Page 26 - 2021 Policy Watch
P. 26
icy Watch: Brief Analysis of the Intellectual Property Sections of Three Influential International Trade Agreements and one Bilateral Trade Agreement
As being pressured by the US and others, to improve ?¾è?计å?计ç??ºè½¯ä»¶ä??¤å?åº????¼º????????
its IP protection system, China now realizes the im- ä¸??å½??äº??件å???·¥ä½?27??
portance of IP or its own develop. ä¸???¥è?产æ?ä½?³»?¨æ????????²å?ä¸???°ä?
??¤§?????????¨ç??½ä??¨æ???2021å¹?5??5
Xi Jinping said that intellectual property is a core ?¥ï?ç¾???¿å?表示为ä??§å????ï¼??主å????
factor for competitiveness in the international arena, ä¸??è´¸æ?ç»??ï¼?TOï¼??ä¹?????ï¼?????æ¶?
as well a focal point of international disputes. China 对æ???????è¯?º§???ä¿???????RIPs???
has to play a deeper role in global IP governance un- ???ä¸????ººï¼????????ï¼??以ç?æ???½ç?
der the framework of the World Intellectual Property 产ç??³ç???????许å?è´¹ã????½æ?è°???¾å?ä¸?
Organization, push for the improvement of interna- ?©ï????å¼??å®??è§??ï¼?????è¿??ä¸??ä¸?ä¸?
tional rules and standards on IP as well as related ?¹å??¡æ?ï¼??许å??½æ?å¼???¤æ???????ä¸??
trade and investment, and drive development of the ä¿?????æ¶???©ä??¤ï?并ä??½å?????????§£
global IP governance system in a more just and eq- ?³ç????缺ç????28ï¼????è¿??????»è??????
uitable direction26. The Supreme People?? Court of ?????????ï¼??害ä?????©ä??¤å?åº???
China in April 2021 made it clear that the people??
courts will enhance the IP judicial protection on core 27 ??ººæ°???¢ç?è¯?º§???æ³???¤è????2021-2025å¹´ï???
technology, new industries, key fields and sources, 28 ç¾???»ç?é¦?¸?»ç?顾é?å®??å°¼â?¢ç?å¥??Anthony Fauciï¼?
strictly implement the protection system for layout- ?¨ç??½ä??¨æ???5??5?¥ç?ä¸?次ç?è§????¸ä¹?¡¨ç¤ºæ?å¿??ä¸?è¿?
designs of integrated circuits and computer software, ç¨?????ï¼????è°?? ???æ¶???©â??????å¤???¨ä?ï¼??ä½??
and improve the review of anti-monopoly and anti- å¤?¥½ä¼????äº??????¶ä??½å??½ç?ä¸??ï¼???½å·²ç»??2022å¹?
unfair competition cases27. åº????2023å¹´å?äº??å¾??人å??½å·²ç»???»ä?????
The world?? intellectual property protection system
is facing challenges under the impact of the Cov-
id-19 pandemic. Yet on 5th May 2021 (US EDT),
the US government stated that, in order to contain
the pandemic the US will voluntarily waive the in-
tellectual property protection of their Covid-19 vac-
cines. According to the rules of TRIPs, the patent
right holders, the vaccine companies may prohibit
other counties from production of the relevant vac-
cine or charge at royalty. Waiver of patent by the US
waives such rules, or adds a special provision to allow
all the countries to waive patent protection on the
Covid-19 vaccine. Waiver of patent protection will
not effectively resolve the shortage of vaccines28, but
will damage to the pharmaceutical companies?? mo-
tives for developing vaccines. It will also undermine
the world?? patent protection system.
26 Seeking Truth, Volume 3, Comprehensively Strengthen In-
tellectual Property Protection, Stimulate Innovation and Promote the
Construction of a New Development Pattern
27 IP Judicial Protection Plan of People?? Court (2021-2025)
28 On 5th May (US EDT), the Chief Medical Advisor to the
US President, Anthony Fauci expressed his concern in a tv interview
that it would take much time during the process. He argued that ??ne of
the complicated issues of the so-called ??aiving the patents?? is by the time
you then get set up to get the technology transferred to other countries to
be able to do it, you may be going into the end of 2022 or the beginning
of 2023, at which point a lot of people will have died.??
26
As being pressured by the US and others, to improve ?¾è?计å?计ç??ºè½¯ä»¶ä??¤å?åº????¼º????????
its IP protection system, China now realizes the im- ä¸??å½??äº??件å???·¥ä½?27??
portance of IP or its own develop. ä¸???¥è?产æ?ä½?³»?¨æ????????²å?ä¸???°ä?
??¤§?????????¨ç??½ä??¨æ???2021å¹?5??5
Xi Jinping said that intellectual property is a core ?¥ï?ç¾???¿å?表示为ä??§å????ï¼??主å????
factor for competitiveness in the international arena, ä¸??è´¸æ?ç»??ï¼?TOï¼??ä¹?????ï¼?????æ¶?
as well a focal point of international disputes. China 对æ???????è¯?º§???ä¿???????RIPs???
has to play a deeper role in global IP governance un- ???ä¸????ººï¼????????ï¼??以ç?æ???½ç?
der the framework of the World Intellectual Property 产ç??³ç???????许å?è´¹ã????½æ?è°???¾å?ä¸?
Organization, push for the improvement of interna- ?©ï????å¼??å®??è§??ï¼?????è¿??ä¸??ä¸?ä¸?
tional rules and standards on IP as well as related ?¹å??¡æ?ï¼??许å??½æ?å¼???¤æ???????ä¸??
trade and investment, and drive development of the ä¿?????æ¶???©ä??¤ï?并ä??½å?????????§£
global IP governance system in a more just and eq- ?³ç????缺ç????28ï¼????è¿??????»è??????
uitable direction26. The Supreme People?? Court of ?????????ï¼??害ä?????©ä??¤å?åº???
China in April 2021 made it clear that the people??
courts will enhance the IP judicial protection on core 27 ??ººæ°???¢ç?è¯?º§???æ³???¤è????2021-2025å¹´ï???
technology, new industries, key fields and sources, 28 ç¾???»ç?é¦?¸?»ç?顾é?å®??å°¼â?¢ç?å¥??Anthony Fauciï¼?
strictly implement the protection system for layout- ?¨ç??½ä??¨æ???5??5?¥ç?ä¸?次ç?è§????¸ä¹?¡¨ç¤ºæ?å¿??ä¸?è¿?
designs of integrated circuits and computer software, ç¨?????ï¼????è°?? ???æ¶???©â??????å¤???¨ä?ï¼??ä½??
and improve the review of anti-monopoly and anti- å¤?¥½ä¼????äº??????¶ä??½å??½ç?ä¸??ï¼???½å·²ç»??2022å¹?
unfair competition cases27. åº????2023å¹´å?äº??å¾??人å??½å·²ç»???»ä?????
The world?? intellectual property protection system
is facing challenges under the impact of the Cov-
id-19 pandemic. Yet on 5th May 2021 (US EDT),
the US government stated that, in order to contain
the pandemic the US will voluntarily waive the in-
tellectual property protection of their Covid-19 vac-
cines. According to the rules of TRIPs, the patent
right holders, the vaccine companies may prohibit
other counties from production of the relevant vac-
cine or charge at royalty. Waiver of patent by the US
waives such rules, or adds a special provision to allow
all the countries to waive patent protection on the
Covid-19 vaccine. Waiver of patent protection will
not effectively resolve the shortage of vaccines28, but
will damage to the pharmaceutical companies?? mo-
tives for developing vaccines. It will also undermine
the world?? patent protection system.
26 Seeking Truth, Volume 3, Comprehensively Strengthen In-
tellectual Property Protection, Stimulate Innovation and Promote the
Construction of a New Development Pattern
27 IP Judicial Protection Plan of People?? Court (2021-2025)
28 On 5th May (US EDT), the Chief Medical Advisor to the
US President, Anthony Fauci expressed his concern in a tv interview
that it would take much time during the process. He argued that ??ne of
the complicated issues of the so-called ??aiving the patents?? is by the time
you then get set up to get the technology transferred to other countries to
be able to do it, you may be going into the end of 2022 or the beginning
of 2023, at which point a lot of people will have died.??
26
