Source:China IP News
Improving the intellectual property (IP) protection system is a crucial element for promoting innovation. Recently, the China National Intellectual Property Administration (CNIPA), in conjunction with eight other departments, jointly issued the Implementation Plan for the Development of the Intellectual Property Protection System. The Plan outlines a construction strategy, two phased goals, seven construction tasks, and four protective measures. According to the Plan, by 2027, China aims to achieve significant breakthroughs by addressing current key challenges in IP protection, meeting the development needs of the future; by 2035, aligning with the specific tasks of becoming a strong IP nation, China aims to fundamentally modernize its IP protection system and capabilities.
From stringent protection to precise and efficient protection
Implementing a dual-track system that emphasizes both administrative and judicial protections has been a distinctive path taken by China in IP protection. The Plan highlights a stringent direction for IP law enforcement and judicial protection, innovating while consolidating and expanding on existing achievements. It specifically sets forth plans to fully implement a punitive damage system and to continuously carry out specialized administrative law enforcement actions, thereby speeding up the creation of an interconnected and efficient IP law enforcement and judicial system to better safeguard the innovation environment and business environment with the power of law.
Standardization is as important as protection. The Plan designs measures to enhance supervision over IP-related civil and administrative litigation. It continues to push for solutions to systemic challenges that hinder innovative development, such as inconsistent enforcement and judicial standards, complex procedures, and inefficient protection mechanisms. The Plan sets targeted requirements for advancing reforms of the "three-in-one" trial mechanisms for IP-related civil, criminal, and administrative cases, and for enhancing the standardization of patent administrative adjudications. According to the Plan, Chinese regulatory bodies will continue to strengthen analyses of key challenges and difficulties in the reform of the "three-in-one" trial mechanisms, and deepen the promotion of legally coordinated civil damages, administrative duties, and criminal litigation.
Focusing on efficient dispute resolution through administrative protection, Shanghai has developed a "quick mediation + rapid adjudication + precise trial" model for patent administrative adjudications, creating a comprehensive technical support system and setting an example for the standardization of administrative adjudications. Shanghai is accelerating the establishment of a municipal and district-level administrative adjudication system for patent infringement disputes, to ensure the effective implementation of the Plan.
From coordinated administration by authorities to building a social co-governance system
The development of a robust IP protection system relies on the beneficial interaction between an active government and an effective market. The Plan details improvements to the IP protection administration system and proposes building a social co-governance system for IP protection, further clarifying the organizational and comprehensive systems for IP protection.
Rapid protection agencies are crucial carriers for the development of the IP protection system. Following the Plan, CNIPA will focus on major national strategies and strive to establish a hierarchical and coordinated work system with national rapid protection agencies as the support and various IP protection agencies at different levels as extensions, to robustly support the construction of the IP protection system.
Transitioning from coordinated IP protection administration to establishing a social co-governance system for IP protection illustrates the concrete realization of improving social governance systems and enhancing governance efficiency in IP protection. The Plan stresses the importance of maintaining government guidance and industry self-regulation, fully utilizing the roles of mediation organizations, arbitration institutions, notary offices, enterprises, and public institutions in IP protection.
Relevant departments are dedicated to making the co-governance system tangible. The CNIPA is focusing on pooling social co-governance efforts, guiding industry self-regulation and standards development through national standards, publishing typical cases of IP administrative protection, and promoting diverse experiences and practices in IP dispute mediation, continuously raising IP protection awareness across society. Following the blueprint laid out in the Plan, IP protection efforts are poised to release even more powerful energy in the construction of China as a modern socialist country.
