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

2. 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

3. 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

4. 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

5. 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

6. History of China’s IP System
Development Phases
Phase 1
Phase 5
Phase 4
Phase 3
Phase 2
5 development phases

7. History of China’s IP System
Development Phases
Joining WIPO
System establishment
Phase 1
Phase 5
Phase 4
Phase 3
Phase 2
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)

8. 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
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

9. 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
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

10. 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
Phase 4 Cross-department, multi-layer three-dimensional working pattern
Cross-departmental, multi-layered, and three-dimensional working pattern

11. 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
Phase 5
IP related laws and regulations are being revised

12. 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

13. 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

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

15. 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

16. 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

17. 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.

18. 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

19. 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

20. 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:

21. 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

22. 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

23. 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

24. 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

25. Latest Developments of IP in China
Implementing quality improvement project
, 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

26. 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
, 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.
, 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

27. 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

28. Latest Developments of IP in China
Overview of SIPO 28 28

29. 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

30. 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。

31. 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)

32. Latest Developments of IP in China
Statistics
Total
Home
Abroad
PCT
Invention
Utility Model
Design
2015
159054
30548
569059
2016
159599
44992
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.

33. 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

34. Thank you for your attention!