China's IP Protection Reviewed at IP Publicity Week
Updated: 4 28,2021 Source:China IP News

The national IP publicity week, with the theme of 'Comprehensively strengthen IP protection, Build new development pattern' was initiated from April 20 to 26. During the event, the 2021 High-Level Forum on China Intellectual Property Protection was launched, the report on IP development in China was issued, and open day of China National Intellectual Property Administration was carried out. IP protection has been the great concern of all walks of life.

Protecting IP equals to protecting innovation."In recent years, Chinese IP protection has secured some new progresses. In a bid to beef up IP top-level infrastructure, China National Intellectual Property Administration (CNIPA) implemented the Opinions on Strengthening the Protection of IP and other policies/measures," said CNIPA Commissioner Shen Changyu in his keynote speech at the 2021 High-Level Forum on China Intellectual Property Protection on April 23. "The first series of amendments of laws on patent, trademark and copyright were completed, adopting the top-shelf system on punitive damages over infringements in the world- a statutory safeguard for realizing strict IP protection. Examination duration for invention patents was contracted to 20 months while trademark registration duration was shortened to within four months, making CNIPA the fastest to finish these jobs in the world. IP examination quality and efficiency continued improving. CNIPA renewed the Belt and Road Initiative IP cooperation agreement the WIPO, and facilitated enactment of the Beijing Treaty on Audiovisual Performances. CNIPA actively participated in negotiations involving IP, such as the first phase of China-U.S. economic and trade agreement, China-EU agreement on geographical indication protection and cooperation, the Regional Comprehensive Economic Partnership Agreement (RCEP). A national center as well as ten local branches on guiding responses to overseas IP disputes were set up, guiding over 300 cases of overseas right enforcement.

"China's efforts and achievements in IP protection was acknowledged by many relevant interests. The domestic satisfaction rate on IP protection moved up to 80 points. China ranked 14th in the Global Innovation Index Report issued by WIPO, pacing all mid-income economies. The China Business Climate Survey Report 2021 of the AmCham (American Chamber of Commerce) China found 9% fewer U.S. companies interviewed in 2020 believe China's IP protection is insufficient, "according to Shen.

"For 40 years, IP jurisdiction protection in China has developed from scratch," said He Rong, Vice-President of the Supreme People's Court (SPC). "A top-to-bottom IP trial infrastructure was shaped, with the said SPC tribunal at the top, IP courts in Beijing, Shanghai, Guangzhou, and Hainan Free Trade Port as templates, 22 local IP courts as pivotal nodes, and IP tribunals within local high, intermediate courts and some grassroots courts as support. Chinese courts have tried major cases including those of standard/essential patents, and protect the legitimate rights and interests of Chinese and foreign right holders impartially. China has become the top destination of patent cases and among the quickest in finishing them. China further bolsters its international influence in IP judicial protection and enhance its image as a competent country in IP protection."

During panel speeches, one of the corporate representatives, Mark Snyder, Senior Vice President and Deputy General Counsel of Qualcomm, via videoconference, applauded China's efforts in making its IP system better. "The sheer amount of IP filings and cases handled by both CNIPA and the courts are concrete evidence of society's confidence in the effectiveness of these policies and reform measures. "Qualcomm, and many other foreign and domestic companies, and individual stakeholders in IP have benefited from these achievements. Qualcomm has expanded its presence and investment in intellectual property in China, constantly ranking among the top foreign filers and receivers of invention patents in China, and China has been, and will be an important jurisdiction for resolving international IP disputes," stressed Snyder.

On April 25, at the press conference held by the China State Council Information Office, Shen introduced that China has comprehensively strengthened IP protection. The administrative law enforcers nationwide has investigated and handled 31,300 cases about trademark infringements, 7,100 cases about patent infringement and counterfeit and 841 cases were transferred to judicial departments. Over 42,000 administrative adjudication cases of patent infringement disputes were handled. About 1,826 copyright infringement and piracy cases were registered and investigated, of which 213 were transferred to judicial departments. About a total of 56.182 million import and export goods suspected to infringe IPRs were detained. More than 520,000 IP criminal, civil and administrative cases were tried in the first, second and retrial instance, of which 519,000 were concluded. About 21,000 cases involving all kinds of IP infringements and the sales of counterfeiting goods were solved and 32,000 suspects were arrested, with a total value of 18 billion yuan.

On April 26, the 2020 Report on the Latest Development of IPR Protection and Business Environment in China was released. According to the report, China has enacted and revised relevant laws, regulations and judicial interpretations including the Civil Code, the Patent Law and the Copyright Law, further improving IP legal system consistent with international rules and China's national conditions. In the process of administrative law enforcement, China has focused on key fields, important links and major products and initiated series of special campaigns, severely cracking down upon the infringing acts. Centering on the juridical protection, China has taken more severe measures to fight against criminals and paid more sufficient attentions on inspection and oversight, obviously enhancing trial quality and efficiency.