The protection of intellectual property rights (IPR) has drawn wide attention of the international community, and there is no exception in China. The IPR protection system was established at a comparatively late date in China, but has developed rapidly. Major progress has been made in IPR protection since the late 1970s, when China initiated the reform and opening-up policies. An IPR system has been gradually established, and is promoting healthy economic development and overall social progress.
In order to help the foreign investors have a better understanding of the real situation regarding China's IPR protection and make a proper judgment, Tannet hereby give a brief introduction to and explanation of related issues.
I. Basic Situation of IPRs Protection
China has always adopted a responsible attitude to actively promoting IPR protection. While adhering to the international rules on IPR protection, China has decided on a level of IPR protection appropriate for its own national situation, and made great efforts to balance the interests among intellectual property creators, users and the general public, so as to create a benign circle for the creation and use of intellectual property. Major progress has been made on IPR protection in China over the past years thanks to concerted efforts made by people from all walks of life.
II. Trademark Protection
The Chinese government promulgated the "Rules for the Implementation of the Trademark Law" in March 1983 to help with the implementation of the law, and in 1988 revised it for the first time. In February 1993, the Standing Committee of the National People's Congress (NPC) made the first revision to the "Trademark Law" to include service trademarks in the work of trademark protection, strengthen efforts to crack down on trademark infringement and counterfeiting, and improve the trademark registration procedures.
For years, administrative organs of industry and commerce at all levels across China have fully exploited their advantages in trademark administrative law enforcement - complete networks, simple procedures and high efficiency. Focusing on the protection of the right to exclusive use of registered trademarks, and dutifully carrying out their responsibilities, they have investigated and dealt with a large number of trademark infringement and counterfeiting cases, effectively protecting the right to exclusive use of registered trademarks of both foreign and domestic trademark owners, and safeguarding the legitimate rights and interests of consumers.
III. Patent Protection
In recent years, patent administration departments at all levels have strengthened administrative enforcement of the law in this respect. In particular, they have launched crackdowns on infringements of patent rights of food and medicines, which are closely connected with people's health and lives. They have made great efforts to investigate and deal with cases that infringe upon the patent rights of key technologies and cases that had widespread repercussions. They have also conscientiously investigated and dealt with infringements and counterfeits of patent rights of inventions, utility models and exterior designs. All subsidiary departments under the State Intellectual Property Office were mobilized to participate in the campaign.
IV. Copyright Protection
China's legal system for copyright protection was gradually established in the 1990s, with the implementation of the "Copyright Law" as a hallmark in this process. In recent years, China has made revisions to the "Copyright Law." It has also promulgated a number of regulations with legal effect, such as "Regulations on the Protection of Computer Software," "Regulations for the Implementation of the Copyright Law," "Procedures for the Implementation of Administrative Sanctions Concerning Copyright," and "Regulations on the Collective Management of Copyright." The promulgation and implementation of these legal documents have laid a solid legal foundation for copyright protection.
At present, China has formed a three-level copyright administrative management system: the State Copyright Bureau, copyright bureaus at the provincial level and the prefectural (city) level. Governments of various provinces, autonomous regions and municipalities directly under the central government have constantly consolidated their copyright administrative management departments and made improvements to the system of copyright administrative management and law enforcement.
Source: Information Office of the State Council of the People's Republic of China
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