Commissioner's Summary

In 1999,staff working for the patent under-taking, together with people from all circle of life and of all ethnic groups in China, celebrated the 50th anniversary of the founding of the People's Republic of China and the return of Macao. In the same year, President Jiang Zhemin and Premier Zhu Rongji respectively met Dr. Kamil Idris, the Director General of the World Intellectual Property Organization (WIPO, and emphasized the importance of China's intellectual property right (IPR) system, including the patent system, in promoting China's opening up to the out side world, reform, and modernization drive. During the interviews, the Chinese leaders also clearly highlighted the government's principles  and position on enhancing IPR protection and expanding cooperation and exchange with international IPR communities. Vice Premier Wen Jiabao and Vice Chairman of the Standing Committee of the National People's Congress, Pen Peiyun inspected successively the State Intellectual Property Office (SIPO) and set higher standards for future patent work. The importance and attention attached by state leaders to patent work has greatly inspired all patent functionaries, thus accelerating the further development of the patent system across the nation.

----This year, SIPO focused its attention on integrating patent work into the country's larger efforts to found a national innovation system. It is specially emphasized, in the "Resolution of the Central Committee of the Chinese Communist Party and the State Council on Strengthening Technological Innovation, Developing High Technology and Promoting Industrialization", that administration and protection of intellectual property must be enhanced in the process of technological innovation. Furthermore, explicit and concrete requirements are also set in the Resolution on the role of IPR administration and protection in technological innovation.

----The revision of the patent law is progressing smoothly. In accordance with the legislation program of the Ninth National People's Congress SIPO has submitted, according to relevant legislation procedures, the draft of the revised patent law to the State Council Legislative Affairs Office. Proposed amendments to the draft law were made after extensive solicitation of opinions and significant research.

----Remarkable achievements have been scored in the protection of patent rights. SIPO not only strengthened its cooperation and coordination with other ministries and departments in enforcing the law but also further improve the performance of local patent administrative authorities in patent administration and law enforcement. In 1999,local patent authorities received and handled 791 patent dispute cases, among which 641 were concluded. The authorities also investigated and dealt with 2071 cases of counterfeit patents, effectively protecting the legitimate rights and interests of patent holders.

----The number of patent applications enjoyed a steady increase, and the volume of patent examination and grand experienced a sharp rise accordingly. In 1999, patent applications received reached 134,239,a 10% increase over the previous year. By 1999,the total accumulated number of patent applications amounted to roughly a million. In the same year, a total of 100,154 patents were granted, representing 48% growth over 1998. Cases of reexamination and invalidation concluded were 401 and 795 respectively,55.4% and 99.7% higher than in 1998.In short, quicker patent examination and granting created favorable conditions for the effective protection of patent rights in China.

----Patent practice in enterprises and the industrialization of patented technologies moved forward. SIPO selected 105 patent projects and listed them in "Model Projects for the Industrialization of Patented Technologies," The Model Projects were selected to take advantage of favorable supportive policies for commercializing their technologies. For enhancing IPR work in enterprises, SIPO also worked out and submitted to the State Council for approval "Basic Ideas and Preliminary Plans for Enhancing Intellectual Property Work in State Owned Enterprises". After the responsibilities and functions of the Office of the State Council Working Conference on Intellectual Property were transferred smoothly from the Ministry of Science and Technology to SIPO,SIPO reviewed the IPR work in 45 IPR trial enterprises and began to take the responsibility of guiding and supervising IPR work in these enterprises. The review resulted in good effect and response.

----SIPO provided more guidance to local patent administrative authorities. Taking the opportunity of local institutional reform, SIPO heightened its guidance to local patent authorities, consolidating their status and function.

----SIPO performed its foreign-related IPR affairs coordination role very smoothly, and carried out successfully international exchange and cooperation. In 1999,SIPO was actively engaged in negotiations and consultations with Uzbekistan government on IPR affairs, and successfully signed the IPR agreement with Uzbekistan entitled "The Intellectual Property Rights Protection Cooperation Agreement between the Government of the People's Republic of China and the Government of the Republic of Uzbekistan". SIPO coordinated other institutions concerned with plant variety protection, and took the responsibility for cooperation with the International Union for the Protection of New Varieties of Plants (UPOV).In addition, SIPO successfully organized a Sino-US IPR enforcement exchange activity, and jointly held Asia-regional and other international symposia with WIPO. The commissioner of SIPO headed a Chinese governmental delegation to attend the WIPO Member State Assembly (34th Series of Meetings),raising China's status and reputation in the international IPR community a great deal.

----SIPO heightened its policy research and improved the performance in publicity and popularization. In 1999,SIPO conducted more in-depth policy research and used available patent information more extensively. SIPO selected "The implication of China's entry into WTO on IPR and the countermeasures" as its research topic. SIPO also completed a systematic comparative study of China's practices in the classification of industries and the International Patent Classification (IPC). Responding to some IPR-related hot issues both domestically and externally, SIPO initiated more active publicity and popularization activities, producing a marked effect in society. Furthermore, the previous 'China Patent News' was renamed the 'China IPR News' .The change is conducive to further promoting social consciousness of IPR.

----SIPO intensified its drive to improve its automation work.In 1999, the EPOQUE patent search system was fully installed and put into use in the office. The development of an electronic file system and the CPMS3 was also initiated. In addition, construction of local centers subordinate to the "China Patent Information Network" was under way smoothly, and specifications as to users' demands on office automation system were drafted.

----SIPO made notable achievements in improving Party conduct and building a clean and honest government. In 1999,in accordance with requirements set by the Party, SIPO carried out in earnest the "Three Stresses" education movement, in which leading SIPO personnel as well as ordinary staff actively participated. The movement resulted in better Party conduct, more healthy tendencies in the office and higher honesty and integrity in performance of official duties.

With the passing of the year 1999,an uncommon year, we embraced with enthusiasm the new millenium and stepped into the year 2000.Shortly after the turn of the millenium, we will celebrate the 15th anniversary of the implementation of the Chinese patent law. In such a special year, we will make relentless efforts to further improve patent work, by:

Continuing to adhere to the principle of "Macro-Administration", and giving patent work an important role in building the nation's innovation system;

Further strengthening patent practices in enterprises and units, and integrating patent practice into the full aspects of technological innovation;

Furthering our efforts to amend and perfect the patenlaw and regulations;

Continuing to carry forward "Speed up Examination and Eliminate Backlog" drive, and creating favorable conditions for the timely and effective protection of patent rights;

Making further efforts to improve SIPO's performance in comprehensive coordination of foreign-related IPR affairs, to maintain conformity with international conventions and treaties regarding IPR protection, and to carry out multilateral and bilateral cooperation with international IPR communities;

Continuing to cultivate, improve and develop the patent technology market, and promote the transformation of patented technologies into productivity;

Further optimizing the allocation of scientific and technological resources, improving quality and efficiency of technological innovation, building the patent information network, and expanding the use of patent information;

Reinforcing public awareness of IPR including patents by more forceful publicity, and paying more attention to personnel training and human resource development;

Devoting more efforts to the spiritual civilization drive and the anti-corruption campaign and to the construction of a competent patent contingent;

Responding positively to the Party's call for developing the western areas, and supporting enthusiastically the implementation of China's strategic plan for developing the nation's western areas;

At the turn of the millenium, we will adhere strictly to the late Deng Xiaoping's theories, abide by the guidance of the Central Committee of the Party with comrade Jiang Zhemin at the core, and spare no efforts to seize the opportunity and meet challenges, so as to bring a more perfect patent system into the 21st century.

JIANG YING

2013-07-17