"Enterprises should be familiar with related policies and various means to tackle their IP disputes, especially to protect their rights in legal way", said Wu Zhen, deputy commissioner of State Food and Drug Administration (SFDA), in the Forum on 2007 Medical IPR.

"Whenever the IPR are infringed, enterprises can require either administrative or legal protection," Wu said, "although judicial protection is very effective, it needs longer time and higher cost to finish complicated procedure. Administrative protection is prompt, but confined with its functions, it would probably waste public and administrative resources."

"Chinese enterprises are encouraged to settle their IPR cases in legal means as Chinese courts have already set up special IP adjudication divisions or full court, and other countries also have their own IP legal systems, so as long as owning incontrovertible evidences and determination, enterprises will be certain of their success," Mr. Wu continued.

In spite of the dramatic progress China made in recent years, there is still a long way to go for Chinese medical enterprises in IP creativity, management, application and protection. The IP management systems are absent in most corporate. Moreover, a majority of Chinese medical companies have not set up a complete IPR management system, and some of them neglect the patent information retrieval system, and finally lose their IPR even though having invested a lot in research. There are still some other enterprises failed to have their innovation achievements protected internationally because they did not apply IPR abroad on time.

According to Wu, IPR protection needs the joint effort made by government, industrial associations and enterprises themselves. As the creator, user and defender of their IPR, enterprises should not only give their attention to legally develop and obtain IP, but also to take the responsibility to protect their IPR, and meanwhile, they also need to restrain themselves and to respect and protect IPR. It is important for enterprises to promote independent innovation, respect and protect IP, and try to industrialize their patents, so as to enhance their core competitiveness.

"Enterprises should actively apply for relevant IPR protection for their independent patents, fully respect others' IPR, and to behave as models in IPR protection," Wu added.

(Xinhua)