I. Protecting Intellectual Property Rights -Creating the Future Today

1. Decisions and Attitudes of the Chinese Government

On April 26, Wen Jiabao, Member the Political Bureau of the Central Committee of CPC and Vice Premier of the State Council, delivered an important speech for the first "World Intellectual Property Day".

Respecting Knowledge, Advocating Science, and Protecting Intellectual Property

Wen Jiabao

Today is the first "World Intellectual Property Day" with a theme of "Creating the Future Today".

The "World Intellectual Property Day" was proposed by China and Algeria, approved and established on the 35th Preliminary Meeting of the WIPO General Assembly. The purpose of the "World Intellectual Property Day" is to establish and foster the awareness of respecting knowledge, advocating science and protecting intellectual property rights worldwide, and create a legal environment to encourage knowledge innovation and protect intellectual property rights.

Since the establishment of the intellectual property system, especially the industrial revolution, important inventions were generated one by one. In recent 20 years, IP system has become the basic legal system and important political means to promote technological innovation in various countries, and played an important role in prospering economy and improving international competitiveness. At present, with the fast development of science and technology and globalization of world economy, the creation, possession and use of knowledge and intellectual resources, the amount and quality of intellectual property rights owned have become the important basis for various countries in participating in international competition. Therefore, it is of utmost importance to strengthen the international exchange and cooperation regarding IP protection for establishing a fair and rational international economic new order and promoting the prosperity and development of world economy.

The Chinese Government has attached great importance on protecting intellectual property rights. China started to establish IP system at the beginning of the reform and opening up, after more than 20 years' efforts, has formed a relatively complete IP legal system and established the IP protection

system with the combination of jurisdiction and administrative enforcement, which has done a lot of work in IP protection and made important contribution to promote scientific and technological progress and economic social development.

In the 21st century with mankind entering the information society, the revolution of science and technology has pushed forward the development of social productivity forcefully. It is the requirement of the further opening up of China in the new century, building up socialist modern country, and realization of the prosperity of the Chinese nationalities to improve and perfect China's IP system and enhance the international exchange and cooperation regarding IP protection. We would like, along with other countries in the world, to establish a fair and rational IP system in favor of promoting scientific and economic development in various countries, and make great efforts to create a better environment in which the whole mankind are respecting knowledge, advocating science and protecting IP rights.

2. Message from

The World Intellectual Property Organization

On the first World Intellectual Property Day-April 26,2001


Creating the Future Today-this is the theme of first World Intellectual Property Day on April 26,2001. Four words that underscore the importance of innovators and artists to the development and growth of societies everywhere.

We owe the inventions, designs and works of art that ease our workload, improve our living conditions and enrich and beautify our surroundings, to a long line of men and woman whose creativity and invention have led us from the inkwell to the Internet and from railways to rockets.

Let us use this first World Intellectual Property Day to salute these special individuals who power us forward and give us the opportunity to create a better future. They are an encouragement to all and should inspire us to work together-men and women, young and old, of every nation-towards a universal culture of creativity.

We salute them and pledge ourselves to ensuring that their works are put to good use for the common benefit of all countries.

3. The first "World Intellectual Property Day" in China

On January 1st, SIPO, China Science Association and Tianjin Municipality participated the opening ceremony on "Actively Inventing and Creating, Respecting and Protecting Intellectual Property Rights" proposed and initiated by the youth in Tianjin towards the young people of the whole country, on which youth representative of Tianjin formally read the responding letter written by Vice Premier Wen Jiabao to the proposal of Tianjin Nankai Middle School and other 100 primary and middle schools in Tianjin and the speech of Dr. Idris, Director General of WIPO, for the opening ceremony. Thus the celebration activities of the first "World Intellectual Property Day" started.

The Responding Letter Written by Vice Premier Wen Jiabao to the Proposal of Tianjin Nankai Middle School and Other 100 Primary and Middle Schools in Tianjin

Dear pupils and students of Nankai Middle School and other 100 primary and middle schools in Tianjin:

I am very pleased to receive your letter. Last year you were granted with patents for 104 inventions and this year won the third title of the national innovation competition of "the Yangtze River Young Scientists" Congratulations!

Since science and technology were developing quickly in today's world, intellectual property has become a focus of harsh economic competition of various countries. It is an important strategic task faced by us to fully improve the quality and creative capabilities of the Chinese people. Young friends, the future of the motherland and masters of the new century, should set up a glorious ideal to build up the motherland, make great efforts to study scientific and cultural knowledge, master the skill of creation and invention, and foster innovative spirit, which are the divine tasks endowed with the history.

I support the proposed activity initiated by you on "actively developing inventions and creations, respecting intellectual property rights" and wished a success for the proposed activity heartily.

Wen Jiabao

December 28th, 2000

 

Message of Dr. Kamil Idris Director General

World Intellectual Property Organization (WIPO)

On the occasion of The launching of the campaign "Promote the Innovation and Invention, Respect and Protect the Intellectual Property"

Dear friends:

The World Intellectual Property Organization (WIPO) is pleased to associated with the launching of the campaign. "Promote the Innovation and Invention, Respect and Protect the Intellectual Property? I cannot think of a better date to begin such a campaign than today, the first day of the first year of the new Millennium and the new century, and especially with the youth of today, the hope for tomorrow.

WIPO fully supports the Tianjin Youngsters Technology Center's initiative in promoting creativity and inventiveness in science and technology and, at same time, in respecting and protecting the fruits of this activity by respecting intellectual property.

WIPO's fundamental mission is to protect intellectual property rights.

The intellectual property system ensures a successful matching of these rights; on the one hand the inventor will be assured of enjoying the benefits of his or her invention and innovation in receiving a clearly-defined term of protection. On the other hand, thanks to the IP system after a limited time, the invention enters the public domain. In addition, the publication of patent documents gives researchers and the public a huge source of technological information leading to new inventions and innovations.

It is most admirable that the young people of the Tianjin Technology Center remain not only conscious of the importance of inventive activity but also that they would like to play a dynamic role in the promotion of such activity with other youths across China.

This is an excellent way to prepare for the celebration of the World Intellectual Property Day, which will be celebrated for the first time in China, and all over the world, on April 26, 2001

I should like to express my appreciation also to all organizers of the campaign and wish the event every success.


Dr. Kamil Idris

Director General

World Intellectual Property Organization

January 1, 2001


4. Implementation of the Protection Regulation of Layout Designs of Integrated Circuits - expanded the IP protection scope of China, further in line with the TRIPS of WTO: New functions of SIPO were increased.

On March 28th, the 36th administrative meeting of the State Council approved the Protection Regulation of Layout Designs of Integrated Circuits of China and decided that SIPO was responsible for receiving and accepting applications of layout designs of integrated circuits, registration, reexamination and other administrative enforcement and administration work. On April 2nd, Premier Zhu Rongji issued the Order of the State Council of the People's Republic of China (No. 300) to promulgate the Protection Regulation of Layout Designs of Integrated Circuits. On September 18th, SIPO promulgated the Implementing Rules of the Protection Regulation of Layout Designs of Integrated Circuits, which entered into force on October 1st, 2001, the same day with the Protection Regulation.

5. China started to implement the revised Patent Law and its Implementing Rules

On June 15th, Premier Zhu Rongji issued the Order of the State Council of the People's Republic of China (No. 306) to promulgate the Implementing Rules of the Patent Law of the People's Republic of China, which entered into force on July 1st, 2001, together with the newly revised Patent Law of the People's Republic of China. On June 26th, the SIPO and the News Office of the State Council co-held the press conference regarding the newly revised Patent Law and its Implementing Rules. Commissioner Wang Jingchuan and Deputy Commissioner Ma Lianyuan repeated the important meaning of the revision of the Patent Law, demonstrated the important role of the patent system in promoting the development of science and technology and innovation in China, and answered relevant questions raised by journalists. More than 100 journalists attended the press conference.

6. The National Conference on Patent Work

From December 25th to 27th, the SIPO held the national conference on patent work in Beijing. When the conference was going to be held, Wen Jiabao, Member of the Standing Committee of the Political Bureau of the Central Committee of CPC and Vice Premier of the State Council, wrote a letter to the conference to stress that one of the focuses of world competition was intellectual property in the new situation of the fast development of economic globalization and scientific and technological progress. After China acceded to WTO, it was important and urgent to make a better performance on IP work. Wen Jiabao pointed out that for intellectual property work we should firstly enhance patent strategic research, correctly choose the target of scientific and technological innovation, foster and result in the advantages in science and technology and become advantageous in the field of intellectual property; secondly further develop the reform, establish the science and technology management system and the patent management system in favor of technological innovation and industrialization, foster and develop a batch of enterprises and enterprise groups owning independent intellectual property rights; thirdly strengthen to improve patent working system, comprehensive capabilities on patent work, and the overall level of patent work; fourthly enhance to build up patent working team, foster a great number of patent talents who understood business and administration and knew laws and international rules well.

Wang Jingchuan, Commissioner of SIPO made a working report with a title of Deeply Carry out the Important Theory of "Three Representatives" and "Make Efforts to Score New Achievements on the Patent Work in the New Century". He pointed out that the Chinese patent system was established under the leadership of the second generation of the Chinese leaders with the core of comrade Deng Xiaoping, and futher developed under the leadership of the third generation of the Chinese leaders with the core of comrade Jiang Zemin. He stressed that, facing the new situation and tasks in the new century, we should try to solve the problems emerged during the development, make a better analysis on the new situation of foreign and domestic intellectual property protection, and further push forward the development of patent system in China.

On the conference the China Patent Gold Prizes were awarded and leaders of related departments were invited to make reports on China's accession to WTO, which were welcomed by the participants.

On the closing ceremony of the conference, Deputy Commissioner Ma Lianyuan made a concluding speech. He said the conference was successful and achieved the expected purpose. He asked representatives of the conference to report to related leaders about the conference as soon as they returned, conveyed and carried out the important instructions of Vice Premier Wen Jiabao and the spirit of the conference.

More than 200 representatives actively responded and expressed that they would certainly report back and carry out the work.

7. Major Events: (listed in sequence of occurrence)

Domestic Activities:

On January 1st, SIPO, China Science Association and Tianjin Municipality participated the opening ceremony on "Actively Inventing and Creating, Respecting and Protecting Intellectual Property Rights" proposed and initiated by the youth in Tianjin towards the young people of the whole country.

On January 8th, the State Council circulated the notice that on January 8th, 2001, the State Council appointed Mr. Wang Jingchuan Commissioner of the State Intellectual Property Office, and meanwhile deposed Ms. Jiangying from Commissioner of the SIPO. On March 20th, Commissioner Wang Jingchuan was appointed Dean of the China Intellectual Property Training Center as well at the Party Meeting of SIPO.

From January 10th to 11th, SIPO held the national meeting on the reform and restructuring of patent agencies in Beijing. Up to December, 204 patent agencies had accomplished the reform and restructuring in the whole country, among which 47 applied for cancellation.

In January, SIPO held the National Annual Automation Meeting of Patent Application Receiving Offices in Nanjing.

From January 18th to 21st, to carry on the achievements in the "Ninth Five-year" period and score new achievements in the "Tenth Five-year" period, SIPO organized the Expanding Party Meeting with the theme of well-understanding of the situation and planning the future, on which the National Patent Working Plan in the "Tenth Five-year" period was passed on the principle.

From February to December, Leaders of SIPO had respectively made study visit to some provinces, cities and autonomous regions on issues of patent working plan in the "Tenth Five-year" period, accession to WTO and IP protection.

In February, SIPO issued and circulated the Compilation of Regulations of SIPO.

On March 1st, Commissioner Wang Jingchuan, as the representative of the State Council, attended the Jiangsu Representative Preliminary Meeting of the Fourth Conference of the Ninth National People's Congress to listen to opinions and introduce the situation of IP protection in China for representatives.

On March 1st, SIPO smoothly carried out adjustment of patent fees.

On March 26th, the State Council circulated the notice to appoint Mr. Tian Lipu and Mr. Lin Binghui as Deputy Commissioner of SIPO.

On March 29th, the China Model Zone for Industrialization of Patented Technologies approved by SIPO was established in Deyang, Sichuan.

In March, to solve the shortage of power supply in summer in SIPO and provide necessary conditions for the construction of the second-phase projects, SIPO completed the capacity expanding reconstruction of transformer and switch substation system.

On April 12th, SIPO held a conversazione on generic resources, traditional knowledge and folk arts and literature with domestic units in Beijing.

On April 24th, Vice Premier Wen Jiabao listened to the working report made by SIPO and delivered important directions on the development of the national IP work.

During the period of April 26th, SIPO cooperated with related departments of the Central Government to organize a series of activities in the whole country, celebrating the first "World Intellectual Property Day".

At the end of April, SIPO fully launched the electronic edition, proofread and experiment of Application Gazette of Patents for Inventions.

From May 21st to June 1st, SIPO organized local training seminars for IP tutors, in which 37 representatives from local IP offices in provinces, autonomous regions, municipalities directly under the Central Government and some large cities participated.

On May 22nd, SIPO formulated and circulated the National Patent Working Plan in the "Tenth Five-year" period.

From May to August, SIPO and the State Economic and Trade Commission co-organized six IP training seminars for managers in state-owned large enterprises, in which more than 450 leaders from more than 400 state-owned large enterprises participated.

From June 6th to December, SIPO recruited 155 new examiners, which further created conditions for accelerating patent examination work.

From June 8th to 10th, in order to report, study, carry out and fulfil the new requirements of the State Council on the national IP work, SIPO held the Party Expanding Meeting to sum up the previous work, further perfect future decisions and accelerate development.

On June 25th, SIPO issued the No. 77th bulletin regulating to annul the No. 27th bulletin of the previous Patent Office of the People's Republic of China on July 1st and carry out new regulations on utility models since July 1st.

On June 28th, SIPO issued the No. 78th bulletin, on which decisions were made regarding the transitional problems before and after the revision of the Patent Law and its Implementing Rules.

On June 29th, SIPO ceremoniously organized "the 80th Anniversary to Celebrating the Founding of Chinese Communist Party", on which Commissioner Wang Jingchuan made an important speech named "Remembering the History and Creating the Future".

From June to August, SIPO organized large-scale patent law publicity activities. During the period, leaders from SIPO also made special reports in ministries and commissions and local places.

On July 1st, the Party of SIPO led the whole staff to thoroughly study the Speech on July 1st made by President Jiang Zemin to promote all kinds of work in the office.

On July 1st, the newly revised Patent Law and its Implementing Rules entered into the force. On the same day, according to the Article 41 of the newly revised Patent Law, "the Reexamination Board of the Patent Office of the State Intellectual Property Office of the Peoples Republic of China" was renamed "the Patent Reexamination Board of the State Intellectual Property Office of the People's Republic of China".

On July 16th, the Patent Documentation Library of SIPO started to use the Chinese and Foreign Patent Searching Database (version 2.0).

On July 20th, SIPO organized the foundation ceremony of Patent Information Building (the second-phase of construction project), which will be accomplished by 2003.

From July 25th to 27th, SIPO organized the IP Training Seminar for Managers of Enterprises in North and West China in Xining, Qinghai.

On July 27th, the General Affairs Office of the State Council issued and circulated the Abbreviation of Agencies under the State Council, which regulated the State Intellectual Property Office of the People's Republic of China as the State Intellectual Property Office.

From August 1st to 3rd, SIPO held the national conversazione on patent administrative enforcement in Guiyang.

From August 7th to 9th, SIPO held the national meeting on patent pilot cities in Lanzhou, Gansu, which more than 70 participants from 20 pilot cities attended.

On August 9th, According to the Authorized Size of the Organization under the SIPO approved by the Establishment Authorization Office of the Central Government, SIPO formulated the Regulations on the Functions, Organization and Staff Body of the Organizations under the SIPO.

In August, SIPO held a training seminar on 2002 financial budget.

In August, in order to fulfil the strategic decisions made by the Party of the Office on accelerating training and selecting patent talents, SIPO for the first time selected 13 staff to be trained on IP laws in the United States.

In August, in order to carry out the Decision on Strengthening and Improving the Party Work in the 21st Century by the Central Communist Party, SIPO established the Party School of the State Intellectual Property Office.

On August 24, Mr.Xing Shengcai was appointed Dputy Commission to take Mr .Guo Xiaodong's place.

From August 28th to 30th, SIPO held the national meeting on patent administration information in Qinhuangdao, Hebei.

On August 30th, SIPO organized the Seminar on Design Protection and Development of Chinese Enterprises in Beijing and held the Awarding Ceremony for the First Design Competition of China.

On September 18th, Commissioner Wang Jingchuan issued Commissioner Order (No. 12) to promulgate the Implementing Rules of Protection Regulations on Layout Designs of Integrated Circuits, which would entered into force with the Protection Regulations on Layout Designs of Integrated Circuits on the same day, October 1st.

On September 21st, SIPO awarded nameplate for Wuhan Donghu IP Model Zone.

From September 21st to 25th, SIPO together with Yunan Provincial Government and China Invention Association co-organized the 13th National Invention Exhibition in Kunming, Yunnan, to which Dr. Kamil Idris, Director General of WIPO, wrote congratulation letter.

On October 1st, the Protection Regulations on Layout Designs of Integrated Circuits of China entered into force.

From October 22nd to 27th, SIPO organized the third training seminar for commissioners of local IP offices in Beijing, in which 42 commissioners participated.

On November 1st, Commissioner Wang Jingchuan issued Commissioner Orders (No. 13, 14 and 15) to respectively promulgate the Code Standard of Patent Applicants and Patentees (Units), the Code Standard of Patent Agents, and the Standard on Nucleotide and/or Amino Acid Sequence Lists and E-documents, which will enter into force on January 1st, June 1st, and November 1st respectively.

On November 5th, during the period of the Eighth China Yangling Trading Fair of New and High Agricultural Technologies, on which SIPO was one of the major organizers, SIPO awarded nameplate for Shaanxi Yangling Model Zone for Industrialization of New and High Agricultural Technologies, which was the patent pilot zone, and declared the formal establishment of China Yangling Agricultural IP Information Center.

From November 7th to 8th, SIPO held the national seminar on local network establishment in Chengdu, Sichuan. Up to December ,29 provincial web sites had been established to implement the China Patent Information Project.

On November 14th, the State Council made the first adjudication to maintain the No. 527 Administrative Review Decision of SIPO.

From November 19th to 23rd, SIPO organized the Fourth National Seminar on Patent Examination and Agent in Xiamen, Fujian.

On November 26th, SIPO issued and circulated the Decision on Authorizing China Patent Gold Award and China Excellent Patent Award and decided with WIPO to authorize 12 patents for inventions, utility models and designs with China Patent Gold Award. On the same day, SIPO issued the No. 79 bulletin to regulate on the issues of property preservation of patent application rights.

On November 26th, SIPO held the Coordination Meeting on Patent Secrecy Work in Beijing, in which 45 representatives from ministries and commissions of the State Council and related enterprises and institutes participated.

In November, SIPO organized to compile the first China IP Yearbook (2000) to be published, for which Ren Jianxin and Song Jian, Vice Chairmen of the National Committee of the Chinese People's Political Consultative Conference wrote epigraphs.

On November 28th, Commissioner Wang Jingchuan issued Commissioner Orders (No. 16 and 17) to respectively promulgate to annul 8 regulations, Methods on Dealing with Layout Designs of Integrated Circuits.

On December 10th, to fulfil the obligations and promises after China's accession to WTO, SIPO issued the No. 80 bulletin regarding the extension of the protection term of patents for inventions before 1992 and made according preparation.

On December 17, Commissioner Wang Jingchuan issued the Commissioner Orders (No. 18 and 19) to respectively promulgate the Administration Methods on Recordal of Patent Licensing Contracts (meanwhile to annul the No.12 bulletin of the previous Patent Office of the People's Republic of China promulgated on March 10, 1986,) and the Methods on Patent Administrative Enforcement, both of which will respectively entered into force on January 1st, 2002, and on the same day with the promulgation.

On December 17, SIPO issued and circulated the Notice on the Methods on Reporting Major Patent Cases by Patent Administrative Authorities, the Notice on Several Opinions on Strengthening Local Patent Administrations, the Notice on the Methods on Application for Establishing Patent Receiving Offices, and the Notice on Selecting and Awarding China Best Patent Administrative Authorities.

From December 25th to 27th, SIPO held the National Patent Working Conference in Beijing.

On December 30th, Commissioner Wang Jingchuan issued the Commissioner Order (No. 20) to promulgate the first part of the Format of Forms and Code Standard, Rules on Format and Code, which will enter into force on April 1st, 2002.

On December 31st, Comm Commissioner Wang Jingchuan issued the Commissioner Order (No. 21) to promulgate the Regulations on Formulating Procedures of Regulations of the SIPO, which entered into force on the same day.

In December, SIPO formulated the Special Format of Patent Administrative Enforcement.

Foreign Related Activities:

From January 22nd to 26th, SIPO dispatched representatives to attend the Sixth Plenary Meeting of the Information Technology Standing Committee held in Geneva by WIPO.

From February 19th to 23rd, SIPO dispatched representatives to attend the 30th IPC Expert Committee Meeting held by WIPO and joined the Traditional Knowledge Classification Tools Developing Group.

On March 6th, SIPO and US Embassy co-organized Sino-US IP Enforcement Seminar in Beijing.

From June 11th to 12th, SIPO and WIPO co-organized the WIPO IP Enforcement Seminar in Beijing.

In July, SIPO together with the Ministry of Agriculture and the Forestry Administration co-organized the UPOV Coordination Seminar on the Protection of New Varieties of Plants in Asia in Beijing.

Before September 1st, SIPO had smoothly finished the work of WIPO Traditional Knowledge Classification Working Group, which was positively praised by WIPO International Bureau.

From September 11th to 12th, Commissioners of the three offices of China, Japan and Korea held the first political dialogue meeting and the first ASEAN+3 IP Offices Meeting in Tokyo, Japan, which Commissioner Wang Jingchuan attended and made important speeches on.

On September 23rd, SIPO organized a delegation to attend the 36th Plenary Meeting of WIPO and indicated and explained the principles and standing points of Chinese government regarding major issues of the development of IP system.

From October 10th to December 1st, SIPO successfully organized WIPO long distance learning Chinese class, which was one of the successful results, cooperated with WIPO.

From November 26th to 30th, SIPO together with European Union and EPO co-organized the international symposium named "IP Protection after China's Accession to WTO - Important Strategies of Enterprises" in Chengdu, Sichuan, in which more than 200 foreign and domestic representatives participated. During the symposium, SIPO, EU and EPO organized press conference, on which Commissioner Wang Jingchuan and President Kober answered questions raised by journalists. 

2013-07-17