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How to Protect Your Innovations in China Liu, Shen & Associates MIP Patent Forum London, April 5-6, 2011
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Emerging Market - China Fast growing economy, as well as Legal Institutions, especially Intellectual Property Laws
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Emerging Market - China 2008: first National Intellectual Property Strategy 2009: the new Patent Law of China came into force (after 3 rd amendment) 2011: Implementing the intellectual property as a “national strategy” during the 12 th five-year plan,
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National IP Strategy Premier Wen Jiabao pointed out: (we shall) “implement National IP Strategy constantly; improve the ability of creating, applying, protecting and managing IPR; stimulate the innovative vitality of the entire society.” —Government Work Report on the Eleventh National People’s Congress
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National IP Strategy Premier Wen Jiabao pointed out: (we shall)“Vigorously promote the technological innovation; accelerate the implementation of the national major technological projects; achieve breakthrough for a series of core technologies; improve the ability of significant integrated innovation; strengthen fundamental researches and the researches of frontier technologies; upgrade the original innovative ability; promote the establishment of a technology research and innovation system led by enterprises.” —Government Work Report on the Eleventh National People’s Congress
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National IP Strategy Fundamental Purpose Inject nurture to China’s Core Competencies Accelerate the development of China’s Core Competencies Prime Mission: to significantly improve the ability of creating and applying China’s independent IPR. Core Mission: to accelerate the industrialization of the innovative achievements with independent IPR, thereby realize their economic value and social value.
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National IP Strategy Core Directions to significantly upgrade the level of creating, applying, protecting and managing IPR to accelerate the industrialization of innovative achievements with independent IPR to nurture and develop the national core competencies It can be expected that, during the period of “12 th Five-Year Plan”, IP Service Industry will accomplish a rapidly development and form to a certain scale with extended service scope, innovated service means and upgraded service value.
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Opportunity & Challenge China reshaping a manufacturing country to an innovative country
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Intellectual Property Data Collections The SIPO: The world 2nd biggest filing office 1.2 million new patent applications in 2010
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Intellectual Property Data Collections In 2010, IP Civil Cases at the first instance received by local people’s courts: 42,931 (up by 40.18% over last year ) IP Civil Cases at the first instance concluded by local people’s courts : 41,718 (up by 36.74% over last year) Patent cases at the first instance received by local people’s courts: 5785 (up by 30.82% over last year)
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Intellectual Property Data Collections During the “11 th Five-Year Plan” Patent Agency: 801 up to February 28, 2011, 38 more than the number of February 2010; the growth rate is 5%. Patent Attorney: 6450 up to February 28, 2011, there are 6450 patent attorneys registered in China, 411 more than the number of February 2010; the growth rate is 7%.
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Liu, Shen & Associates www.liu-shen.com MIP Patent Forum London, April 5-6, 2011
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