Page 86 - 2016_WhitePaper_web
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6 White Paper on the Business Environment in China
1.7 An Overview on the Annual Development of
IntellectualPropertyLawof P.R.C.in2015
Preamble organize experts to inspect the market, to form comprehen-
sive inspection comments afterwards. As for qualified mar-
China’s famous legal scholar, Wu Handong, kets, where there is no opposition from the public, they will
honorary president of China Intellectual Property Law be listed as “a national standardized intellectual property pro-
Association, wrote that copyright is produced from the cre- tection market”. Within five years, about 100 standardized
ation of literature, art, science and other fields, and ensures intellectual property protection markets will be recognized.
the development of cultural industry and prosperity; patents The Intellectual Property Office’s standardization of market
are the result of creation of science and technology, which protection shows the Chinese government’s emphasis on the
is conducive to cultivating the spirit of innovation, promot- intellectual property industry as well as a determination to
ing industrial science, and technology; trademark rights are protect intellectual property rights.
inseparable from the management operation of enterprises,
which guarantees the healthy development of the economy. In terms of intellectual property rights legislation, China
As professor Wu said, in a knowledge era economy, the system has enacted a large number of new intellectual property laws
of intellectual property rights is bound to affect the country’s and regulations and relevant legal amendments. In 2014, the
development and heritage. From legislation, judicial practice new Trademark Law was implemented as well as regulations
and law scholars’ research in recent years, we can see that the such as Copyright Law Implementation Regulations, Trademark
Chinese government and the community have become aware Law Implementing Regulations, Computer Software Protection
of the importance of intellectual property rights for China’s Regulations, Information Network Transmission Rights Protection
scientific and technological innovation and the economic Regulations, Copyright Collective Management Regulations, and
transformation. This has provided an incentive for protection New Plant Varieties Protection Regulations have been revised.
of intellectual property in China. Relevant legislative departments are considering changes to
the Patent Law, Copyright Law, Promotion of the Conversion of
Major Development of Intellectual Property Scientific and Technological Achievements, as well as Regulations
in China in 2015 on Patent Commissioning, and intensifying work on the Draft
Regulations on Employees Inventions. The 17th Meeting of the
In 2014, the most notable event for protection of intel- Twelve Session of the NPC Standing Committee passed the
lectual property in China is the establishment of intellectual Seed Law Amendment, and that revised law will take effect
property courts in Beijing, Shanghai, and Guangzhou, and in on January 1, 2016. The implementation of regulations such
2015 a major focus of attention is the performance of these as Government Agencies Use Legitimate Software Management
three intellectual property courts in judicial practice. In re- Methods, Administrative Enforcement Measures for the Protection
sponse to the spirit of the 18th Third Plenary Session of the of New Varieties of Forestry, Agricultural Plants and so on, has
Communist Party’s decision to implement a national intellec- expanded the field of intellectual property protection. In
tual property strategy, the state Intellectual Property Office the processing of intellectual property cases, the courts are
started to try to carry out market standardization for protec- improving trial procedures, for example, as shall be discussed,
tion of intellectual property rights, and selected 65 companies for the first time there was a public hearing in a case involving all
in Beijing as the first batch of state-level standardized market trial committee members; the courts staff added an “essentials
cultivation objects for intellectual property rights protection. of the judgement docket” part, before issuing judgment for the
In late 2015, the state Intellectual Property Office selected first time, and tried to record the collegial panel minority views
dozens of companies in Beijing, and determined the Beijing in written judgments. To sum up, compared to some countries
Dangdang Network Information Technology Co. Ltd., and in Europe, North America, and Asia, China’s intellectual
38 other markets as the second batch of state-level standard- property industry still lags behind, but in recent years, the
ization market cultivation objects for intellectual property achievements of China’s intellectual property industry are
rights protection. The State Intellectual Property Office will evident, and the Chinese system for protection of intellectual
property is also improving substantially.
86
1.7 An Overview on the Annual Development of
IntellectualPropertyLawof P.R.C.in2015
Preamble organize experts to inspect the market, to form comprehen-
sive inspection comments afterwards. As for qualified mar-
China’s famous legal scholar, Wu Handong, kets, where there is no opposition from the public, they will
honorary president of China Intellectual Property Law be listed as “a national standardized intellectual property pro-
Association, wrote that copyright is produced from the cre- tection market”. Within five years, about 100 standardized
ation of literature, art, science and other fields, and ensures intellectual property protection markets will be recognized.
the development of cultural industry and prosperity; patents The Intellectual Property Office’s standardization of market
are the result of creation of science and technology, which protection shows the Chinese government’s emphasis on the
is conducive to cultivating the spirit of innovation, promot- intellectual property industry as well as a determination to
ing industrial science, and technology; trademark rights are protect intellectual property rights.
inseparable from the management operation of enterprises,
which guarantees the healthy development of the economy. In terms of intellectual property rights legislation, China
As professor Wu said, in a knowledge era economy, the system has enacted a large number of new intellectual property laws
of intellectual property rights is bound to affect the country’s and regulations and relevant legal amendments. In 2014, the
development and heritage. From legislation, judicial practice new Trademark Law was implemented as well as regulations
and law scholars’ research in recent years, we can see that the such as Copyright Law Implementation Regulations, Trademark
Chinese government and the community have become aware Law Implementing Regulations, Computer Software Protection
of the importance of intellectual property rights for China’s Regulations, Information Network Transmission Rights Protection
scientific and technological innovation and the economic Regulations, Copyright Collective Management Regulations, and
transformation. This has provided an incentive for protection New Plant Varieties Protection Regulations have been revised.
of intellectual property in China. Relevant legislative departments are considering changes to
the Patent Law, Copyright Law, Promotion of the Conversion of
Major Development of Intellectual Property Scientific and Technological Achievements, as well as Regulations
in China in 2015 on Patent Commissioning, and intensifying work on the Draft
Regulations on Employees Inventions. The 17th Meeting of the
In 2014, the most notable event for protection of intel- Twelve Session of the NPC Standing Committee passed the
lectual property in China is the establishment of intellectual Seed Law Amendment, and that revised law will take effect
property courts in Beijing, Shanghai, and Guangzhou, and in on January 1, 2016. The implementation of regulations such
2015 a major focus of attention is the performance of these as Government Agencies Use Legitimate Software Management
three intellectual property courts in judicial practice. In re- Methods, Administrative Enforcement Measures for the Protection
sponse to the spirit of the 18th Third Plenary Session of the of New Varieties of Forestry, Agricultural Plants and so on, has
Communist Party’s decision to implement a national intellec- expanded the field of intellectual property protection. In
tual property strategy, the state Intellectual Property Office the processing of intellectual property cases, the courts are
started to try to carry out market standardization for protec- improving trial procedures, for example, as shall be discussed,
tion of intellectual property rights, and selected 65 companies for the first time there was a public hearing in a case involving all
in Beijing as the first batch of state-level standardized market trial committee members; the courts staff added an “essentials
cultivation objects for intellectual property rights protection. of the judgement docket” part, before issuing judgment for the
In late 2015, the state Intellectual Property Office selected first time, and tried to record the collegial panel minority views
dozens of companies in Beijing, and determined the Beijing in written judgments. To sum up, compared to some countries
Dangdang Network Information Technology Co. Ltd., and in Europe, North America, and Asia, China’s intellectual
38 other markets as the second batch of state-level standard- property industry still lags behind, but in recent years, the
ization market cultivation objects for intellectual property achievements of China’s intellectual property industry are
rights protection. The State Intellectual Property Office will evident, and the Chinese system for protection of intellectual
property is also improving substantially.
86
