Intellectual Property in China:Part 1

IP Protection is an important aspect of China's reform and opening. As part of building up their legal system, China has enhanced IP protection in keeping with international practices. Since the 1980's, many achievements have been made in IP legislation and enforcement.

China has entered into relevant international treaties and participated in activities hosted by international organizations, thus strengthening communications and cooperation with various countries in the field of IP.

China's Legal System for IP Protection

From 1982, based on its existing laws for IP Protection, China has rarified major laws, rules and regulations relevant to IP.

1. The TRADEMARK LAW was formulated in August 1982, amended in 1993 and again in 2001

2. In 1984, China promulgated the patent law, amended in 1992 and again in 2000

3. The COPYRIGHT LAW was enacted in September 1990 and amended in October 2001

4. The LAW AGAINST UNFAIR COMETITION was put into effect on September 2, 1993

5. Furthermore, rules related to IP Protection appeared under the general principles of the CIVIL LAW and CONTRACT LAW and CRIMINAL LAW in China.

China's Goverment has also issued a series of administrative rules and regulations relating to IP, including:

1. Protection of Computer Software (June 1991)

2. Customs Protection of IP Rights (October 1995)

3. Regulations for the protection of new varieties of plants (October 1997)

4. Regulations for the Protection of Layout Design of IC's (October 2001)

5. Regulations for the rights of communications through the 'Information Network' (July 2006)

To normalize and enforce the above mentioned rules and regulations, the Supreme Peoples' Court issued judicial interpretations,  including:

1. Provisions for the Application of Law to Stopping Infringement of Patent Right before instituting Legal proceedings

2.Interpretation of issues for application of Law to Pretrial Suspension of Acts of Infringementof Exclusive Right to Trademark and Evidence Preservation

3. Interpretation of issues for application of Law to Handling Disputes relationg to Computer Network Copyright

4. Interpretation of issues for application of Law to Handling Disputes relating to Technology Contracts

5. The Supreme Court and the Supreme Procuratorate jointly issued three judicial interpretations on issues of IP Crime to significantly lower the threshold for punitive sanctions and clarified standards for sentencing on IP crimes.

Go to www.ipr.gov.cn for a list of IP Protection Centers throughout China