SCIO briefing on Report on the Latest Development of IPR Protection and Business Environment in China (2020)

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China Financial and Economic News:

Strengthening IPR protection is an important means for China to promote scientific and technological innovation, and realize self-reliance and self-improvement in science and technology. What do you think of the role that China's increased IPR protection efforts have played in recent years in promoting scientific and technological innovation and improving its business environment? Thank you.

Mao Jinsheng:

Thank you for your question. By implementing the important instructions made by General Secretary Xi Jinping, as well as decisions and deployments made by the CPC Central Committee and the State Council, and following the directive for intensified protection of IPR which was jointly issued by the General Office of the CPC Central Committee and the General Office of the State Council, the NIPA has improved IPR protection significantly over the past year.

First, we have stepped up efforts to coordinate relevant work regarding IPR protection. The NIPA has worked with relevant departments to study and draft a plan for implementing the Opinions on Strengthening the Protection of Intellectual Property Rights in 2020-21, listing 133 key tasks in detail. It has been issued by the General Office of the CPC Central Committee and the General Office of the State Council. We have established and improved a system in a bid to facilitate communication, information exchange and performance evaluation, and helped local Party committees and governments improve their IPR protection systems in terms of industrial self-discipline, examination and authorization, as well as mediation and arbitration. As many as 30 provinces, autonomous regions and municipalities nationwide have issued their own follow-up policies for implementing the Opinions as of April, thus further clarifying their own responsibilities. 

Second, the legal system for protecting IPR has been further tightened. We have cooperated with relevant departments to complete the fourth revision of the patent law, and established a punitive compensation system for infringements. We also set up the drug patent term compensation system and the early settlement mechanism for drug patent disputes. The protection term for design patents has been extended. In addition, we have stepped up efforts to revise the rules for implementing the patent law, and ensure the revision of relevant systems, including the Guidelines for Patent Examination, Measures for Administration of Trademark Agency, as well as the protection measures for official logos and relevant regulations regarding the protection of geographical indications.

Third, we have further clarified standards for law enforcement and IPR protection, and issued five standard guidelines, such as those for the administrative mediation of patent disputes and standards for judging trademark patent infringement. We are exploring the establishment of a working system to judge and test disputes over IPR infringement, to unify our standards for law enforcement. In 2020, the IPR authorities across the country handled more than 42,000 administrative adjudication cases related to patent infringement disputes, an increase of 9.9% year on year. 

Fourth, the coordinated protection mechanism has been further improved. We have continued intensifying efforts to establish an efficient and coordinated protection mechanism. A total of 40 IPR protection centers and 22 fast-track IPR protection centers which allow rights owners to safeguard their rights more efficiently had been established nationwide by the end of 2020. We have worked with the Supreme People's Court to launch an online mediation and litigation mechanism for IPR disputes. We have ensured that the National Overseas IP Dispute Response and Guidance Center will work efficiently, and helped them set up 10 local sub-centers across the country.  

Fifth, we have enhanced publicity over IPR protection. We have increased publicity on typical cases of IPR administrative law enforcement, as well as patent reexamination/invalidation cases. In the wake of public concerns and focusing on the special tasks of the fight against malicious trademark filings related to the ongoing pandemic, we have launched a series of campaigns to raise people's awareness. We have also organized activities to improve public awareness of laws, and explained relevant laws, regulations and policies regarding IPR protection in a timely manner. 

The achievements in IPR protection have been widely recognized among social sectors over the past year, with the score of social satisfaction on IPR protection reaching 80.05 points. China ranked 14th in the 2020 Global Innovation Index report released by the World Intellectual Property Organization (WIPO). Going forward, we will continue to implement the decisions and deployments made by the CPC Central Committee and the State Council calling for intensified IPR protection, and further improve the business environment to better meet the needs of high-quality social and economic development. Thank you.

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