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

1

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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Comprehensive protection

Constructing Comprehensive

protection

Covering different IP fields,

including patent, trademark,

copyright, GI…

Using various measures:

registration, examination,

administrative protection,

judicial protection,

meditation…

3


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


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


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 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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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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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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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!

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