In early December, after China (Shanghai) Pilot Free Trade Zone (PFTZ) operating for more than two months, the IPR protection and management system in the zone has taken shape initially. The administration and enforcement of patent and copyright will be covered by the Management Committee of PFTZ, the trademark administration and enforcement will be covered by the industry and commerce administration which was established in the zone. In terms of IP protection, the zone has attempted to resolve IP dispute via judicial, administration and the third party.

On September 18, the State Council issued an overall plan for the China (Shanghai) Pilot Free Trade Zone, clarifying that a joint supervision and enforcement system will be implemented to cover the areas of intellectual property, industry and commercial administration, and tax administration to enhance efficiency. In addition, an intellectual property related dispute resolution and assistance system would be established.

On September 29, China (Shanghai) Pilot Free Trade Zone was formally established. The Measures for the Administration of the China (Shanghai) Pilot Free Trade Zone was formulated by the Shanghai Municipal People’s Government that day. The measures put forward to establish a management committee to coordinate the relevant administrative matters of the zone. Its responsibilities include investment, trade, IPR and other fields. The Article 8 of the measure defines that the Customs, industry and commerce administration, quality inspection administration and public security organ to set up offices in the zone.

In terms of institution setting, the measures put forward that management committee exercise the power of administrative punishment, administrative inspections and so on. The IP office in the zone exercises the power of administrative punishment on copyright and patent violations according to laws and regulations. The measure also supports Shanghai arbitration organizations to improve arbitration rules and enhance their professional level and internationalization degree.

The IPR matters covered by the committee are mainly patent dispute resolution and registration of foreign publishing etc. The Shanghai Industry and Commerce Administration takes responsibility for the trademark matters in the zone. The joint enforcement administration would also be established to exercise the power of punishment and inspection, according to the Shanghai IP Office commissioner Lv Guoqiang.

"The IPR protection in the zone reflects in judicial and administration protection, and the IP dispute resolved by the third party would also be encouraged," said Lv. "We should make efforts to innovate administrative enforcement system, judicial protection system and decide whether to strengthen IPR protection stricter than out-zone." Lv added.

(China IP News)