Latest Developments of Intellectual Property in China · Patent Law, Regulations on Patent...
Transcript of Latest Developments of Intellectual Property in China · Patent Law, Regulations on Patent...
2017.11
ZHANG Yaning
Latest Developments of Intellectual Property in China
Development of SIPO
IP Creation
IP Utilization
IP Administration
International Cooperation
Major IP Policies Introduced
Latest Developments of Intellectual Property in China
IP Protection
Series of IP Policies Introduced
Major IP Policies and Measures Introduced
“Action Plan for Implementation National IP
Strategy(2014-2020)”
“General Scheme for Integrated IP
Administration Reform Pilots Program”
National IP Protection and Utilization Plan in
the 13th Five Year Plan Period
“Several Opinions on construction of the
Nation with Strong IP Competence"
"Construction of the Nation with Strong IP Competence" was officially written into the
Outline of the National Strategy of Innovation-
Driven Development, Report on the Work of the
Government, and the outline of the national 13th
Five-Year Plan,
becoming one of the nine power construction
strategy tasks deployed by the central
government
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国务院71号文
Improved National IP Coordination Mechanism
Major IP Policies and Measures Introduced 1
The Inter-ministerial
Conference for IP Strategy
Implementation was
upgraded to the State
Council level
State concilor Wang Yong
as Convener
31 member institutions
Amendment to IP Related Laws and Regulations
Major IP Policies and Measures Introduced 1
Focus on the need of social and economic development,
we activily promoted the furmulation and revision of
Patent Law, Regulations on Patent Commissioning,
Regulations on Service Invention
Amendment to patent law as one of the key projects of
State Council.
There are 33 articles revised in the Patent Law to solve
the problems in right protection and IP utilization.
After 40 years of development, China has become a
big IP country
Especially in recent years, we made great breakthrough:
Annual patent application exceeded one million
Ownership of valid patents exceeded one million
Valid trademark registration ranked top of the world for
15 consecutive years
In 2016, the copyright registration exceeded 2 million
The other IP application reached a record high
Development in IP Creation2
Development in IP Creation
Global Innovation Index 2016 :
China ranked 25, top of the middle
income economies
Ranking of China in recent years
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Development in IP Creation2
We also realize that,as a big IP
country, we are still not a country
with strong IP competence.
There’s not many core patents,
important copyright and famous
trademark.
Now we put more attention to
quality. For example, we initiated
the patent quality improvement
project.
Development in IP Protection3
Chinese government attaches great
significance to IP protection and
clearly put forward to implement strict
IP protection.
Development in IP Protection
Strict protection
Strict IP protect was
implemented
Eg: with the revision of
Patent Law, the
compensation standard
was improved to crack
down on infringement.
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Development in IP Protection
Comprehensive protection
Constructing Comprehensive
protection
Covering different IP fields,
including patent, trademark,
copyright, GI…
Using various measures:
registration, examination,
administrative protection,
judicial protection,
meditation…
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Development in IP Protection
Fast Protection
construction of IP protection
center, strengthen
enforcement and give full play
to administrative enforcement
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Fast examination,
confirmation of rights,
protection of right
Development in IP Protection3
Administrative enforcement cases reached 49,000
up by 36.5%。
The upgrade of new technologies and new
products is becoming faster and faster. How to
make IP protection to satisfy the needs of
development is the new challenge universally.
The effect and efficiency should be given equal
attention.
Administrative enforcement is of Chinese feature
Development in IP Utilization4
IP utilization is the target of IP work and it is
also the only way to realize the value of IP and
to support innovation-driven development.
Key aspects of work: Mechanism establishment
Reform on the allocation of
benefits of IPR
Handling of the right of
ownership, right of disposing
and right of getting benefit.
Make the innovator more
motivated to make
innovations
• Pilot project in Sichuan
has already gained
successful results
• The example from the
university
Development in IP Utilization4
Key aspects of work: Platform establishment
Establishing IP operation
platform to provide good
platform for IP transformation,
IP trust, IP pledging and IP
financing, thus promote the
comprehensive use of IP
Development in IP Utilization4
Key aspects of work: upgrade of industry
Foster IP intensive industries ,
including telecommute,
intelligent production, biological
medicine and copyright industry
to promote upgrading of
industry and develop
substantial economy
In recent years, the added
value of IP intensive industry
accounts for 12.4% of GNP
,of which copyright
accounted 7.28%,make
great contributions for
economic development
Development in IP Utilization4
Development in IP Administration
China has a Dispersed IP administration mechanism for a long time. This mode has its benefit. However, it is of low efficiency and impacts on the full play of the IP system
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Development in IP Administration
Promotion of Integrated IP Administration Reform
Pilots Program
Give full play of the leading role of patent, trademark and copyright
Streamline the whole chain of IP creation, utilization, protection,
administration and service to establish comprehensive IP
administrative system.
Establish IP public service system that is for the convenience and
benefits of the people.
Explore the IP system that support innovation-driven economy
establishment of the IP system characterized with clear right ambit,
rational division of responsibilities, consistent responsibility and
power, high-efficient operation, and legal safeguarding
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SIPO also takes charge of international
cooperation in the IP field.
Development in International Cooperation6
Development in International Cooperation
Actively participate in the cooperation under WIPO framework, promote
to make the international IP rules become more inclusive, efficient and
balanced.
• Establishment of WIPO
China Trust Fund
• Gurry attending the “Belt
and Road Forum”
世界知识产权组织中国办事处成立
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Development in International Cooperation
IP Cooperation under the “Belt and Road Initiative”
More than 50 countries attended the
High Level Conference of Intellectual
Property among the Countries along
the Belt and Road.
Common Initiatives for Strengthening
Cooperation between Countries along
the “Belt and Road" in the Field of
Intellectual Property
Normal system for cooperation under
the “Belt and Road Initiative
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Development in International Cooperation
Cooperation with neighbor countries
• West: Normal system for
cooperation under the “Belt
and Road Initiative
• North:China-Russia-
Mongolia
• East: China, Japan and
Korea
• South:China-ASEAN
Those systems play significant role in the cooperation with neighbor
countries
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Development in International Cooperation
Bilateral cooperation mechanism
Cooperation with important
national IP institutions such as
USPTO, JPO and KIPO.
Cooperation with important
regional IP organizations:
EPO, VPI, EUIPO, OAPI, ARIPO
IP5 and ID5 meetings
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Directly under the State
Council,14,700 stuff,with
subordinate units and 7 sub-
centers in Beijing, Jiangsu,
Guangdong, Henan, Hubei,
Tianjin, and Sichuan
SIPO
Development of SIPO7
Development of SIPO
The examination,
confirmation of
rights,
reexamination,
invalidation of
patents, utility
models, designs
and integrated IC
designs
Implementation
of IP strategy;
construction of
powerful IP
country; IP
protection work
Foreign-related
IP affairs,
especially WIPO-
related affairs
Main Duties of SIPO
Organization CoordinationAdministration
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Thank You!