Latest Developments of Intellectual Property in China Dr. He Zhimin 6 April, 2017 Vilnius, Lithuania

Outline Background of Establishing China’s IP System History of China’s IP System Main Characteristics of China’s IP System Administration of China’s IP System Latest Developments of IP in China

Outline Background of Establishing China’s IP System History of China’s IP System Main Characteristics of China’s IP System Administration of China’s IP System Latest Developments of IP in China

Background of Establishing China’s IP System The modern IP system in China, as a product of China’s reform and opening up policy, has been developing since 1978. Establishing IP organizations Promulgating a series of IP related laws Acceding to a series of international IP Treaties and Conventions

Outline History of China’s IP System Background of Establishing China’s IP System History of China’s IP System Main Characteristics of China’s IP System Administration of China’s IP System Latest Developments of IP in China

History of China’s IP System Development Phases Phase 1 Phase 5 Phase 4 Phase 3 Phase 2 1980 1990 2001 2008 2015 5 development phases

History of China’s IP System Development Phases Joining WIPO System establishment Phase 1 Phase 5 Phase 4 Phase 3 Phase 2 1980 1990 2001 2008 2015 Phase 1: in 1980, China joined WIPO… promulgated and implemented the Trademark Law and the Patent Law and the Copyright Law. Trademark Law (1982), Patent Law (1984), Copyright Law (1990)

History of China’s IP System Development Phases Joining WIPO Joining WTO, TRIPS System establishment WTO entry adjustment Phase 1 Phase 5 Phase 4 Phase 3 Phase 2 1980 1990 2001 2008 2015 Phase 2: In the late 1990s, around accession to WTO, China’s IP law and related regulations were further improved Trademark Law, Patent Law, Copyright Law etc. were revised

History of China’s IP System Development Phases Joining WIPO Joining WTO, TRIPS System establishment WTO entry adjustment Rapid improvement Phase 1 Phase 5 Phase 4 Phase 3 Phase 2 1980 1990 2001 2008 2015 P3: After joining WTO in 2001, the basic framework and concept of China's IP system have been fully in conformity with international rules. in conformity with international rules

History of China’s IP System Development Phases "the Outline of National IP Strategy " was promulgated Joining WIPO Joining WTO, TRIPS System establishment WTO entry adjustment Rapid improvement Cohesion and Coordination Phase 1 Phase 5 Phase 4 Phase 3 Phase 2 1980 1990 2001 2008 2015 Phase 4 Cross-department, multi-layer three-dimensional working pattern Cross-departmental, multi-layered, and three-dimensional working pattern

History of China’s IP System Development Phases "the Outline of National IP Strategy " was promulgated Joining WIPO Joining WTO, TRIPS System establishment WTO entry adjustment Rapid improvement Cohesion and Coordination System improvement Phase 1 Phase 5 Phase 4 Phase 3 Phase 2 1980 1990 2001 2008 2016 Phase 5 IP related laws and regulations are being revised

Outline Main Characteristics of China’s IP System Background of Establishing China’s IP System History of China’s IP System Main Characteristics of China’s IP System Administration of China’s IP System Latest Developments of IP in China

Main Characteristics of China’s IP System (1) Originated from Europe and the Civil Law System Extensively absorbing the essence of IP systems in various countries Considering and combining the practical situation and conditions of China Being in conformity with international rules

Main Characteristics of China’s IP System (2) Constructing diversified IPR protection patterns Dual-track IPR protection mode Judicial protection Administrative law enforcement

Main Characteristics of China’s IP System (2) Constructing diversified IPR protection patterns Diversified, comprehensive IPR protection Registration Examination and authorization Arbitration mediation Industry self-regulation Administrative law enforcement Judicial judgment

Main Characteristics of China’s IP System (2) Constructing diversified IPR protection patterns Diversified, comprehensive IPR protection Registration Examination and authorization Arbitration mediation Industry self-regulation Administrative law enforcement Judicial judgment Fast-track assistance centers IPR protection centers Fast IPR protection Strict IPR protection Revising IP related laws, increasing the highest compensation for infringement

Main Characteristics of China’s IP System (3) Single laws Comprehensive legislation In March 2017, the General Principles of Civil Law was promulgated, in which the objects of IP were made a general provision, which provides the basis for the establishment of IP law in the Civil Law.

Outline Administration of China’s IP System Background of Establishing China’s IP System History of China’s IP System Main Characteristics of China’s IP System Administration of China’s IP System Latest Developments of IP in China

Administration of China’s IP System Working mechanism of IP in China Central level SIPO Patents, IC layout designs NCAC Copyright SAIC Trademark MOA SFA New varieties of plants GAC MOST MOC etc. Other related IP work Local level Provincial, municipal, and county IP authorities Local IP policies Administrative law enforcement Public service

Administration of China’s IP System Trademark Office regulated individual cases through administra-tive means 1980s Trademark law system protection through the certification trademarks and collective trademarks 1990s Parallel protection of Trademark protection and appellation of origin protection early 2000s GI trademark protection: SAIC GI product protection: AQSIQ GI protection of agricultural products: MOA after 2008 Geographical Indications (GIs) protection in China:

Outline Latest Developments of IP in China Background of Establishing China’s IP System History of China’s IP System Main Characteristics of China’s IP System Administration of China’s IP System Latest Developments of IP in China

Latest Developments of IP in China Implementing the national strategy 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 central deployed nine power construction strategy tasks Inter-Ministerial Conference convened by State Councilor Annual Action Plan for Implementation Local strategies at 31 provinces and municipalities National IP Strategy 22 22

Latest Developments of IP in China The 13th Five-Year IP Plan was brought into the national key special planning for the first time, as one of the 22 pieces of national key special planning. The indicator of “invention patent ownership per 10,000 people” continued to be written into the outline of the national 13th Five-Year Plan, as one of 25 main indicators of economic and social development. 23 23

Latest Developments of IP in China Promoting integrated IP administration reform Integrated IP Administration Reform Pilots Program has become one of the important reform tasks deployed by the central government. Goal: to construct an integrated IP administration system To match the requirements of the National Strategy of Innovation-Driven Development To be in line with the direction of accelerating the transformation of government functions To integrate with the international rules To improve management efficiency, support innovation-driven, and promote healthy and stable economic development Shanghai Pudong and other pilots have made progress 24 24

Latest Developments of IP in China Implementing quality improvement project 2015.12, Several Opinions on Accelerating the Construction of the Nation with Strong IP Competence under the New Situation: Article 18: Improving patent quality, having core patents. 本页介绍专利质量提升工程的由来 25 25

Promoting the patent quality improvement from the whole chain Latest Developments of IP in China Implementing quality improvement project Creation Filing Representation Examination Utilization Protection 2015.12, Several Opinions on Accelerating the Construction of the Nation with Strong IP Competence under the New Situation: Article 18: Improving patent quality, having core patents. 2016.12, SIPO promulgated the Working Plan on Improving Patent Quality 本页介绍专利质量提升工程的由来 Promoting the patent quality improvement from the whole chain 26 26

Latest Developments of IP in China Promoting IP utilization 1 Beijing National platform Local pilot 1 Local pilot 2 Local pilot 3 Local pilot … Local pilot N Establishing IP operation and public service platform using “1+N” structure Supporting the establishment of key industries IP operation fund 27 27

Latest Developments of IP in China Overview of SIPO 28 28

Latest Developments of IP in China Main duties of SIPO Organization National IPR protection work drafting the five-year-plan of IP development strategy Coordination Foreign-related IP affairs, especially WIPO-related affairs Administration Standardizing the basic order of patent administration, drawing up related laws and policies Patent popularization and training work patents layout design of integrated circuit 29 29

Latest Developments of IP in China Organizational Structure and Personnel of SIPO SIPO 7 Functional Departments Subordinate Units Patent Reexamination Board Patent Office 7 sub-centers in Beijing, Jiangsu, Guangdong, Henan, Hubei, Tianjin, and Sichuan 国家知识产权局下设专利局、专利复审委员会和其他单位。

Latest Developments of IP in China Organizational Structure and Personnel of SIPO SIPO (Employees: 14770) 7 Functional Departments (87) Subordinate Units (2070) Patent Reexamination Board (302) Patent Office (2980) 国家知识产权局下设专利局、专利复审委员会和其他单位。 7 sub-centers in Beijing, Jiangsu, Guangdong, Henan, Hubei, Tianjin, and Sichuan (9331)

Latest Developments of IP in China Statistics Total Home Abroad PCT Invention Utility Model Design 2015 2798500 2639446 159054 30548 1101864 1127577 569059 2016 3464824 3305225 159599 44992 1338503 1475977 650344 Growth Rate 23.8% 25.2% 0.3% 47.3% 21.5% 30.9% 14.3% The number of domestic invention patents exceeded 1 million. “Invention patent ownership per 10,000 people” reached to 8.0. Invention patent examination period is stable, about 22 months.

Latest Developments of IP in China International cooperation WIPO Deepening friendly cooperation with WIPO MoU on voluntary donation was signed marking the establishment of WIPO China Trust Fund Multilateral IP5 ID5 BRICS countries China-ASEAN China, Japan and Korea China, Mongolia and Russia Bilateral Deepening friendly cooperation with IP institutions from various countries and districts EPO, EUIPO Continuously expanding new partnership 33 33

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