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5 White Paper on the Business Environment in China
1.7 An Overview on the Annual Development of
Intellectual Property Law of the P.R.C. in 2014
Preamble While in recent years there has been a substantial growth in
registration of trademarks, patents and copyrights in China,
INTELLECTUAL PROPERTY, WHICH is connected there actually had been a decrease in the use of courts in some
with innovation on one hand and with the market on the IP areas, in part because of the problems with the judiciary.
other hand, has a close relationship with the economic and With the government’s decision to enhance the judiciary, it is
social development. Shen Changyu, the director of the State expected that parties will be more willing to use the judicial
Intellectual Property O ce, said that intellectual property and administrative organs to protect their intellectual prop-
shall play a good role as the ivy closely adhered to the tree erty rights.
of economic and social development as well as the pillar of
the economical and social development. Secondly, in order Major Development of Intellectual Property
to become the pillar of economic and social development, in China in 2014
intellectual property should make the best of its unique
advantage to provide powerful support to the economic and As for legislative developments, there were a host of new
social development. Clearly Director Shen and the Chinese and revised IP laws. e revision of the Trademark Law was
government have come to realize the importance of Intellectual completed and the revised Trademark Law took e ect on 1st
Property in development and protecting innovation in China. May 2014. Revisions of administrative regulations such as the
Regulations for Implementation of the Copyright Law, Regu-
e most dramatic recent development in China with lations for the Protection of Computer Software, Regulations
regard to intellectual property was the establishment of for the Protection of the Right of Communication through
Intellectual Property Courts in Beijing, Shanghai and Information Network, Regulations for the Collective Admin-
Guangzhou. e Litigation Committee of the Supreme Court istration of Copyright and Regulations for the Protection of
decided on the jurisdiction of these courts on 27th October New Plant Species have been completed. e revisions of laws
2014, e ective 3rd November 2014, pursuant to the Code and regulations such as Patent Law, Copyright Law, Law on
of Civil Procedure, Administrative Procedure Law, and the Promoting the Transformation of Scienti c and Technologi-
decision of the Standing Committee of the National Peoples’ cal Achievements, Regulations for the Implementation of the
Congress’ decision to establish these courts. e Provisions Trademark Law, Regulations for Patent Commissioning and
of the Supreme Peoples’ Court on Jurisdiction in cases of drafting of the proposed Service Invention Remuneration
the Beijing, Shanghai and Guangzhou Intellectual Property Regulations have been facilitated. Administrative Measures
Courts, Article 1 states: for Use of Copyrighted Software at Government Agencies has
been promulgated and regulations such as Management Mea-
• civil and administrative cases concerning patent, new sures for Forestry Plant New Species Protection Administra-
plant varieties, layout designs and integrated circuits, tive Law Enforcement have been drafted.
technology secrets and computer software;
e number of intellectual property applications has in-
• administrative cases arising from administrative creased steadily and rapidly. In 2014, around 2.377 million
acts concerning copyright trademarks and unfair applications for the three kinds of patents were accepted and
competition conducted by the Department of State 1.313 million applications were approved. Of the accepted
Council of local Peoples’ Government above the applications, 0.825 million were applications for patent for
county level; and invention, increased by 26.3% compared with that of last year,
accounting for more than one third of the total applications
• civil cases concerning recognition of famous trademarks. for the three kinds of patents for the rst time in ve years.
e establishment of Intellectual Property Courts together e number of PCT international patent application of our
with the dramatic changes in the judicial system resulting from country exceeded 20,000, accounting for more than 10% of
the recent meetings of the Plenary Session of the Communist the total global application for the rst time, and ranked the
Party on the Rule of Law, which includes the formation of third in the Patent Cooperation Treaty system. e number of
circuit courts will enhance the ability of the judiciary to act
independently and to protect intellectual property in China.
72
1.7 An Overview on the Annual Development of
Intellectual Property Law of the P.R.C. in 2014
Preamble While in recent years there has been a substantial growth in
registration of trademarks, patents and copyrights in China,
INTELLECTUAL PROPERTY, WHICH is connected there actually had been a decrease in the use of courts in some
with innovation on one hand and with the market on the IP areas, in part because of the problems with the judiciary.
other hand, has a close relationship with the economic and With the government’s decision to enhance the judiciary, it is
social development. Shen Changyu, the director of the State expected that parties will be more willing to use the judicial
Intellectual Property O ce, said that intellectual property and administrative organs to protect their intellectual prop-
shall play a good role as the ivy closely adhered to the tree erty rights.
of economic and social development as well as the pillar of
the economical and social development. Secondly, in order Major Development of Intellectual Property
to become the pillar of economic and social development, in China in 2014
intellectual property should make the best of its unique
advantage to provide powerful support to the economic and As for legislative developments, there were a host of new
social development. Clearly Director Shen and the Chinese and revised IP laws. e revision of the Trademark Law was
government have come to realize the importance of Intellectual completed and the revised Trademark Law took e ect on 1st
Property in development and protecting innovation in China. May 2014. Revisions of administrative regulations such as the
Regulations for Implementation of the Copyright Law, Regu-
e most dramatic recent development in China with lations for the Protection of Computer Software, Regulations
regard to intellectual property was the establishment of for the Protection of the Right of Communication through
Intellectual Property Courts in Beijing, Shanghai and Information Network, Regulations for the Collective Admin-
Guangzhou. e Litigation Committee of the Supreme Court istration of Copyright and Regulations for the Protection of
decided on the jurisdiction of these courts on 27th October New Plant Species have been completed. e revisions of laws
2014, e ective 3rd November 2014, pursuant to the Code and regulations such as Patent Law, Copyright Law, Law on
of Civil Procedure, Administrative Procedure Law, and the Promoting the Transformation of Scienti c and Technologi-
decision of the Standing Committee of the National Peoples’ cal Achievements, Regulations for the Implementation of the
Congress’ decision to establish these courts. e Provisions Trademark Law, Regulations for Patent Commissioning and
of the Supreme Peoples’ Court on Jurisdiction in cases of drafting of the proposed Service Invention Remuneration
the Beijing, Shanghai and Guangzhou Intellectual Property Regulations have been facilitated. Administrative Measures
Courts, Article 1 states: for Use of Copyrighted Software at Government Agencies has
been promulgated and regulations such as Management Mea-
• civil and administrative cases concerning patent, new sures for Forestry Plant New Species Protection Administra-
plant varieties, layout designs and integrated circuits, tive Law Enforcement have been drafted.
technology secrets and computer software;
e number of intellectual property applications has in-
• administrative cases arising from administrative creased steadily and rapidly. In 2014, around 2.377 million
acts concerning copyright trademarks and unfair applications for the three kinds of patents were accepted and
competition conducted by the Department of State 1.313 million applications were approved. Of the accepted
Council of local Peoples’ Government above the applications, 0.825 million were applications for patent for
county level; and invention, increased by 26.3% compared with that of last year,
accounting for more than one third of the total applications
• civil cases concerning recognition of famous trademarks. for the three kinds of patents for the rst time in ve years.
e establishment of Intellectual Property Courts together e number of PCT international patent application of our
with the dramatic changes in the judicial system resulting from country exceeded 20,000, accounting for more than 10% of
the recent meetings of the Plenary Session of the Communist the total global application for the rst time, and ranked the
Party on the Rule of Law, which includes the formation of third in the Patent Cooperation Treaty system. e number of
circuit courts will enhance the ability of the judiciary to act
independently and to protect intellectual property in China.
72
