the infringer is insufficient to pay for the same act, the infringer shall bear the tort liability first.

Article 5 Where other laws have special provisions on tort liability, such provisions shall prevail.

patent law of the people's republic of china

Article 69 Any of the following circumstances shall not be regarded as infringement of the patent right:

(1) The patentee or a unit or individual licensed by the patentee uses, promises to sell, sells or imports its patented products or products directly obtained by patented methods;

(2) Having manufactured the same product, used the same method or made necessary preparations for its manufacture and use before the patent application date, and continuing to manufacture and use it only within the original scope;

(3) Foreign means of transport temporarily passing through China's territorial waters and airspace use the relevant patents in their devices and equipment for their own needs in accordance with the agreements signed between their countries and China or international treaties to which they are both parties, or on the principle of reciprocity;

(four) the use of relevant patents for scientific research and experiments;

(5) manufacturing, using or importing patented drugs or patented medical devices for the purpose of providing information required for administrative examination and approval, or manufacturing or importing patented drugs or patented medical devices exclusively for them.