Cui Bian

With TRIPS (trade-related aspects of intellectual property rights) under the World Trade Organization (WTO) becoming effective in 1995, the scope and level of worldwide IPR protection have been greatly enlarged. Developed countries are the main forces behind IPR development, according to Wang Jingchuan, director of State Intellectual Property Office.

The number of patented technologies in biological, information and new material sciences in developed nations has accounted for 90 per cent of the patents in the world. Developed nations have gained remarkable economic profits through IPR creation, management and application.

The US-based IBM Company did a total of US$8.1 billion in business volume in 2000, of which US$1.7 billion or 21 per cent was generated from IPR transfers.

TRIPS has brought IPR more closely to trade activities between countries.

In the past few years, Japan, the United States and members of the European Union have concentrated more on implementing IPR strategies.

Japan has listed IPR strategies as key basic state policy.

Following China's accession to the WTO, multinational corporations will use more TRIPS standards on the large Chinese market, according to Wang.

Wang said it is necessary to hammer out China's own national IPR strategy.

He said China has built up an IPR system that basically meets TRIPS requirements. The system includes laws on patents, trademark and copyrights, regulations for computer software protection, protection on new varieties of plants, protection of Olympic symbols, protection of layout-designs for integrated circuits and other relevant stipulations.

Judicial judgments and administrative protections are in parallel in the country to double IPR protections.

Wang said China's capacity for self-developed technologies has increased by a large margin since the country implemented its Patent Laws on April 1, 1985. The total number of patent applications has reached 2 million over the past two decades.

Yet the country still faces such issues as: employers' IPR awareness among companies and research institutions are weak; more efforts are needed to approach innovations, IPR violations, counterfeiting business and selling fake products are rampant in some regions.

To further improve IPR systems in the next few years, concentration should be geared to the following aspects: to create a more favourable policy environment; to develop core technologies for high-tech industries; to raise the efficiency of IRP information services; and to build specialized talent teams, said Wang.

He said IPR education is more important as both the public, enterprises and governmental departments lack keen awareness of IPR protection. Thus, the national IPR strategy should include deepening IPR education among governmental officials, enterprises, and talented people specializing in IPR, such as patent agents, lawyers, judges, brokers and staff from intermediary agencies.

Moreover, the country will set up an IPR forecasting mechanism based on information and database analysis, to warn enterprises or research institutions beforehand of possible patent disputes, which may occur in some fields or industries.

Under the national IPR strategy, relevant departments should deepen IPR studies for national significant technological projects, Wang added.

(China Daily 06/14/2004 page5)