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Introduction of China's intellectual property system (2) |
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09:17, June 14, 2008 |
Since the end of 20th Century, the knowledge-based economy has seen rapid development. More than half of the GDP of the Organization for Economic Cooperation and Development (OECD) member states comes from knowledge-based industries. In 2006, IP made up more than one third of the U.S. enterprise' value, almost equivalent to half of the U.S. GDP. It's widely acknowledged that economic development of countries such as the U.S. was greatly enhanced by innovation. Consequently, IPRs have become an important issue of international trade. Therefore, a large number of countries have shown increasing concerns about intellectual property rights (IPRs). For instance, Japan implemented an IP strategy in 2002.
Over the years, the Chinese government has been devoted to promoting industrial innovation. The innovative ability of Chinese enterprises has greatly improved. Since 2003, the growth rate of Patent Cooperation Treaty (PCT) patent application has ranked first globally. Statistics show domestic patent applications have increased nearly 20-fold since the 1990s. This means if infringement occurs, Chinese companies are also victims. Hence they have raised higher demands for IPrs protection. At present, more than 90 percent of IP lawsuits are filed by domestic enterprises. Therefore, it's imperative for China to maintain a fair market, which protects IPRs and inspires innovation.
China hereby began to formulate its own IP strategy in 2005, and it has recently been promulgated. In order to address concerns of trade partners, China has solicited comments and suggestions from various governments and industries.
As for China, the implementation of the IP strategy is a milestone. It shows the country's resolution to strengthen protection of IPRs and is of great significance to China and its trade partners. It is China's strategic goal to promote innovation and economic and social development. The strategy aims to improve the legal system and policies so as to build a desirable mechanism to create, use, protect and manage IPRs, especially to boost IP productivity and usage to enhance core competitiveness.
It's hoped that via the implementation of the strategy, all innovations will be respected and more wealth will be created. It's also hoped that the country will be turned into a dreamland for inventors and innovators from around the world.
First, Chinese IP law and public policies will be optimized. The amendment of the Patent Law, Trademark Law and Copyright Law has been listed in our agenda. We plan to legislate on the protection of Genetic Resources, Traditional Knowledge and Folklore, ensure the rights of Reasonable Use in case of education and R&D and formulate IP-related policies conducive to the development of relevant industries and regions. We share the view with the U.S. Supreme Court that the abuse of IPRs will be prohibited. In order to ensure sufficient market competition and guarantee consumers' rights and interests, an anti-abuse law is highly required.
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