Four Fundamental Changes in the Protection of Intellectual Property in China

On April 21st, the State Council Information Office published a white paper entitled “New Progress in Protection of Intellectual Property in China”, which is also the second time that China has published a similar white paper. Compared with China’s publication of the White Paper on China’s Intellectual Property Situation in 1994, four fundamental changes have taken place in China’s intellectual property protection status.

Zhang Qin, deputy director of the State Intellectual Property Office, made the above statement when answering a Xinhua reporter’s question at a press conference held by the State Council Information Office on the 21st.

“The first is the number of intellectual property rights that have been granted in China, including trademark rights and patent rights,” Zhang Qin said. This shows whether domestic or foreign companies and inventors (including companies and individuals) are highly aware of intellectual property rights. We attach great importance to placing great hopes on China’s intellectual property rights.

It is understood that in the first white paper, as of the end of 1993, there were 410,000 valid registered trademarks in China and a total of more than 360,000 patent applications were accepted. In the white paper just released, as of the end of 2004, the cumulative total of registered trademarks in China reached 2.24 million, and the total number of patent applications in China exceeded the 2 million mark in March 2004.

“From our intellectual property law enforcement case, there has also been a substantial increase, which shows that our clients have increasingly defended their rights and interests based on relevant laws and regulations on intellectual property rights.” Zhang Qin said that in two aspects The data reflects the continuous improvement of the awareness of intellectual property rights among Chinese companies and the public.

"The third change is that our regulations are more perfect." It is understood that since the 1980s, China has successively promulgated and implemented the Patent Law, Trademark Law, Copyright Law and Computer Software Protection Regulations, and the Regulations on the Protection of Topographies of Integrated Circuits. , Regulations on the Collective Management of Copyrights, Regulations on the Management of Audio and Video Products, Regulations on the Protection of New Varieties of Plants, Regulations on the Customs Protection of Intellectual Property Rights, Regulations on the Management of Special Signs, Regulations on the Protection of Olympic Symbols, and other laws and regulations covering the main contents of intellectual property protection, and promulgating a series of related implementation Detailed rules and judicial interpretations have continuously improved the legal and regulatory systems for the protection of intellectual property in China.

Before and after China joined the World Trade Organization in 2001, it also made comprehensive amendments to relevant laws, regulations, and judicial interpretations concerning the protection of intellectual property rights. It has achieved the “trade-related” relationship with the World Trade Organization in terms of legislative spirit, content of rights, protection standards, and legal remedies. The IPR Agreement and other international rules for the protection of intellectual property are consistent. (Xinhua News Agency)

“The fourth change is that the Chinese government has increased its leadership and implementation of intellectual property protection.” At present, China has in addition to the Intellectual Property Office, the State Administration for Industry and Commerce, the Copyright Bureau, the Ministry of Culture, the Ministry of Agriculture, the Forestry Bureau, and public security. The Ministry of Customs, the General Administration of Customs, the Supreme People's Court, the Supreme People's Procuratorate and other departments fulfilled the functions of protecting intellectual property rights. In 2004, China established the National Working Group on the Protection of Intellectual Property, which is responsible for coordinating and coordinating the protection of intellectual property throughout the country.

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