ChinaIPR

 

                        China Intellectual Property Current Situation

"The Central Committee of the CCP about Formulates National economy And Social development 11th Five Year Plan Suggestion" proposed that must increase the intellectual property protection dynamics. The protection intellectual property rights, to encourage to innovate, the optimized innovation environment to have the very vital significance independently, is also advantageous in sets up our country external credit, the expanded international cooperation and the exchange. The protection intellectual property rights, are the respect work, the respect knowledge, respect the talented person, the respect creation, encourages the scientific innovation. Increases the intellectual property protection dynamics is an important measure which Our country Government ˇ°25ˇ± the period socio-economic development adopts. First, the intellectual property rights enterprise develops is facing the new opportunity and the challenge Since the 21st century, has sped up along with world economic gloablization's advancement with the science and technology rapid development, the achievement encourages with the protection innovation, to promote the human society progressive and the economic development basic legal system, the intellectual property system obtains the historical promotion in the economical and the social activity status, the intellectual property protection receives the international society the widespread attention. From international looked, since the 1980s, Western developed country to consolidate it in the world economics strong trend status, adopted one after another a series of strengthened the intellectual property rights creation, the management, the utilization and the protection major step. The international intellectual property system development momentum main performance is: The intellectual property rights are becoming various countries' enhancement state economy, the technical strength and the international competitiveness, maintain our country benefit and the economic security strategic resources; The intellectual property system internationalization tendency speeds up, between the intellectual property protection into country carries on technical, the economical, the trade and the cultural cooperation and the exchange important component; Along with the information technology, the life sciences, the ocean technology, the new material technology and so on high-tech fast development, various countries strengthened the intellectual property rights legislation work, the intellectual property protection scope expanded unceasingly, protect the level and protection dynamics strengthen unceasingly; The intellectual property rights are becoming various countries' enterprise to have the market competition superiority the important means; The intellectual property rights application or the registration quantity swift growth, grasps and controls in the essential domain and the frontier technology intellectual property rights becomes various countries' competition the focal point.

From domestic looked that our country intellectual property system establishment is late, has more than 20 years history, but the development speed is quick. Our country Government takes the intellectual property rights work, sharpens the independent innovation ability as the adjustment economic structure, the transformation economic growth way, to enhance the national competitive power the center link, will face future significant strategic choice the construction innovation country achievement, has established the system complete intellectual property rights legal regime basically. Our country intellectual property rights enterprise has made the remarkable progress in ˇ°15ˇ± the time, had already had the implementation intellectual property rights strategy basic condition. - - the intellectual property rights laws and regulations system further consummates. In order to adapt joins the World Trade Organization and the socialist market economy construction need, our country to has carried on the comprehensive revision with the intellectual property protection related laws and regulations, in aspects and so on legislative objective, right content, protection standard, legal relief has even more highlighted the intellectual property system promotion advance in technology with the function which encourages to innovate independently. The related Government department and the Judicial organ appeared a series to conform to the international general rule, the class quite complete department rules and regulations, the regulated document and the judicial interpretation one after another, has guaranteed each laws and regulations effective execution. The place legislative work also day by day consummates. The intellectual property rights laws and regulations' formulation and the revision, to consummate our country intellectual property system to have the important meaning. - - intellectual property rights quantity and quality distinct enhancement. ˇ°15ˇ± the time, our country patent, trademark, copyright, plant new variety protection, software registration, the integrated circuit layout, the geography symbolized that and so on each kind of intellectual property rights' application quantity grows largely. Patent of utility model, design patent and trademark year quantity of patent many years are situated the world continuously first; ˇ°15ˇ± the last stage patent of invention domestic and foreign year application total quantity is situated the world fourth, the plant new variety protection year application total quantity is situated the world fourth.

"15ˇ± the time patented claim total quantity is 1,594,762, is ˇ°95ˇ± time 643,853 2.5 times, the yearly average grows 22.8%; Patent examination settling a lawsuit quantity grows largely, the examination backlog question has the alleviation. ˇ°15ˇ± time registration of trademark quantity of patent considerable increase; Our country recognizes more than 400 well-known trademarks successively. By the end of 2005, our country altogether accepts the integrated circuit layout registration to apply for 950, the registration announces and issues certificate 833. ˇ°15ˇ± the time work voluntary registration assumes the quick growth trend. By the end of 2005, our country accumulates accepts 2984 agricultural plant new variety protection application, 378 forestry plant new variety protection; ˇ°15ˇ± the time, our country agriculture plant new variety protection application quantity rises from 2000 112 to 2005 938, by yearly average 53% speed increase. ˇ°15ˇ± the time, our country geography symbolized that the product protection work makes the significant development, by the end of 2005, accumulates to 539 kind of geography symbolized that the product has carried on the protection. Our country intellectual property rights quantity grows largely, indicated that our country market economy is prosperous, the investment environment improvement, innovates the potential to be huge independently.

Intellectual property rights macroscopic management dynamics further strengthens. The nation all levels of intellectual property rights related Functional departments fulfills the macroscopic management function positively, has played the influential role in the intellectual property rights work. The intellectual property rights policy research work had the considerable development. The State Council Functional departments enlarges unceasingly to the place intellectual property rights supervisory work's instruction dynamics, the place intellectual property rights operating mechanism construction obtains as a whole strengthens. The profession intellectual property rights supervisory work obtained progressed greatly. The intellectual property rights social service system is unceasingly perfect. Each kind of intellectual property rights experiment site demonstration work vigorous development. in 2004 has established the National Protection Intellectual property rights Work team, has established the trans-departmental intellectual property rights law enforcement cooperation mechanism, strengthened various departments work engagement and the coordination. in 2005 has formed the country intellectual property rights strategy formulation work leading group, the country intellectual property rights strategy formulation work smooth start. The macroscopic supervisory work further strengthened, has guaranteed our country intellectual property system function effective display.

The intellectual property protection achieves remarkable success. ˇ°15ˇ± the time, the State Council Department concerned acts according to the respective function division of labor, has established trans-departmental, the trans-regional law enforcement mechanism, the union investigation right infringement counterfeit behavior; Improved the central committee which the intellectual property rights customs protected to set up a file the system; Comprehensive cleaning up reorganization audio and video market links and so on product wholesale, retail sales, hiring, showing, the attack pirates the audio and video product; Has enlarged the network and information dissemination domain supervision dynamics; Strengthened the Administrative law enforcement organ and the Judicial organ protects the intellectual property rights the work relation, cracks down on each kind of infringement intellectual property rights criminal activity severely, enlarges to the Administrative organ managerial decision judicial review dynamics. developed in August, 2004 the intellectual property protection special action which by the end of 2005 has made the remarkable progress, up to September, 2005, the Industry and commerce department altogether investigates right infringement case more than 50,000, fined 376,000,000 Yuan; Copyright news publication department seizing each kind of illegal audio and video product more than 5000 ten thousand, ban illegal Management unit 19,000; The patent department accepts patent infringement dispute case 2818, accepts other patent dispute case 331, the investigation pretends to be patent 3176, the investigation pretends other people patent 304, turns over case 23 to the Public security department. By the end of 2004, the agriculture Administrative department altogether accepted plant variety power right infringement case 299, investigation counterfeit authorization variety case 564. All levels of Administrative department and the Judicial organ operate coordinated, strengthens the intellectual property protection unceasingly, has safeguarded the market economy order stability powerfully, has built the good government by law environment. 

The entire society's intellectual property rights consciousness further strengthens. Our country Government takes the intellectual property rights the propaganda popularization work. ˇ°15ˇ± the time, through each kind of channel, has enlarged the leaders at all levels and Enterprises and institutions's intellectual property rights training dynamics, general public's intellectual property rights consciousness gradually enhances. Various professions develop each kind of intellectual property rights deliberation and the peak forum activity positively. From 2004 started, every year from April 20th to 26th the determination will be ˇ°the protection intellectual property rights propaganda weekˇ±, the use publication, the television, the broadcast, the Internet and so on each kind of media, through held the seminar, the knowledge competition as well as the manufacture public service advertizing and so on many kinds of forms, carried out the intellectual property protection propaganda, and educational activities in the entire society, formed the respect work, the respect knowledge, to respect the talented person, the respect creation good social atmosphere initially. - - intellectual property rights foreign coordinated makes the new progress. Our country plays the role diligently in the intellectual property rights international rules' adjustment and the transformation, deals properly with the processing complex complex international intellectual property rights business, establishes intellectual property rights the international exchange and cooperations new pattern initially, the foreign intellectual property rights propaganda work makes the preliminary progress. Our country participates in the international intellectual property rights positively the main joint pledge and the treaty. Our country with many countries, the International organization and the Foreign invested company widely develops the dialog, the interflow and cooperation in the intellectual property rights domain. The foreign intellectual property rights matters concerned's overall plan coordinated work obtains further strengthens. 

During the summary makes the progress, we must realize soberly, our country intellectual property rights work overall condition also exists with the state economy, technical and society's development request does not adapt, the question which as well as with faces the international new situation development request which does not adapt. Mainly displays in: Intellectual property rights work policy insufficient arriving, with laws and regulations insufficiently necessary; The intellectual property rights Control section is scattered, the management level and the efficiency waits for further enhancing; The enterprise grasps with the utilization intellectual property system's level is not high, deals with the intellectual property rights dispute's professional personnel deficient; Has the core technologies and key technologies domain proprietary intellectual property rights quantity are few, the quality to be somewhat low; The leaders at all levels to strengthen the intellectual property rights work the important understanding to be insufficient, social public intellectual property rights consciousness is not strong. This century first 20 years are our country economy and the social development important strategic opportunity time, are the adjustment economic structure and the transformation growth way crucial phase, are also our country intellectual property rights enterprise's important periods of expansion. Facing the new situation, the intellectual property rights enterprise develops must strengthen the historical responsibility and the time sense of urgency, holds and uses the good opportunity, deals with each kind of challenge positively, melts in the development diligently the bottleneck restriction and the system barrier, the foothold scientific progress, tries to innovate, the consummation system mechanism, the promotion society to be harmonious independently, displays the intellectual property system fully, in the promotion economic society develops the function, promotes the intellectual property rights synthesizing capacity and the service level comprehensively.

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