In the morning of December 29, 2007, the 31st Plenary Meeting of the Standing Committee of the 10th National People's Congress voted through the amended Scientific and Technological Progress Law as well as other six laws. The Law, implemented on July 1st 2008, was amended in five aspects, and its Article 7 of General asks to formulate and implement National IP Strategy, set up and complete IP system in China.

The newly-voted Scientific and Technological Progress Law has been made amendment in such aspects as improving independent innovation capacity, building a innovative country, formulating National IP Strategy, transforming scientific and technological achievements to productivity, promoting technological progress of enterprises and setting up innovative system with enterprises as the main body.

The Law also makes regulation on the IPR and its benefits formed in projects sponsored by either funds established by government money or a certain scientific and technological plan. Except those involving national security, national interests or major public interests, IPR belongs to undertakers of the project, and should be exploited within a certain limited period. While after the time expired the patent has not been exploited, the State or others can use it freely.

Li Yuan, Director of Law Office the Standing Committee of the 10th National People's Congress, noted that transformation of IPR should be encouraged in order to fully implement the National IP Strategy and turn science and technology to be productivity.

For taking enterprises to play main roles in technological innovation, the Law specially has one chapter for Enterprise Technological Progress, saying the State encourages enterprises to increase investment to R&D and technological innovation and to decide their R&D subjects on their own. Chinese government, according to the Law, should encourage enterprises to introduce, absorb technologies and then renovate them, protect IPR developed by enterprises, while enterprises ought to improve their management, capabilities to protect and use IPR, and innovative and competitive capacity.

(China IP News)