At his interview with the report of "Legal Daily" the other day Zhang Qin, deputy director of the State Intellectual Property Office (SIPO) said, there still exist some loopholes in China's IP legal system, for instance, there is absence to some extent in the sector of legislation on how to ban the abuse of intellectual property and the related wording is not so operative; in respect of geographic mark, although there is legislation, it is not clearly specified in management; and legislation is even vacant in regard to traditional knowledge.

 

Zhang Qin gave some details, saying, that banning the misuse of intellectual property is one of the very important contents in the sound legal system of many developed countries. Some time ago, assistant minister of the U.S. Ministry of Justice who is solely in charge of banning the misuse of IP, anti-monopoly called on the SIPO, he did not talk about the ban of the abuse of IP, but rather, concentrated that China should intensify IP protection. This indicates the U.S. orientation of interest on the matter of IP, it only requires China to protect IP without necessary to ban its misuse. This is because banning misuse largely aimed at multi-national companies, U.S. companies in particular. Viewing the matter on the stand for our own benefit, however, we would find that what we have done in banning misuse of IP is far from enough.

 

In respect of geographical mark, Zhang Qin said, although China has legislation, yet it is not clear in management, it should be said that there is no definite understanding as to whether it should be managed as trademark or as something under the quality standard system. Likewise, it is under dispute internationally. This contradiction finds itself in Chinese legislation in that systems and regulations of different departments are partly not in consistency.

 

"Besides, traditional knowledge is our strong advantage. China is a large country of traditional knowledge, but our legislation is vacant in this respect ," said Zhang Qin. He noted that Chinese medicine is actually in a status of verge in terms of building up a legal environment. Despite the regulations on the protection of Chinese medicine categories, it is merely a kind of administrative protection, and there is much to be improved from the legal point of view, including their dovetail with the patent law, disclosure of the traditional knowledge bank to the public, etc. All this requires our earnest study.
 

2007-03-05

2007-03-05