In recent years, China has made significant progress in its
efforts to provide better protection for intellectual property
rights. By developing a series of institutional systems and
regulations, the country has enhanced its ability to tackle
copyright violations, improved international cooperation, and
boosted awareness of the need for IPR protection among the
public.
In 2006, the country further enhanced its image as a responsible
nation, with its entry into two international IPR-related treaties,
the implementation of a new law and the draft and revision of more
than 10 regulations and judicial interpretations.
China pledges to strengthen position on IPR
issues
On May 26, the Chinese government pledged to strengthen the
country's handling of IPR issues. President Hu Jintao called for
the country to become more innovative and he urged local
governments to pay attention to IPR related issues and list them at
the top of their agendas.
Entry into the World Intellectual Property Organization
Copyright Treaty and the WIPO Performances and Phonograms
Treaty.
Joining the treaties was said to enable the country to improve
the Internet copyright protection campaign by working with and
learning from other countries.
Outline of IPR Protection Actions (2006-07) and China's Action
Plan on IPR Protection 2006. The outline issued guiding thoughts,
objectives, requirements and important measures of IPR protection
for the two years.
The action plan, jointly released by 11 ministries, gave
concrete goals for 2006 with 160 measures in nine areas of
legislation, execution, publicity, training, international
exchanges and cooperation, special research and services for rights
holders.
Last year, all goals were well managed and received positive
results.
Progress made in formulating the national IPR
strategy
The draft was completed by the end of last year and 20 special
issues were started with conclusion and appraisals.
The strategy will help China deal with the challenges arising
out of changes in international rules on IPR and safeguard the
country's interests and economic security.
The draft is also expected to speed up the establishment of a
market environment for fair competition and improve the capability
for independent innovation.
Regulations on the Protection of the Right of Communication
Through Information Networks. It was implemented on July 1.
This regulation is formulated, in accordance with the Copyright
Law of the People's Republic of China for the purpose of protecting
the right to network dissemination of information by copyright
owners, performers, and producers of audio-visual recordings, and
of encouraging the creation and dissemination of works.
Fifty service centers for IPR protection. China has set up 50
service centers for IPR protection to receive IPR reporting and
complaints related to infringements of trademarks, patents and
copyrights. On April 26, the country opened its official website
for IPR protection: www.ipr.gov.cn, the only online channel to
accept IPR complaints and reports for the centers. The reporter or
the complainant may also call the hotline of the corresponding
region or city where the infringement happened. The hotline is code
plus 12312.
The "Shanghai Initiative" called for joint efforts between China
and the global community.
The "Shanghai Initiative" was signed between China and the
European Union, the United States and five other countries during
the China Forum on IPR Criminal Protection 2006 in Shanghai on
April 1, 2006.
The document pledged to improve information exchanges and joint
campaigns to uproot the production, storage, export and import, and
sales of pirated products.
The joint initiative also called for more exchanges and
cooperation in the judicial system against transnational
crimes.
Three million patent applications
The number of patent applications surpassed 3 million on June
27, 2006. Patent quality is also increasing.
Anti-piracy campaign
Last July, eight ministries started a 100-day long national
campaign on cracking down pirated CDs, DVDs and software
products.
The campaign has targeted producers, distributors or smugglers
of illegal publications. Through late October, the departments had
confiscated more than 58 million pieces of pirated CDs, DVDs, books
and software. They have also stopped four illegal disc production
lines and handled more than 10,000 cases.
The Markman Order in the Sino-US IPR
dispute
After two years, a United States court issued a Markman Order
last June to settle a dispute between General Protecht Group in
East China's Zhejiang Province and US-based Leviton. According to
the order, the court accepted the claims of defendant General
Protecht that its products are beyond the scope of Leviton's
patent. In other words, General Protecht's products do not violate
Leviton's patent rights.
In April 2004, Leviton filed several patent infringement
lawsuits against General Protecht's clients in the United States
claiming that the latter's products violated its patent rights.
(China Daily April 21, 2007)