State Council Information Office: China has Set up a Complete IP Legal System

February 28 the State Council Information Office of China declares a white paper on China's construction of legal system. According to the white paper, China has set up a complete IP legal system, and a general legal system meeting the demand of market economy has primarily come into being.

Since China adopted reform and open policy, the country has formulated Patent Law of the People's Republic of China, Trademark Law of the People's Republic of China, Copyright Law of the People's Republic of China and Law Against Unfair Competition of the People's Republic of China as well as Regulations on the protection of Computer Software, Regulations on the Protection of Layout-Designs of Integrated Circuits and some other laws and regulations in the transmission from the planned economic system to market economic system. These have formed a substantially complete IP legal system.

China adopts "two channels and well-coordination" mechanism in its judicatory and administrative fields although, the White Paper says, jurisdiction is still the base and main measure in IPR protection. Active law enforcement and acting requested by parties involved provide various options to the party. China Supreme People's Court and the Supreme People's Procuratorate also issue explanations on applicable laws on IPR infringement criminal cases so as to crack down any IPR infringement crimes.

The first white paper declared by Chinese government on legal system construction has 29,000 Chinese characters, and gives a overall review of the achievement in this field in the past six decades. The document consists of ten parts and appendix, such as preface, the progress of building a socialist state with an adequate legal system, legistration mechanism and legal system of Chinese characteristics, and international exchange and cooperation.

2013-07-17