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Protection of Intellectual Property Rights in China
With stepping up the construction of IP system and improved system of IP protection, the Chinese government has enforced IP laws, a Trademark Law, Patent Law, Copyright Law and Anti-fair Competition Law along withy Regulations on Computer Software protection and the protection of Information Network Communication Rights, consistent with existing international rules. In order to achieve the objective, The State Intellectual Property Office (SIPO), Trade Mark Office (TMO) of SAIC, and National Copyright Administration of China (NCAC) have been set up to deal with issues relating to patents, trademarks and copyrights. In order to safeguard the IP owners' rights, an IP Administration and law enforcement agencies have been set up in the customs department, public security ministry, prosecutorial offices and courts as well as certain National Working Groups to strengthen the leadership and coordination of IP issues.
Plan of Action on IP Protection:
The Chinese Action Plan mainly relates to six aspects: Firstly, formulation of laws, regulations and rules for IP protection under criminal justice and criminal offences of IP infringement. Secondly, constitution of a hard-core crack-down system on infringers for nation-wide IP protection, thereby imposing disciplinary punishment in addition to legal proceedings in serious situation. Thirdly, promotion of the use of copyrighted software among enterprises of all ownership properties. Fourthly, providing training and other services to enterprises in order to solve their problems arising in IP protection. Fifthly, the construction of an IP protection platform to enable enterprises in properly dealing with overseas IP disputes and international trade barriers for IP. And sixthly, promulgation of IP strategies in order to promote the creation, protection, application and management of Intellectual Property.
Judicial protection of IP:
Since China has entered the World Trade Organization (WTO), the market economy has made rapid development. With the China's opening to the outside world, the judicial protection of IP in people's courts has been adequately progressed in the following areas:
1. Sustained growth in IP cases such as civil cases, Administrative cases and criminal cases.
2. Improvement in the unified standards of justice for cases involving patents, trademarks, copyrights, new plant varieties, layout-design for integrated circuits, technological contracts, unfair competition, domain names and crimes against IP.
3. Rise of efficiency to strength communication among the judgment departments inside the court to come over loophole in enterprises or other departments' IP management system.
4. Transparency in IP judgement and decisions by opening up of a Website system.
5. Improvement in judgement mechanism by centralizing judgments for civil cases concerning IP issues.
6. Conduct of training courses for judges with regard to IP Rules and Regulations and upgrading them.
7. Cooperation with WIPO and the EU to strengthen business exchanges with the countries and regions with a rich experience in IP protection so as to enhance judicial protection competency for IP.
Role of IP in trade development:
IP protection is important for the promotion of domestic research and development, encouragement of creative production such as the film, literature and software and the development of identifying marks. It will better serve to attract foreign investment, joint ventures with hi-tech companies and development of its own technology instead relying on foreign technology. IP protection also plays important role in promoting the upgrade of industry and helping China become an international R&D centre to focus not only on the Chinese local market, but also on world production.
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