CHINA
White Paper on IPR Protection (full text)
(china.org.cn)
Updated: 2005-04-21 10:32
The State Council Information Office published on April 21, 2005, a white
paper titled New Progress in China's Protection of Intellectual Property
Rights. The nine-chapter report discusses the policies adopted and
actions taken by the government to protect IPR during the past decade.
The last white paper on this topic was published in 1994.
New Progress in China's Protection of Intellectual Property Rights
Foreword
I. Basic Situation of the Protection of Intellectual Property Rights
II. Patent Protection
III. Trademark Protection
IV. Copyright Protection
V. Intellectual Property Rights Protection for Audio and Video Products
VI. Protection of New Varieties of Agricultural and Forestry Plants
VII. Customs Protection of Intellectual Property Rights
VIII. Public Security Organs Act on Criminal Infringement on Intellectual
Property Rights
IX. Judicial Protection of Intellectual Property Rights
Conclusion
Foreword
The intellectual property system is a basic legal system that promotes
mankind's economic development, social progress, scientific and
technological innovation, and cultural prosperity. As science and
technology is developing rapidly worldwide and the pace of economic
globalization is accelerating, the status of the intellectual property
system in economic and social life has reached a historical high. The
protection of intellectual property rights (IPR) has drawn wide attention
of the international community.
China is a country with a long history of civilization. Over the past
several thousand years, vast numbers of outstanding Chinese scientists,
inventors, men of letters and artists have made enormous contributions to
mankind's development and progress with their splendid intellectual
achievements. The Chinese government and people are keenly aware of the
value of inventions, creations, and science and technology.
The IPR protection system was established at a comparatively late date in
China, but has developed rapidly. Major progress has been made in IPR
protection since the late 1970s, when China initiated the reform and
opening-up policies. An IPR system has been gradually established, and is
promoting healthy economic development and overall social progress.
In order to help the international community have a better understanding
of the real situation regarding China's IPR protection and make a proper
judgment, we hereby give a brief introduction to and explanation of
related issues.
I. Basic Situation of the Protection of Intellectual Property Rights
China has always adopted a responsible attitude to actively promoting IPR
protection. While adhering to the international rules on IPR protection,
China has decided on a level of IPR protection appropriate for its own
national situation, and made great efforts to balance the interests among
intellectual property creators, users and the general public, so as to
create a benign circle for the creation and use of intellectual property.
Major progress has been made on IPR protection in China over the past
years thanks to concerted efforts made by people from all walks of life.
- A relatively complete system of laws and regulations that covers a wide
range of subjects and is in line with generally accepted international
rules has been established and keeps improving. Since the 1980s, the
state has promulgated and put into effect a number of laws and
regulations covering the major contents in IPR protection. These include
the "Patent Law of the People's Republic of China," "Trademark Law of the
People's Republic of China," "Copyright Law of the People's Republic of
China," "Regulations on the Protection of Computer Software,"
"Regulations on the Protection of Layout Designs of Integrated Circuits,"
"Regulations on the Collective Management of Copyright," "Regulations on
the Management of Audio-Video Products," "Regulations on the Protection
of New Varieties of Plants," "Regulations on the Protection of
Intellectual Property Rights by the Customs," "Regulations on the
Protection of Special Signs," and "Regulations on the Protection of
Olympic Logos." China has also promulgated a series of relevant rules for
the implementation of these laws and regulations, and their legal
interpretation. As a result, the system of laws and regulations on IPR
protection in China has been continuously improved. In 2001, around the
time when China was admitted into the WTO, in order to provide effective
legal protection to IPR, the country made comprehensive revisions to the
laws and regulations regarding IPR protection and their legal
interpretation. While more emphasis is given to promoting the progress of
science and technology and innovation with regard to legislative intent,
content of rights, standards of protection and means of legal remedy, the
revisions brought the laws and regulations into conformity with the WTO's
"Agreement on Trade-related Aspects of Intellectual Property Rights" and
other international rules on IPR protection.
- A coordinated and efficient work system and a law enforcement mechanism
have been established and improved. In its practice of IPR protection, a
two-way parallel protection mode, namely, administrative and judicial
protection, has emerged in China. Several departments in China are
assigned with the duty to protect IPR. They include primarily the State
Intellectual Property Office, State Administration for Industry and
Commerce, Press and Publication General Administration, State Copyright
Bureau, Ministry of Culture, Ministry of Agriculture, State Forestry
Administration, Ministry of Public Security, General Administration of
Customs, Supreme People's Court and Supreme People's Procuratorate. For
many years these departments have done effective work in their respective
fields. To further strengthen IPR protection, in 2004 China established
the State IPR Protection Work Team headed by a vice-premier of the State
Council, responsible for planning and coordinating the work regarding IPR
protection throughout the country. Its office, located in the Ministry of
Commerce, handles the routine work of the team.
In recent years, the state has increased work contacts between
administrative law enforcement organs and public security organs and
people's procuratorates with respect to IPR protection. In October 2000,
the relevant departments jointly issued the "Notice on Strengthening
Cooperation and Coordination in the Work of Investigating and Dealing
with Criminal Cases that Infringe Intellectual Property Rights," which
contains clear provisions on relevant issues. In July 2001, the State
Council promulgated the "Regulations on the Transfer of Suspected
Criminal Cases by Administrative Law Enforcement Organs," which includes
clear provisions on how the administrative law enforcement organs should
transfer suspected criminal cases to public security organs in a timely
fashion. In March 2004, the relevant departments jointly issued the
"Opinions on Increasing Work Contacts between Administrative Law
Enforcement Organs and Public Security Organs and People's
Procuratorates." A work mechanism involving the coordination of
administrative law enforcement and criminal law enforcement has been
established, creating a joint power to deal with IPR infringements. This
ensures that suspected criminal cases enter the judicial process
promptly. In recent years, the judicial organs have adjudicated a large
number of IPR infringement cases according to law. In civil cases, the
infringed parties have received timely compensation for their financial
losses, and IPR-related crimes have been effectively combated.
- Administrative law enforcement has been strengthened in IPR protection.
As gradual improvements are made in the legal system on IPR protection,
China has shifted its focus from legislation to law enforcement.
Administrative law enforcement has been enhanced through the combination
of routine management and supervision with special crackdown campaigns.
In August 2004, the Chinese government decided to launch a special
one-year campaign to protect IPR across the country from September 2004
to August 2005. It was decided at the national TV and telephone
conference on rectification and standardization of the market economic
order convened by the State Council on March 31, 2005 that the campaign
was extended to the end of 2005. With unified planning, the relevant
departments have investigated and dealt with major IPR infringement
cases, focusing on major fields in the protection of trademark rights,
copyrights and patent rights, on major links in the import and export of
goods, all types of exhibitions and wholesale markets of commodities, and
on key places where producers and sellers of counterfeit goods were known
to be concentrated. Their quick action and strict law enforcement efforts
have dealt a blow on IPR offenders, achieving positive results.
- Efforts are being made to heighten the awareness of the general public
about IPR. The Chinese government attaches great importance to publicity
concerning IPR. Beginning in 2004, the state designated the week from
April 20 to 26 every year as the "week for publicizing the importance of
IPR protection." By making wide use of newspapers, magazines, television,
radio and the Internet, and through holding seminars and knowledge
contests, and making public interest advertisements, the government
carries out publicity and education among the general public regarding
IPR protection. The aim is to create a social atmosphere in which labor,
knowledge, talent and creation are respected, and heighten the awareness
of the general public regarding IPR.
- Actively fulfilling the international obligations to protect IPR. China
has taken an active approach to joining major international conventions
and agreements on IPR protection. Following its accession to the World
Intellectual Property Organization in 1980, China joined in succession
more than ten international conventions, treaties, agreements and
protocols, such as the "Paris Convention for the Protection of Industrial
Property," "Patent Cooperation Treaty," "Budapest Treaty on the
International Recognition of the Deposit of Microorganisms for the
Purposes of Patent Procedure," "Locarno Agreement Establishing an
International Classification for Industrial Designs," "Madrid Agreement
Concerning the International Registration of Marks," "Nice Agreement
Concerning the International Classification of Goods and Services for the
Purpose of the Registration of Marks," "Protocol Relating to the Madrid
Agreement Concerning the International Registration of Marks," "Agreement
on Trade-related Aspects of Intellectual Property Rights," "International
Convention for the Protection of New Varieties of Plants," "Berne
Convention for the Protection of Literary and Artistic Works," "Universal
Copyright Convention," and "Convention for the Protection of Producers of
Phonograms Against Unauthorized Duplication."
While strictly executing its international obligations in IPR protection,
China has devoted great efforts to adjusting and improving international
rules regarding IPR protection in order to let all countries of the world
share the fruits and benefits brought about by the progress of science
and technology. In recent years, China has held talks, and engaged in
exchanges and cooperation with other countries, international
organizations and foreign-invested enterprises in the field of IPR. At
the suggestion of the United States, starting in 2003, China and the US
have held a round-table conference on IPR every year, and reached
agreement on many IPR-related issues at the two round-table conferences.
In 2004, China and Europe held their first round of talks on IPR in
Beijing. Initial agreement was reached between the two sides on matters
of cooperation related to IPR. Relevant Chinese departments have
established good cooperative relations with corresponding departments in
several countries, and international organizations such as World
Intellectual Property Organization and International Union for the
Protection of New Varieties of Plants. In September 2003, a mechanism was
established for regular contact and coordination between relevant Chinese
departments and foreign-invested enterprises. Under the mechanism, a
meeting is held every three months to solicit comments and suggestions
from the foreign-invested enterprises on issues related to IPR protection.
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