Pirates beware

China's State Council earlier this month approved new guidelines to further crack down on the intellectual property and product piracy problem.

The Guidelines of the National IPR Strategy, drafted by the State Intellectual Property Office and other government departments, were approved at an executive meeting of the State Council overseen by Premier Wen Jiabao.

According to a statement from the meeting, the strategy will intensify efforts to crack down on the infringement of intellectual property rights, safeguard the legal rights of the public, strengthen international cooperation and adherence to international practices, and increase efforts to raise awareness of intellectual property issues among the public.

It points out that intellectual property rights are a focus for international economic competition and competition among enterprises. The State Council vowed to perfect the country's intellectual property system, encourage creative activity and stimulate innovation. Efforts will be made to encourage and support enterprises to create and use original intellectual property, says the statement.

It's the latest anti-piracy effort by Beijing which has previously launched a number of campaigns to crack down on crimes related to the infringement of copyrights, trademarks and patent rights.

The guidelines began to be mapped out in July 2005. Tian Lipu, head of the State Intellectual Property Office, said in January that the guidelines were vital to fully implementing the country's intellectual property rights system and promoting the development of economy and science.

Organizations for guiding the implementation of the guidelines were set up in 17 provinces, autonomous regions and municipalities. Guangdong, Guizhou, Shandong and Shanghai have already issued their own strategies, according to Tian.

The government will set up about 40 service centers for IPR protection. The centers will provide consultation and financial support for those unable to afford to pursue cases.

The guidelines of the National IPR strategy formulation and its implementation are:

Serving China's general social and economic plan and being actively involved in the national social and economic development process. Those involved in developing IPR strategy should closely coordinate with other government departments in the cultural, diplomatic, economic, science and trade sectors in order to promote China's sustainable development and national interests.

Enforcing IPR protection in a way that deals carefully with various kinds of relations. China's IPR system should be well balanced in promoting technical innovation and IPR transfers, in protecting IPR and safeguarding the public health and overall interests, and in protecting the interests of patentees as well as the interests of users, consumers and the general public.

Fully considering China's social and economic level and the needs of its development in regard to IPR protection; paying full respect to international practice while being fully aware of China's reality, and fully considering future needs and how to attract more advanced IP and know-how from abroad.

The relevant laws and regulations should be developed with the types and extension of IPR protection in mind and so as to ensure that IPR protection fully meets the realities of the country's production level and the needs of its future development.

Giving prominence to the main issues in IPR and paying close attention to coordinated development in recognition of the imbalance between different regions, industries and IP fields, and the differing targets in different periods. It is necessary to make a close study of the rules of IPR while paying attention regarding hot and crucial issues.

Giving equal attention to IPR protection and the ability of IPR creation and utilization, so as to establish a smooth, balanced and positive cycle from IPR creation to protection and utilization.

Main duties and measures include:

Optimizing a favorable and sound IPR legal environment, speeding up construction of the IPR legal system and further IPR protection with effective means;

Stimulating China's independent innovation, and upgrading IP quantity as well as quality;

Expediting industrialization of IPR, and the building of an IPR mediation system;

Further enhancing the law enforcement, and crack down on IP infringement, lower the cost of legal assistance while enlarging the punishment for infringement;

Maintaining a healthy competing market order and protect the rights of the public;

Enhancing the international cooperation, actively participate in the establishment of international IP regulations, follow the international rules and promote the legal use of inventions;

Enforcing the publicity work of IPR and increase the public awareness of the issue.

SIPO.gov.cn and Xinhua contributed to the story

(China Daily 04/21/2008 page9)