中国知识产权保护的新进展英文

1、New Progress in China's Protection of IPR 2005-04-21 10:52:36    BEIJING, April 21 (Xinhuanet) - The Information Office of China's State Council on Thursday issued a white paper titled New Progress in China's Protection of Intellectual Property Rights. The following i

2、s the full text of the document:          New Progress in China's Protection of Intellectual Property Rights     Information Office of the State Council of the People's Republic of China     April 2005, Beijing &

3、#160;        Contents     Foreword     I. Basic Situation of the Protection of Intellectual Property Rights     II. Patent Protection     III. Trademark Protection    

4、60;IV. Copyright Protection     V. Intellectual Property Rights Protection for Audio and Video Products     VI. Protection of New Varieties of Agricultural and Forestry Plants     VII. Customs Protection of Intellectual Property Rights 

5、0;   VIII. Public Security Organs Act on Criminal Infringement on Intellectual Property Rights     IX. Judicial Protection of Intellectual Property Rights     Conclusion          First Edition 2005  &

6、#160;  China Internet Information Center     Home Page:          E-mail:               ISBN 7-80148-818-0     Published by New Star Publishers  &

7、#160;  24 Baiwanzhuang Road, Beijing 100037, China     Distributed by China International Book Trading Corporation     35 Chegongzhuang Xilu, Beijing 100044, China     P.O. Box 399, Beijing, China     Printed i

8、n the People's Republic of China New Progress in China's Protection of IPR 2005-04-21 10:52:36Foreword     The intellectual property system is a basic legal system that promotes mankind's economic development, social progress, scientific and technological innovation,

9、and cultural prosperity. As science and technology is developing rapidly worldwide and the pace of economic globalization is accelerating, the status of the intellectual property system in economic and social life has reached a historical high. The protection of intellectual propertyrights (IPR) has

10、 drawn wide attention of the international community.     China is a country with a long history of civilization. Over the past several thousand years, vast numbers of outstanding Chinese scientists, inventors, men of letters and artists have made enormous contributions to mankin

11、d's development and progress with their splendid intellectual achievements. The Chinese government and people are keenly aware of the value of inventions,creations, and science and technology.     The IPR protection system was established at a comparatively late date in China

12、, but has developed rapidly. Major progress has been made in IPR protection since the late 1970s, when China initiated the reform and opening-up policies. An IPR system has been gradually established, and is promoting healthy economic development and overall social progress. In order to help the int

13、ernational community have a better understanding of the real situation regarding China's IPR protection and make a proper judgment, we hereby give a brief introduction to and explanation of related issues. I. Basic Situation of the Protection of Intellectual Property Rights   

14、0;China has always adopted a responsible attitude to actively promoting IPR protection. While adhering to the international rules on IPR protection, China has decided on a level of IPR protection appropriate for its own national situation, and made great efforts to balance the interests among intell

15、ectual propertycreators, users and the general public, so as to create a benign circle for the creation and use of intellectual property.     Major progress has been made on IPR protection in China over the past years thanks to concerted efforts made by people from allwalks of li

16、fe.     - A relatively complete system of laws and regulations that covers a wide range of subjects and is in line with generally accepted international rules has been established and keeps improving. Since the 1980s, the state has promulgated and put intoeffect a number of laws

17、and regulations covering the major contents in IPR protection. These include the "Patent Law of the People's Republic of China," "Trademark Law of the People's Republic of China," "Copyright Law of the People's Republic of China," "Regulations on the Pr

18、otection of Computer Software," "Regulations on the Protection of Layout Designs of Integrated Circuits," "Regulations on the Collective Management of Copyright," "Regulations on the Management of Audio-Video Products," "Regulations on the Protection of New Va

19、rieties of Plants," "Regulations on the Protection of Intellectual Property Rights by the Customs," "Regulations on the Protection of Special Signs," and "Regulations on the Protection of Olympic Logos." China has also promulgated a series of relevant rules for the

20、 implementationof these laws and regulations, and their legal interpretation. As a result, the system of laws and regulations on IPR protection in China has been continuously improved. In 2001, around the time when China was admitted into the WTO, in order to provide effective legal protection to IP

21、R, the country made comprehensive revisions to the laws and regulations regarding IPR protection andtheir legal interpretation. While more emphasis is given to promoting the progress of science and technology and innovation with regard to legislative intent, content of rights, standards ofprotection

22、 and means of legal remedy, the revisions brought the laws and regulations into conformity with the WTO's "Agreement on Trade-related Aspects of Intellectual Property Rights" and other international rules on IPR protection.     - A coordinated and efficient work sys

23、tem and a law enforcement mechanism have been established and improved. In its practice of IPR protection, a two-way parallel protection mode, namely, administrative and judicial protection, has emerged in China. Several departments in China are assigned with the duty to protect IPR. They include pr

24、imarily the State Intellectual Property Office, State Administration for Industry and Commerce, Press and Publication General Administration, State Copyright Bureau, Ministry of Culture, Ministry of Agriculture, State Forestry Administration, Ministry of Public Security, General Administration of Cu

25、stoms, Supreme People's Court and Supreme People's Procuratorate. For many years these departments have doneeffective work in their respective fields. To further strengthen IPR protection, in 2004 China established the State IPR ProtectionWork Team headed by a vice-premier of the State Counc

26、il, responsible for planning and coordinating the work regarding IPR protection throughout the country. Its office, located in the Ministry of Commerce, handles the routine work of the team.     In recent years, the state has increased work contacts between administrative law enf

27、orcement organs and public security organs and people's procuratorates with respect to IPR protection. In October 2000, the relevant departments jointly issued the "Notice on Strengthening Cooperation and Coordination in the Work of Investigating and Dealing with Criminal Cases that Infring

28、e Intellectual Property Rights," which contains clear provisions on relevant issues. In July 2001, the State Council promulgated the "Regulations on the Transfer of Suspected Criminal Cases by Administrative Law Enforcement Organs," which includes clear provisions on how the administr

29、ative law enforcement organs shouldtransfer suspected criminal cases to public security organs in a timely fashion. In March 2004, the relevant departments jointly issued the "Opinions on Increasing Work Contacts between Administrative Law Enforcement Organs and Public Security Organs and Peopl

30、e's Procuratorates." A work mechanism involving the coordination of administrative law enforcement and criminal law enforcement has been established, creating a joint power to deal with IPR infringements. This ensures that suspected criminal casesenter the judicial process promptly. In rece

31、nt years, the judicialorgans have adjudicated a large number of IPR infringement cases according to law. In civil cases, the infringed parties have received timely compensation for their financial losses, and IPR-related crimes have been effectively combated.  - Administrative law enforcement h

32、as been strengthened in IPR protection. As gradual improvements are made in the legal system on IPR protection, China has shifted its focus from legislation tolaw enforcement. Administrative law enforcement has been enhanced through the combination of routine management and supervision withspecial c

33、rackdown campaigns. In August 2004, the Chinese government decided to launch a special one-year campaign to protect IPR across the country from September 2004 to August 2005.It was decided at the national TV and telephone conference on rectification and standardization of the market economic order c

34、onvened by the State Council on March 31, 2005 that the campaign was extended to the end of 2005. With unified planning, the relevant departments have investigated and dealt with major IPR infringement cases, focusing on major fields in the protection of trademark rights, copyrights and patent right

35、s, on major links in the import and export of goods, all types of exhibitions and wholesale markets of commodities, and on key places where producers and sellers of counterfeit goods were known to be concentrated. Their quick action and strict law enforcement efforts have dealt a blow on IPR offende

36、rs, achieving positive results.     - Efforts are being made to heighten the awareness of the general public about IPR. The Chinese government attaches great importance to publicity concerning IPR. Beginning in 2004, the state designated the week from April 20 to 26 every year as

37、 the "week for publicizing the importance of IPR protection." By making wide use of newspapers, magazines, television, radio and the Internet, and through holding seminars and knowledge contests, andmaking public interest advertisements, the government carries out publicity and education a

38、mong the general public regarding IPR protection. The aim is to create a social atmosphere in which labor, knowledge, talent and creation are respected, and heighten the awareness of the general public regarding IPR.     - Actively fulfilling the international obligations to prot

39、ectIPR. China has taken an active approach to joining major international conventions and agreements on IPR protection. Following its accession to the World Intellectual Property Organization in 1980, China joined in succession more than ten international conventions, treaties, agreements and protoc

40、ols, such as the "Paris Convention for the Protection of Industrial Property," "Patent Cooperation Treaty," "Budapest Treaty on the International Recognition of the Deposit of Microorganisms for thePurposes of Patent Procedure," "Locarno Agreement Establishing an I

41、nternational Classification for Industrial Designs," "Madrid Agreement Concerning the International Registration of Marks," "Nice Agreement Concerning the International Classification of Goods and Services for the Purpose of the Registration of Marks," "Protocol Relatin

42、g to the Madrid Agreement Concerning the International Registration of Marks," "Agreement on Trade-related Aspects of Intellectual Property Rights," "International Convention for the Protection of New Varieties of Plants," "Berne Convention for the Protection of Literar

43、y and Artistic Works," "Universal Copyright Convention," and "Convention for the Protection of Producers of Phonograms Against Unauthorized Duplication."     While strictly executing its international obligations in IPR protection, China has devoted great

44、 efforts to adjusting and improving international rules regarding IPR protection in order tolet all countries of the world share the fruits and benefits brought about by the progress of science and technology. In recentyears, China has held talks, and engaged in exchanges and cooperation with other

45、countries, international organizations and foreign-invested enterprises in the field of IPR. At the suggestion of the United States, starting in 2003, China and the US have held a round-table conference on IPR every year, and reached agreement on many IPR-related issues at the two round-table confer

46、ences. In 2004, China and European Union held their first round of talks on IPR in Beijing. Initial agreement was reached between the two sides on matters of cooperation related toIPR. Relevant Chinese departments have established good cooperative relations with corresponding departments in several

47、countries, and international organizations such as World Intellectual Property Organization and International Union for theProtection of New Varieties of Plants. In September 2003, a mechanism was established for regular contact and coordination between relevant Chinese departments and foreign-inves

48、ted enterprises. Under the mechanism, a meeting is held every three months to solicit comments and suggestions from the foreign-invested enterprises on issues related to IPR protection. II. Patent Protection    With the establishment of the China Patent Office in 1980, China'

49、s patent work has developed continuously over 25 years. In April 1, 1985, the "Patent Law of the People's Republic of China" went into effect. Following that, China promulgated several patent-related laws and regulations, such as the "Rules for the Implementation of the Patent Law

50、," "Regulations on Patent Commissioning," "Procedures for the Administrative Enforcement of Laws Concerning Patents," and "Regulations on the Implementation of Customs Protection of Patent Rights." China has twice made revisions to the "Patent Law" in the

51、 light of the requirements of social and economic development so as to enable it to improve continuously.     By mainly relying on its own resources, China has established arelatively complete and independent patent examination system in ashort period of time. On January 1, 1994,

52、 China became a member state of the "Patent Cooperation Treaty." The China Patent Office is China's agency dealing with cases involving the Patent Cooperation Treaty, performing international patent searches and preliminary examinations. Meanwhile, China has established a fairly compre

53、hensive system for patent work. Relevant departments of the State Council and local governments have established patentadministrative organs in accordance with the provisions of the "Patent Law." China now has more than 5,000 people working in patent agencies, and a service system mainly p

54、roviding patent commissioning, patent information, patent technology transfer intermediary and patent technology evaluation services has taken initial shape.     China's patent work has realized leapfrogging development. FromApril 1, 1985 to the end of 2004, the State Intelle

55、ctual Property Office handled 2,284,925 patent applications with an average annual increase of 18.9 percent. Of these, 1,874,358 were domestic applications, and 410,567 came from other countries, accounting for 82 and 18 percent, respectively. Patent applications in China had exceeded two million by

56、 March 17, 2004. It took China 15 yearsfor patent applications to reach one million. But it took only four years for the number to double. In 2004, the State Intellectual Property Office handled 353,807 applications, an increase of 14.7 percent over the previous year, which saw 308,487applications.

57、Of these, 278,943 were domestic applications, accounting for 78.8 percent of the total and an increase of 11 percent over the previous year, which saw 251,238 applications. Foreign applications numbered 74,864, accounting for 21.2 percent of the total and an increase of 30.8 percent over the previou

58、s year, which saw 57,249 applications. From 1994 to 2004, the State Intellectual Property Office handled, in total, 7,131 international applications for patent rights, of which 1,592 such applications were handled in 2004. International patent applications that entered China via the channel of the P

59、atent Cooperation Treaty totaled 157,770. Of these, 32,438 applications were submitted in 2004. By the end of 2004, the State Intellectual Property Office had approved 1,255,499 patents. Of these, 1,093,268 were domestic ones,and 162,231 were from other countries, accounting for 87.1 and 12.9 percen

60、t of the total number of approved patents, respectively. The numbers of invention patents, utility model patents and exterior design patents that had been approved were 185,412, 651,224 and 418,863, accounting for 14.8, 51.9 and 33.3 percent respectively. In 2004, the State Intellectual Property Off

61、ice approved 190,238 patents, an increase of 4.4 percent over the previous year, which had 182,226. It approved 151,328 domestic patents, an increase of 1.2 percent, compared with 149,588 in the previous year. At the same time, it approved 38,910 foreign patents, an increase of 19.2 percent over the

62、 previous year, whichsaw 32,638.  The "Regulations on the Protection of Layout Design of Integrated Circuits" went into effect in China on October 1, 2001.By the end of 2004, the State Intellectual Property Office had received 682 applications for the registration of layout design ofi

63、ntegrated circuits. It registered 571 of them, and issued relatedpublic notices as well as certificates to the applicants. In 2004 alone, the State Intellectual Property Office received 244 applications for the registration of layout design of integrated circuits. It registered 205 of them, and issu

64、ed related public notices as well as certificates to the applicants.     In recent years, patent administration departments at all levels have strengthened administrative enforcement of the law in this respect. In particular, they have launched crackdowns on infringements of patent rights of food and medi