Compose the New Canto of China's IP Practice (Patent)

Editorial words--The national IP conference will be held in January, 2010. It is the first conference of its kind since the implementation of the national intellectual property strategy, which means a lot in China's IP area.  We launch this special program not only to embrace the National IP conference, but also share with you the great achievements and experiences in this sector and summarize the vital role of IPR in improving core competitiveness and facilitating the industrial structure adjustment.

 

Over the past 30 years, China has achieved great success after reform and open-up to the outside world. The achievements China has made in its patent system for over 20 years are obvious to everyone. It has been witnessing an unprecedented opportunity as China calls for building an innovation-oriented country, releases the Outline of the National IP Strategy and implements the revised patent law.

From "made in China" to "created in China"

China's 30 years of development led to a general recognition that IPR, especially patent, is now in the heart of economic competition in the world. Since the objective about overall building an innovative country was put forward in the Seventeenth Congress of the party on October 15, 2007, the State Council released the Outline of the National IP Strategy on June 5, 2008, elevating IPR to the strategic height of the country's development. The amended patent law is now in force from October 1, 2009. 

The great objective has largely inspired the enthusiasm of enterprises for independent innovation, which enabled them to compete in the world market and immune from economic risks. In 2008, Hua Wei Technologies surpassed Panasonic and Phillips in PCT application, ranking No.1 in the world. According to the statistics, China takes 15 years to reach 1 million applications, while for the last 3 years, patent applications filed in China surpassed the 5 million mark, leaving the 4 million mark behind after only a year and four months. The domestic inventions still keep a fast-growing momentum. It represented 47.8%, 50.7%, 53.4% and 60.8% of the total respectively in the first four one million. In the run for the fifth, it amount to 67%. In 2008, SIPO received 828,000 applications and granted 412,000, up 19.4% and 17.1% respectively year-on-year. China now ranks No.4 in the world in patent granting. 

For the last 3 years, China has obtained plenteous results in high temperature superconducting, nanomaterial, quantum communication and life-science. Such results are also seen in super hybrid rice, high performance computer, laser phototypesetter of Chinese characters and 3G.

Patent serves economic development

In recent years, numerous patents and self-generated innovation technologies were applied in the rebuilding of earthquake-hit areas, Beijing Olympic Games, launching the third manned spacecraft named Shenzhou-7, and the 60th anniversary of the founding of the People's Republic of China. With the commercialization of patent, more and more people have realized that it can bring them great profits like a goldmine.

SIPO has bolstered commercialization of patent technology by accelerating the construction the platform for such activity in recent years. For instance, Wuhan patent technology trading center offered above 2,000 projects, which promotes the development of self-generated IPRs. Hua Tai Group, the largest newspaper paper production base in China, has completely commercialized more than 10 self-generated technologies for production and energy saving and emission-reduction. Leveraging the technology advantages, Hua Tai generated 13.8 billion yuan in sales revenue, paid 1.52 billion yuan in tax and earned 380 million yuan in import and export trade in 2008.

Patent-protection secures economy development

Since the establishment of patent system, China has shaped a patent administration and enforcement system supported by dual track enforcement of administrative and judicial, which not only plays an important role in encouraging innovation and improving environment for that, but also is help for reducing patent dispute, promoting development and building a harmonious society.

With the change and development of economic situation, the patent law was amended twice in 1992 and 2000 respectively. The third amendment of the law was passed in the Sixth Secession of Eleventh National Peoples Congress on December 27, 2008, and is now on effective from October 1.

In terms of patent administrative enforcement, as of the end of 2008, SIPO launched 44 IPR assistance centers nationwide. The IP offices at all levels received 1,126 patent dispute cases, handled 59 counterfeit cases and 601 infringement ones. From March 2008, SIPO organized the IP administrations nationwide to launch the Thunderstorm and Skynet IPR enforcement campaigns, which effectively safeguarded the legitimate right of IPR holders from home and aboard and created a favorable environment for a fair and order competition.

Creates a Green Channel through patent manage ment

In terms of patent management, SIPO gives a plan to the development of patent management in accordance with the purpose of building an innovation-oriented country and implementation of national IP strategy. SIPO issues some relevant measures timely and effectively for the vital polices and events in the state. In May 2005, after the Wenchuan earthquake, by putting forward a preferential measure on the patent-related issues in the quake-hit areas, SIPO provided investors with free service for handing patent affairs. SIPO also provided a Green-Channel for patent examination concerning the Beijing Olympic Games, which shielded the innovation technology like Olympic torch from infringement. In addition, SIPO gave piority to granting technology on preventing the disease like H1N1 from flaring up, which safeguard social public benefits better.

The extraordinary achievements in patent are destined to write a glorious chapter in the history of reform and open-up to the outside world.        


(Chinese edition seen in Page 1 and Page 2 published on November 6, 2009)

 (China IP News)

2013-07-17