Gaining strength

Editor's note: China recently launched Compendium of the National Intellectual Property Strategy. The release of the compendium marked the formal launch of the implementation of the national intellectual property strategy.

The compendium is expected to set the basis for the proposed revision of China's outdated copyright, trademark and patent laws. The revision of the laws signifies an important milestone in China's IP history.

The compendium details seven specific tasks regarding various types of intellectual property; lists the tasks by areas of patent, trademark, copyright, business secrets, new plant varieties, and national defense; and puts forward nine strategic measures to achieve the tasks.

China Business Weekly will publish the full text of the outline in the following weeks. Below is the seventh part of the text:

5. Strengthening the Administration of Intellectual Property

Formulate and implement regional and industrial strategies on intellectual property. A mechanism for reviewing intellectual property for important economic events needs to be established and strengthened. Projects for creation and industrialization of the self-relied intellectual property need to be supported as they meet the demand of economic and social development.

More human resources are needed to administer intellectual property, professional training needs to be enhanced so as to raise the competence of personnel needs. People's governments at or above the county level may establish intellectual property administration departments in line with their respective economic and social development.

The systems for examination and registration of intellectual property need to be improved to increase capacity building, optimize procedures, improve efficiency, reduce administrative cost and upgrade the level of public services involving intellectual property.

Develop a national public service platform for basic information on intellectual property. High-quality databases of basic intellectual property information should be developed that include patents, trademarks, copyrights, layout-designs of integrated circuits, new varieties of plants and geographical indications. Accelerate the development of a common search system suitable for Chinese search practices. Agencies to test and preserve new varieties of plants need to be improved. An information platform for intellectual property related to national defense needs to be established. Guide and support the development of intellectual property information databases in various regions and sectors that meet their own needs. Intellectual property system and resource integration and information sharing need to be promoted.

Set up an intellectual property early-warning and emergency-response system. Issue report on intellectual property development trends in important sectors and work out contingency plans for disputes, conflicts or emergency situations on intellectual property that have a wide-ranging and significant impact, so that they can be dealt with in proper way and any potential damage can be controlled or reduced.

6. Developing Intermediary Services for IPRs

Improve the administration of intellectual property intermediary services, make it a self-regulated industry, and establish a system for monitoring such services, including credit information management, reputation assessment and punishment recording. The practice for IPRs appraisal needs to be further regulated to increase its credibility.

Establish a professional training system for intellectual property intermediary services, improve vocational training in intermediary services and standardize the administration of professional qualifications. The scope of services for an intellectual property agent and other employees in intermediary services needs to be clearly defined and studies on general lawyers acting as intellectual property agent need to be conducted. An intermediary service system for intellectual property related to national defense needs to be improved. Great efforts need to be made to improve the capacity of intermediary services to handle international applications for intellectual property, settle disputes and participate in international intellectual property affairs.

Strengthen the role of industrial associations and support their intellectual property work, promote intellectual property information exchange and organize a joint effort to enforce IPRs. The government should strengthen its supervision and guidance in the intellectual property work of industrial associations.

The role of the technology market needs to be strengthened and an intellectual property trading system needs to be established, which provides sufficient information, allows active trading and has an orderly environment. Trading procedures need to be simplified; the cost of trading needs to be reduced and services need to be improved.

Develop commercial intellectual property information services to meet the demands of all relevant parties for intellectual property information. All sectors of society are encouraged to invest in the development of intellectual property information and enterprises are encouraged to participate in the development and utilization of intellectual property information with potential added value.

(China Daily 08/11/2008 page9)