China's Action Plan on IPR Protection 2006
Updated: 2007-04-24 08:38
I. Legislative Plan
1. To accelerate the study on revising the Trademark Law and complete the drafting of the revision.
2. To accelerate the formulation of the Regulations on Trademark Agents and prepare well for the implementation of the Regulations.
3. To strengthen the study on the hotspot and difficult issues in trademark law enforcement, accelerate the formulation of the Opinions on Several Issues concerning Trademark Administrative Enforcement, and solve common problems in trademark law enforcement.
4. To study the conflict between trademarks and names of enterprises and accelerate the formulation of the Regulations on Handling the Conflict between Trademarks and Names of Enterprises.
(II). To draft, formulate and revise a part of laws and regulations in relation to patent protection
1. To accelerate the formulation of the Measures on Remuneration of Radio and Television Statutory Licensing.
2. To accelerate the formulation of the Regulations on the Copyright Protection of Folk Literature and Artistic Works.
3. To ensure the Measures on Voluntary Registration of Works will be formulated well.
4. To accelerate the formulation of the Regulations on the Protection of the Right of Communication through Information Network in order to protect the right of communication through information network and encourage the spread of good works, performance and sound/visual recordings through information network to the general public.
(III). To draft, formulate and revise a part of laws and regulations in relation to patent protection
1. To revise the Regulations on Patent Agency in order to standardize the conduct of patent agents, safeguard the normal order of the patent agency industry, and protect the legitimate rights and interests of interested parties.
2. To revise and issue the Guide on Patent Review, and edit, publish, and publicize the Guide on Patent Review and translate it into English.
3. To shape up the proposal on the third revision of the Patent Law by widely soliciting the opinions and suggestions from relevant departments of the State Council, the business community, public institutions, universities, academic research institutes and patent agents on the basis of completing the research on the third revision.
(IV). To formulate and implement the Outline of IPR Protection Action.
To observe the overall requirement of tackling problems both on the surface and at the root, to identify key industries and areas, to set periodic goals pertaining to weak aspects, to define missions of strengthening law enforcement, fighting illegalities and crimes, and long-term mechanism for promoting legal construction, building enforcement teams, and intensifying publicity and education, and to improve the IPR protection system where administrative protection, judicial protection, safeguarding of rights by right holders, self-discipline of industries, intermediary services organizations, and public supervision function collectively.
(V). To improve various rules and systems related to customs' IPR protection and formulate regulations like the Measures on Master Guarantee.
(VI). To formulate and revise a part of laws and regulations in relation to pharmaceutical IPR protection.
1. To continue to cooperate with relevant departments to revise the Regulations on Varieties of Chinese Traditional Medicines.
2. To continue the revision of the Implementing Rules of the Regulations on Administrative Protection of Pharmaceuticals.
(VII). To formulate and implement the Regulations on IPR Protection at Fairs and Exhibitions.
In order to reinforce IPR protection during fairs and exhibitions, maintain the order of the exhibition and convention industry, and promote the healthy development of the industry, the Ministry of Commerce, the State Administration of Industry and Commerce, the National Copyright Administration, the State Intellectual Property Office will jointly formulate the Regulations on IPR Protection at Fairs and Exhibitions, requesting departments administering fairs and exhibitions to reinforce the coordination, supervision and inspection for IPR protection at fairs and exhibitions in order to maintain the normal order of the fairs and exhibitions.
(VIII). To strengthen research and study, improve judicial interpretation, and solve the problems concerning law application in trials.
1. to issue the following four judicial interpretations at an early date on the basis of furthering research and soliciting opinions:
(1) Interpretation of the Supreme People's Court on Several Issues Concerning the Laws Applicable for Civil Dispute Cases of Unfair Competition.
(2) Interpretation of the Supreme People's Court on Several Issues Concerning the Laws Applicable for Cases of Infringing the Right of New Plant Species.
(3) Interpretation of the Supreme People's Court on Several Issues Concerning the Laws Applicable for Civil Dispute Cases of Conflicts of Intellectual Property Rights.
(4) Interpretation of the Supreme People's Court on Several Issues Concerning the Laws Applicable for Civil Dispute Cases of Music Video Copyright.
2. To ensure a rapid and effective drafting and revision of the Interpretation of the Supreme People's Court on Several Issues Concerning the Laws Applicable for Determination of Patent Infringement in order to solve outstanding problems of law application in trials.
3. To improve the Interpretation on Several Issues of Specific Application of Laws in Handling Criminal Cases of IPR Infringement jointly issued by the Supreme People's Court and the Supreme People's Procuratorate so as to provide the legal ground for combating crimes of infringing intellectual property rights. To review the enforcement of Interpretation on Several Issues of Specific Application of Laws in Handling Criminal Cases of IPR Infringement over the past year and make prompt clarification or further interpretation on problems in trials and practice, particularly problems like the calculation of the value of illegal business operation, crimes committed by units and repeated counterfeiting.