Source:China IP News
The Rules for the Implementation of the Patent Law of the People's Republic of China (Amendment Draft) was recently deliberated and approved at a State Council executive meeting. The meeting stresses actions to squarely execute the CPC Central Committee's decisions and deployment on heightening IP protection and the said Rules for the Implementation.
"The amendment of the Rules for the Implementation of the Patent Law will facilitate smooth execution of a slew of new measures prescribed in the Patent Law after its fourth amendment and serve an crucial role in cultivating, assuring and supporting the law-governed environment for innovation," comments Cao Xinming, a professor of IP Research Center, Zhongnan University of Economics and Law.
Providing systematic assurance for implementation of the Patent Law
Amendment of the Patent Law and its Rules for the Implementation is an overarching element of China's efforts in bolstering IP law-governed assurance. On October 17, 2020, the 22nd Session of the Standing Committee of the 13th National People's Congress passed the Decision for the Amendment of the Patent Law and the amended Patent Law would be effective from June 1, 2021. As a requisite action to the amendment, China National Intellectual Property Administration (CNIPA) launched the preparatory work for the amendment of the Rules for the Implementation in November 2020.
"During the amendment of the Rules for the Implementation, we were finetuning and refining the provisions based on the amended Patent Law in an effort to keep the entire patent system consistent and certain. In the meantime, revisions were made to link with the treaties China had acceded, which is an indispensable step to fulfill our international obligations and integrate into international norms," A principal official from CNIPA's Department of Treaty and Law adds that the approval of the Rules for the Implementation has a significant meaning for intensifying law-governed IP administration, inspiring innovation, boosting quality development and cultivating a better business environment.
Shan Xiaoguang, a professor of Shanghai International College of Intellectual Property, Tongji University, says the amendment of the Rules for the Implementation is a good service of assuring the total implementation of the Patent Law with particular mentionsto improvement of patent application and examination system and refinement of provisions concerning patent administrative protection, all of which means significantly for further strengthening IP protection and building a law-governed environment that props up innovation.
Build sound law-governed environment for innovation
The said State Council executive meeting underlines unleashing the power of the Patent Law in boosting scientific and technological innovation as well as development of new sectors. Cao believes strengthening patent protection weighs heavily on inspiring original innovation, breakthrough innovation, pioneering innovation and disruptive innovation. The amendment of the Rules for the Implementation helps inspiring researchers' passion in innovation, which would in turn carve out more industrial sectors or spaces.
The State Council executive meeting also underlines waging of diversified forms of IP public education activities and building a law-governed environment that props up innovation.
In recent years, China has been upgrading its law-governed IP work across the board and solidifying its IP law-governed foundation. The list of deliverables still goes on, for example, inclusion of IP into the Civil Code, establishment of major legal principles for IP protection. After the completion of the fourth amendments of the Patent Law and the Trademark Law respectively, the hardest punitive damages system in the world has been established. Other marked changes are additions of patent open licensing system and supplementary protection certificate system for pharmaceutical patents, regulation of abnormal patent applications, follow-up revisions of the Patent Examination Guidelines, Trademark Examination Guidelines, infringement evaluation criteria, oversight of patent representation. In the meantime, China has been beefing up IP publication with the National IP Publicity Week 2023 jointly held by 21 central agencies including the Publicity Department of the Central Committee of the CPC (National Copyright Administration), the State Administration for Market Regulation and CNIPA, which has cultivated an IP cultural ambiance proclaiming "respect knowledge, preach innovation, be honest and obey the law, compete fairly" and helped the formation of a sound law-government environment protecting and supporting innovation.
Contribute Chinese Wisdom to international cooperation
The State Council executive meeting underlines the upgrade of the quality in patent creation, use, protection, administration and service and enhancement of linking with relevant international treaties.
In the past few years, China's IP law-governed construction has harvested abundant fruits, established an IP legal system compatible with international norms and complete categories and a new structure for international IP cooperation. China has acceded to almost all the major international IP treaties. The two latest additions are the Hague Agreement and the Marrakesh Treaty, both effective in China in May 2022.
When it comes to engaging actively in international IP cooperation, China has been deepening cooperation with the World Intellectual Property Organization (WIPO). This year marks 50 years of cooperation between China and WIPO with the two major events in Beijing and Genva respectively organized by CNIPA to celebrate the historic feat. Meanwhile, China has been continuously advancing the IP cooperation mechanism under the Belt and Road Initiative, enhancing neighboring, plurilateral and bilateral cooperation programs, making increasingly stronger impact in the international IP community.
