Article 11 Para. 2 of Patent Law revised in 2008 has supplemented regulation on the right of offering for sale of the patent for design[3], which will come into effect on Oct. 1 this year (Oct. 1, 2009). Upon the new Patent Law takes effect, the court may, directly by reference to Article 11 Para. 2 of Patent Law, give the judgment that the party infringes the patentee''s right of offering for sale of design patent products if he takes such action for production and business purposes without the prior licensing from the patentee.

　　In the case of the infringement upon the right of offering for sale, the plaintiff shall pay attention to the burden of proof if the damages are claimed. Reasonable investigation charges and attorney fees, etc. may be claimed as the foundation of the compensation in the event that the plaintiff fails to prove the business losses; if the plaintiff doesn''t have any evidence to prove that it actually suffered losses, the court generally will not support the plaintiff''s claims of damages. In addition, with the optimization of the our country’s protection system of intellectual property rights, except for the internet advertisements, we generally call clients’ attention to start action taking offering for sale as the cause of action in the event that the patentee fails to investigate the acts of production of patented products by the infringer, which is particularly effective in the suit of design infringement owing to the more and more convert illegal acts of the infringers.