Nationwide counter-infringer action continues until June
China will continue its special action against infringements of IP rights and counterfeiting and selling of fake and inferior goods until the end of June instead of March, 2011, according to a notice from the General Office of the State Council.
The local governments of provinces, autonomous regions and municipalities directly under the central government are required to report their actions to the State Council and the office of the leading group of the special action (at the Ministry of Commerce) no later than July 15, 2011.
China publishes new law on intangible heritages
Chinese President Hu Jintao signed Presidential Order No. 42 to promulgate the Law on Intangible Cultural Heritages on February 25. In its attachment, the Law expressly states that any use of intangible cultural heritages which involve IP rights shall be governed by relevant laws and administrative regulations.
In case of any conflict between the Law and other laws or administrative regulations with respects to traditional medicines and traditional handicrafts and arts, such other laws or administrative regulations shall prevail. Reportedly, the draft Law has passed the 16th Session, 18th Session and 19th Session of the NPC Standing Committee. The Law will not be effective until June 1.
Release conference and trade fair on major technological achievements during 11th FYP Period
On December 26, 2010, the mainland-based China Written Works Copyright Society (CWWCS) signed a reciprocal agreement with Taiwan-based Chinese Oral and Literary Copyright Collective Management Association (COLCCMA). According to the agreement, from 2011 on, the COLCCMA will collect royalties from Taiwan’s universities and copy shops for duplicating works of mainland authors.
The reciprocal agreement implements an important practice establishing IPR cooperation between the two sides, said Fu Zhaoxiang of the COLCCMA Board. COLCCMA is a member of International Federation of Reproduction Rights Organizations (IFRRO). China said it is ready to sign any agreement of its kind with the associations of other countries and regions.
IP protection enhancement conference
On March 13, a press conference on “Enhancing IP Protection” was held at the News Center of the Fourth Session of the 11th National People’s Congress. Present at the conference were Deputy Director of the State Administration for Industry and Commerce, Mr. Fu Shuangjian; Deputy Director of the General Administration of Quality Supervision, Inspection and Quarantine, Mr. Liu Junping; Deputy Director of the General Administration of Press and Publication and Deputy Director General of the National Copyright Administration, Mr. Yan Xiaohong; Deputy Director General of the State Intellectual Property Office, Mr. He Hua; Director of the Economic Crime Investigation Division, the Ministry of Public Security, Mr. Meng Qingfeng; and Director of the Department of Treaty and Law, the Ministry of Commerce, Mr. Li Chenggang. They answered journalist questions on fake products, trademark law and copyright law.
During the 11th Five Year Plan period, 265,000 trademark violations were prosecuted, with 53,000 cases annually on average, said Fu Shuangjian. He also added that there were 56,000 cases in 2010, 9.78% more than in 2009.
Meng Qingfeng supplied information on IP offences in daily life. To date this year, more than 1,420 offences involving people’s livelihood had been uncovered by local public security authorities. They involved fake foods, fake medicines and fake agricultural supplies, including seeds, chemical fertilizers and pesticides, which directly endanger the country and its food supply and agriculture, noted Mr. Meng.
Rapid increase of patent applications during the 11th FYP Period
The patent applications of China have continued to leap forward during the 11th Five Year Plan period, stated the Ministry of Science and Technology. The invention patent applications have increased by 24.4%, and the patent grants by 33.5% annually.
In 2009, the number of domestic grants of invention patents exceeded that of foreign grants for the first time, accounting for 59.5% of the global total. The annual increase of invention patent applications has been up to 28.7%, as companies see their positions solidified as the main creator of IP rights.
With obvious progress in self innovation and technology, there are six domestic enterprises among the 10 companies with most invention patent applications during 2007-2010. Increases have also been seen in invention patents under the National Scientific and Technological Program, focusing on IT, advanced materials and biological medicines. They play a significant role in promoting the innovation of key technological areas in China.
