Status of Intellectual Property Protection in China (1994/06/01)

Issuing Unit Information Office of the State Council of the People's Republic of China

Issuance Date 19940601

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Implementation date 19940601

Foreword

China is a country with a long history of civilization. The Chinese nation contains great creativity

The splendid culture it created has had a profound impact on the process of human civilization. For thousands of years, China

has many outstanding scientists, inventors, writers, and artists who have made great contributions to the development of human civilization with their brilliant intellectual achievements

contribute.

With the development of human civilization and commodity economy, the intellectual property protection system was born, and increasingly

has become an important tool for countries to protect the rights and interests of owners of intellectual achievements, promote science and technology and social and economic development, and carry out

Powerful legal measures for international competition. Due to various historical reasons, overall, the construction of China's intellectual property system started relatively late. However, after the implementation of reform and opening up, in order to develop social productivity more quickly and promote overall social progress, adapt to the needs of the development of the socialist market economy, and promote integration with the world economy , China has accelerated the pace of building an intellectual property protection system. In just a dozen years from the end of the 1970s to the present, China has done a lot of fruitful work and has gone through a process that usually takes decades or even hundreds of years in developed countries. The legislative journey that can only be completed has established

a relatively complete legal system for intellectual property protection, and achieved world-renowned achievements in the legislation and enforcement of intellectual property rights.

At present, the protection of intellectual property rights has become an issue of widespread concern in international political, economic, scientific and technological and cultural exchanges.

International bilateral and multilateral negotiations on this issue, especially the conclusion of the Agreement on Trade-Related Aspects of Intellectual Property Rights of the General Agreement on Tariffs and Trade, have prompted

The standard of protecting intellectual property rights has reached a new level.

Today, when the international community attaches great importance to the protection of intellectual property rights, what is China’s position on the protection of intellectual property rights?

What is the current status of China’s intellectual property legislation and enforcement? What measures has China taken to shoulder its responsibilities?

International obligations for intellectual property protection? It is necessary to make a basic introduction.

1. China’s basic position and attitude in protecting intellectual property rights

The Chinese government believes that the intellectual property protection system is important for promoting scientific and technological progress, cultural prosperity

and the economy Development is of great significance and role. It is not only an important system to ensure the normal operation of the socialist market economy

, but also a basic environment for carrying out international scientific, technological, economic, and cultural exchanges and cooperation

One of the environment and conditions. China regards the protection of intellectual property rights as an important part of its reform and opening up policy and the construction of its socialist legal system. It has begun to formulate relevant laws and regulations since the late 1970s, and has actively participated in Activities of relevant international organizations to strengthen exchanges and cooperation with countries around the world in the field of intellectual property

. Therefore, the construction of China's intellectual property protection system has shown a high starting point for the world and international protection levels in the initial stage. Driven by reform and opening up, China's intellectual property legislation has been passed at an unprecedented speed.

On March 3, 1980, the Chinese government submitted its instrument of accession to the World Intellectual Property Organization. From June 3, 1980, China became a member of the World Intellectual Property Organization.

On August 23, 1982, the 24th Meeting of the Standing Committee of the Fifth National People's Congress

passed the Trademark Law of the People's Republic of China. It came into effect on March 1, 1983. This is an important sign that China has begun to systematically establish a modern intellectual property legal system.

On March 12, 1984, the Fourth Meeting of the Standing Committee of the Sixth National People's Congress passed

the Patent Law of the People's Republic of China, and it was Effective from April 1, 1985.

On December 19, 1984, the Chinese government submitted its instrument of accession to the Paris Convention for the Protection of Industrial Property (referred to as the Paris Convention) to the World Intellectual Property Organization. From March 19, 1985, China became a member of the Paris Convention.

On April 12, 1986, the Fourth Session of the Sixth National People's Congress passed the "General Principles of the People's Republic of China and the Civil Code", which was Effective from January 1, 1987. Intellectual property rights as a whole were clarified for the first time in China's Basic Civil Law and were recognized as civil rights of citizens and legal persons.

This law also clarifies for the first time that citizens, legal persons, etc. enjoy copyright (copyright).

The Chinese government actively promotes the establishment of an environment for international protection of integrated circuits. In 1989, the World Intellectual Property Organization adopted the Treaty on the Protection of Intellectual Property Rights in Integrated Circuits at a diplomatic conference held in Washington. China was one of the first signatories of the treaty. .

On July 4, 1989, the Chinese government submitted its instrument of accession to the Madrid Agreement on the International Registration of Trademarks (referred to as the Madrid Agreement) to the World Intellectual Property Organization. From October 4, 1989, China became

a member of the Madrid Agreement.

On September 7, 1990, the 15th meeting of the Standing Committee of the Seventh National People's Congress passed

the Copyright Law of the People's Republic of China. This law came into effect on June 1, 1991.

On July 10 and July 30, 1992, the Chinese government submitted the "Protection of Literature and Art" to the World Intellectual Property Organization and the United Nations Educational, Scientific and Cultural Organization respectively. Instrument of accession to the Berne Convention on Works (referred to as the Berne Convention) and the Universal Copyright Convention. Starting from October 15 and October 30, 1992 respectively, China became a member of the Berne Convention and the Universal Copyright Convention.

On January 4, 1993, the Chinese government submitted the Convention for the Protection of Phonograms

Producers from Unauthorized Copying of Phonograms (referred to as Phonograms) to the World Intellectual Property Organization. Instrument of Accession to the Convention)

. From April 30, 1993, China became a member state of the Phonograms Convention.

On September 2, 1993, the third meeting of the Standing Committee of the Eighth National People's Congress passed the "Law of the People's Republic of China and the State Against Unfair Competition"

, this law came into effect on December 1, 1993.

On September 15, 1993, the Chinese government submitted its instrument of accession to the Patent Cooperation Treaty

to the World Intellectual Property Organization. From January 1, 1994, China became a member of the Patent Cooperation Treaty, and the China Patent Office became the receiving Office, international search authority and international preliminary examination authority of the Patent Cooperation Treaty.

The above historical facts are only part of China’s intellectual property legislation and participation in relevant international organization activities

The records are enough to prove China’s stance and attitude that it attaches great importance to intellectual property protection.

The basic framework of China’s intellectual property legal system was mainly completed in the 1980s. After entering the 90s

generation, international economic relations and the environment have undergone great changes.

In November 1990, in the multilateral trade negotiations of the General Agreement on Tariffs and Trade (Uruguay Round), the draft Agreement on Trade-Related Aspects of Intellectual Property Rights was reached, which marked the leading to the formation of new international standards for the protection of intellectual property rights. The Chinese government actively participated in the negotiation process and made great efforts to promote the conclusion of the agreement. Out of the need to expand opening up, China actively fulfills its international obligations to protect intellectual property rights, strives to bring the level of intellectual property protection closer to new international standards, and has taken many major measures. , to further improve China

’s current level of intellectual property protection.

The Chinese government’s sincere position in adhering to international conventions and bilateral agreements related to the protection of intellectual property rights and its ability to fully shoulder its international obligations have received widespread praise and support from international public opinion. When reviewing the 20-year history of cooperation between the organization and China, Dr. Arpad Bogsch, Director General of the World Intellectual Property Organization, pointed out, “In the history of intellectual property, China has accomplished all The speed of it all is unique”.

China adheres to the legal principle of “there are laws to abide by, laws must be followed, law enforcement must be strict, and violations must be investigated”

. In order to better implement this principle, China is improving and perfecting its legal system, strictly enforcing the law, and resolutely cracking down on infringement and illegal activities. At the same time, considering that the intellectual property system has been established in China for a short time,

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In cases where citizens' awareness of intellectual property rights is relatively weak, we should vigorously carry out legal publicity and education on intellectual property protection

and accelerate the training of professionals in the field of intellectual property rights. In China, the promulgation of every intellectual property law is widely publicized by radio stations, television stations, newspapers and other news media, and a large number of single volumes and related videos are published. Educational films, etc. At the same time, relevant government departments at all levels have rapidly popularized intellectual property legal knowledge among citizens by organizing legal knowledge lectures and training courses. For example, after China's patent law was revised, millions of people across the country have received training, and the number of people receiving training in Hunan Province alone has reached 600,000. In various parts of China, the use of legal weapons to resolve intellectual property disputes has increased in recent years

This illustrates from one aspect the enhancement of the legal awareness of intellectual property rights and the popularization of intellectual property knowledge in the whole society

and. In order to accelerate the cultivation of intellectual property talents, the Chinese government also cooperates closely with relevant international organizations, organizing relevant personnel to study abroad and participate in various training courses and seminars. More than 30 training courses and seminars have been held in cooperation with the World Intellectual Property Organization alone, and more than 3,000 people have received training. Among China's higher education institutions, more than 70 institutions currently carry out intellectual property teaching and research. For example, Renmin University of China established the Intellectual Property Teaching and Research Center

in 1986 to recruit university graduates majoring in non-laws to study for a second degree in intellectual property; Peking University is developing relevant On the basis of teaching and research, the School of Intellectual Property was established in 1993. China has gradually formed an education system for cultivating professionals in the field of intellectual property, including second degree, master's degree, and doctoral students.

Groups of intellectual property professional talents are being continuously supplied to society.

2. China has a high-level legal system for the protection of intellectual property rights

With the pace of reform and opening up, China has made great progress in the protection of intellectual property rights

. China has formulated and improved various intellectual property laws and regulations based on its national conditions and international development trends. So far, it has formed a socialist legal system for the protection of intellectual property rights with Chinese characteristics. The scope and level of protection of intellectual property rights in China are gradually in line with international practices, and a high level of legal protection for intellectual property rights has been implemented.

The "Trademark Law of the People's Republic of China" and its implementation details came into effect in March 1983, and the application, review, registration, etc. in the trademark registration process

The principles in many aspects are completely consistent with the internationally accepted principles. In order to adapt to the needs of reform and opening up and the development of the economic situation, to more effectively crack down on counterfeit trademarks, stop trademark infringement, and effectively protect the exclusive right to trademark registration, China in 1993

respectively The Trademark Law and its implementing rules have been revised to expand the scope of trademark protection and add regulations for the registration and management of service marks in addition to trade marks. A correction procedure has been added to the formal examination, and an examination opinion system has been established in the substantive examination to facilitate trademark registration applicants. This is in line with the General Agreement on Tariffs and Trade. The requirements of the Agreement on Trade-Related Aspects of Intellectual Property Rights are all consistent

. The State Administration for Industry and Commerce also issued a series of regulations such as the "Trademark Printing Management Regulations" and the "Trademark License Contract Filing Management Measures". In February 1993, the Standing Committee of the National People's Congress issued the "Supplementary Provisions on Punishing the Crime of Counterfeiting Registered Trademarks", which further strengthened the punishment and punishment of the crime of counterfeiting registered trademarks. The intensity of trademark infringement. These laws, regulations and rules provide guarantee for the full and effective protection of the exclusive rights of Chinese and foreign registered trademarks.

The Patent Law of the People's Republic of China and its implementation rules, which came into effect in April 1985, have expanded China's intellectual property protection scope to include inventions and creations. Protection of patent rights. In order to bring China's patent protection level further closer to international standards, the Standing Committee of the National People's Congress passed an amendment to the Patent Law on September 4, 1992, which Important changes were made to the law. The newly revised Patent Law is based on the need to expand opening up to the outside world and benefit science, technology and economic development. First, it expands the scope of patent protection and grants patents to all technical fields. Inventions, whether they are products or methods, that is, patents are granted without exception for pharmaceuticals and chemical products, food, beverages and condiments; secondly, Extend the protection period of invention patents from 15 years to 20 years from the date of application

Extend the protection period of utility model patents and design patents from 5 years to 20 years from the date of application 10 years from the date of application; thirdly, the protection of patent rights is further strengthened. In addition to the protection of patented methods extending

to products directly obtained by the patented method, It also clearly stipulates that imported patented products must obtain the consent of the patent holder, making the protection of the rights and interests of the patent holder more adequate; fourth, it re-stipulates the requirements for compulsory licensing of patents condition. This brings China's protection of patent rights to a new level.

In this way, China's patent law is basically in line with the Agreement on Trade-Related Aspects of Intellectual Property Rights

reached under the General Agreement on Tariffs and Trade.

The "Copyright Law of the People's Republic of China" and its implementing regulations clearly protect the copyrights and related rights and interests of authors of literary, artistic

and scientific works. According to this law, China not only regulates literary works, oral works, music, drama, folk art, and dance works, fine arts, photography works, film, television, and video works, Engineering design, product design drawings and their descriptions, maps, schematics

and other graphic works are protected, and computer software is included in the scope of copyright protection. China is one of the few countries in the world that explicitly regards computer software as an object of copyright protection. The State Council also promulgated the "Regulations on the Protection of Computer Software", which stipulates specific implementation methods for the protection of computer software. As a supporting regulation of the Copyright Law, in October 1991 Implementation.

The State Council promulgated the "Regulations on the Implementation of International Copyright Treaties" on September 25, 1992, which made specific provisions on the protection of the rights enjoyed by copyright holders of foreign works in accordance with international treaties.

In addition, the "Technological Cooperation Law of the People's Republic of China" and the "Science and Technology Progress Law of the People's Republic of China" formulated by the Standing Committee of the National People's Congress ", etc., as well as a series of administrative regulations for the protection of intellectual property rights formulated by the State Council, which have further improved China's intellectual property legal system and are generally more consistent with the international protection level. Proximity and coordination.

China has complete legal measures for intellectual property protection. China's intellectual property laws stipulate the legal liability for violations of legal provisions, including civil liability, administrative penalties and criminal liability.

China’s Patent Law stipulates that for patent infringement, the patentee or interested party may

request the patent management authority to handle the matter, or directly file a lawsuit in the People’s Court. When handling the case, the patent management agency has the right to order the infringer to stop the infringement and compensate for losses. For those who pass off non-patented products or non-patented methods as patented products or patented methods, the patent management agency shall order them to stop the counterfeiting, make public corrections, and impose a fine. For serious cases of counterfeiting someone else's patent, the person directly responsible shall be investigated for criminal responsibility in accordance with the relevant provisions of the criminal law, that is, the person directly responsible may be sentenced to fixed-term imprisonment of not more than 3 years, imprisonment or fine.

China's trademark laws and regulations stipulate that for infringement of trademark exclusive rights, the Ministry of Industry and Commerce Administration

may proactively inspect and deal with the infringement in accordance with its authority or reports from consumers; A person may request handling from the administrative department for industry and commerce at or above the county level where the infringer is located or where the infringement occurred. The relevant administrative department for industry and commerce has the right to order the infringer to immediately stop the infringement and pay compensation. The losses of the infringed party

; if the infringement of the exclusive right to use a trademark does not constitute a crime, the industrial and commercial administrative department may impose a fine

. If the parties concerned are dissatisfied with the administrative handling of the industrial and commercial administration department, they may file a lawsuit with the People's Court within the prescribed time limit, and the court will make a judgment. These regulations facilitate the parties involved and ensure the consistency, fairness and seriousness of administrative law enforcement and judicial trials. For infringement of the exclusive rights of a registered trademark,

the infringed party may also directly file a lawsuit in the People's Court. If counterfeiting someone else's registered trademark constitutes a crime, in addition to compensating the infringed party's losses, criminal liability will be pursued in accordance with the law. According to the "Supplementary Provisions on Punishing the Crime of Counterfeiting Registered Trademarks", those who make illegal gains from counterfeiting registered trademarks in a relatively large amount or have other serious circumstances shall be sentenced to fixed-term imprisonment of not more than 3 years. Or criminal detention, and may be concurrently or separately fined

; if the amount of illegal gains is huge, he shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years, and shall also be fined

. If an enterprise or institution commits the crime of counterfeiting a registered trademark, the unit shall be fined, and the directly responsible person in charge and other directly responsible persons shall be held criminally responsible in accordance with the law. It is stipulated that state functionaries who deliberately cover up the crime of counterfeiting registered trademarks or law enforcement officers who bend the law for personal gain shall be prosecuted for the crime of dereliction of duty.

China's Copyright Law stipulates that for those who publish their works without the permission of the copyright owner; without the permission of the co-author, treat the work created in collaboration with others as their own alone. Published works; signed others' works without

participating in the creation, in order to seek personal fame and fortune; distorted or tampered with other people's works

without the permission of the copyright owner; Those who use their works in various ways; those who use other people's works without paying remuneration as required; and those who broadcast their performances live without the permission of the performers and other infringing acts

should be Depending on the circumstances, bear civil responsibilities such as stopping the infringement, eliminating the impact, making a public apology, and compensating for losses.

Plagiarizing or copying other people's works; copying and distributing other people's works for profit without the permission of the copyright owner; publishing books for which others have exclusive publishing rights; recording or recording without the permission of the copyright owner

Infringements such as copying and distributing audio and video recordings made by the producer with permission, according to the circumstances, he shall bear civil liability, and may be confiscated by the copyright administrative department, illegal gains, fines, etc. Administrative

Administrative penalties. For infringement of copyright and copyright-related rights and interests, the parties may also directly file a lawsuit in the People's Court. For those illegal acts that seriously endanger social order and infringe upon the legitimate rights and interests of copyright holders and other rights holders, and if the circumstances are serious enough to constitute a crime, the criminal infringement can be punished in accordance with the relevant laws. person to be held criminally responsible.

With the implementation of China’s laws to protect intellectual property rights, intellectual property rights have been effectively protected in China

It has played a positive role in encouraging invention, creation and fair competition. For example, the protection of the exclusive right to register trademarks has prompted a rapid increase in the number of trademarks registered in China by Chinese and foreign manufacturers. As of the end of 1993, there were more than 410,000 valid registered trademarks in China. Among them, there are more than 350,000 domestic registered trademarks and nearly 60,000 registered trademarks from 67 countries and regions. Taking the United States as an example, before 1979, there were only 122 trademarks registered in China. By 1993, the number reached 16,221, an increase of more than 100 times. In 199

China's annual trademark applications reached 170,000, including more than 130,000 new trademark registration applications, ranking

at the forefront of the world. As another example, China's patent law has greatly encouraged domestic inventions and creations, and at the same time also strongly encouraged foreign patent applications. On April 1, 1985, the first day the Patent Law came into effect, 3,455 patent applications were accepted. By the end of 1993, the China Patent Office had accepted more than 360,000 patent applications. Among them, inventions, utility models, and designs accounted for 27.5, 62.8, and 9.7 respectively; domestic applications accounted for 86.4, and foreign applications accounted for 13.6, coming from 70 countries and regions respectively. . By the end of 1993, a total of 175,000 patents had been approved.

Among them, there are more than 20,000 invention patents, more than 130,000 utility model patents, and more than 20,000 design patents.

3. China has a complete law enforcement system to protect intellectual property rights

China has not only formulated a complete set of laws and regulations on intellectual property rights, but is also serious and fair in law enforcement

, and achieved remarkable results.

China’s achievements in enforcing intellectual property laws and regulations are first attributed to the complete judicial channels and intellectual property rights protection laws that provide for intellectual property rights. Administrative pathways

.

1. Judicial channels for intellectual property protection in China

In China, any citizen, legal person or other organization that enjoys intellectual property rights will have its rights infringed upon

At any time, you can file a lawsuit with the People's Court in accordance with the law and enjoy effective judicial protection.

The People's Court independently exercises judicial power in accordance with the law, obeys only the law, and is not subject to interference from any other administrative agencies

, social groups or individuals.

Serious law enforcement is the core of judicial work. The people's courts adhere to facts as the basis and law as the criterion in conducting trial activities, handle cases strictly in accordance with substantive and procedural laws, and implement collegiality, avoidance, open trials, and two-party trials. The final trial and trial supervision systems are subject to the supervision of the people's congresses at all levels, people's procuratorates and the people in accordance with the law to ensure the openness, fairness and seriousness of trial activities.

Establishing and improving the trial organization for intellectual property cases and improving the trial system are important guarantees for the people's courts to correctly trial

intellectual property cases and effectively protect intellectual property rights in accordance with the law. In view of the highly professional and technical nature of intellectual property cases, some provinces and municipalities such as Beijing, Shanghai, Guangdong, Fujian, Hainan and other high-level Based on actual needs, the People's Court has established intellectual property tribunals since 1992

Each special economic zone and the Beijing and Shanghai Intermediate People's Courts have also established intellectual property tribunals

court. The intermediate people's courts where the people's governments of other provinces, autonomous regions, and municipalities directly under the Central Government are located have set up collegiate panels in the relevant tribunals to specifically hear intellectual property cases. This centralized trial of intellectual property cases will help ensure the uniformity of law enforcement, accumulate experience, and improve the judicial level of intellectual property cases.

With the implementation of China’s intellectual property laws and the continuous strengthening of judicial protection, people’s courts at all levels have accepted and concluded a large number of intellectual property civil dispute cases in a timely manner. According to statistics, from 1986 to the end of 1993, the National People's Courts accepted 3,505 intellectual property civil dispute cases, including 1,168 copyright cases and 1,783 patent cases; 554 trademark rights cases were filed. The People's Court has protected the legitimate rights and interests of Chinese and foreign intellectual property owners in accordance with the law through the trial of intellectual property dispute cases. For example, the inventor of the invention patent "Drilling

Pressure Drop Pile Forming Method" sued the Beijing Metro Foundation Engineering Company over the invention patent right

It was a dispute case. The Beijing Higher People's Court held that the invention was not a service invention as stipulated in the Patent Law, and ruled that the patent right for the "Borehole Pressure-reducing Pile Method" invention belongs to the inventor. Another example is Hong Kong Shanton International Co., Ltd. sues Shenzhen Huada Electronics Co., Ltd. for trademark infringement. Shenzhen Intermediate People's Court held that the "SENDON" trademark applied for registration by the plaintiff in mainland China was protected by law; the defendant used the same product on the same product without the permission of the trademark registrant. The use of the "SENDON" trademark on the website constitutes an infringement of the exclusive right to register a trademark. The defendant was ordered to compensate the plaintiff 468,314.4 yuan.

Intellectual property rights are an important civil right. For civil infringements, the people's court can

order the infringer to stop the infringement, eliminate the impact, apologize, compensate for losses, etc. In addition to civil liability

the perpetrator may also be subject to necessary sanctions such as confiscation of illegal income, fines, and detention

in accordance with the law.

For those who infringe others' intellectual property rights in serious cases, disrupt economic order, and constitute crimes, they may also be held criminally responsible in accordance with the law. For intellectual property criminal cases that are prosecuted by the procuratorate in accordance with the law, as long as there is sufficient evidence to prove that the defendant counterfeited other people's trademarks or patents, and the circumstances are serious and constitute a crime, the People's Court will Strictly comply with legal provisions and punish them promptly and accurately. According to statistics

, from 1992 to 1993, the People's Court accepted 743 criminal cases of trademark counterfeiting, concluded 731 cases, and sentenced

people to fixed-term imprisonment or criminal detention*** 566 people.

The People's Court of Zhongshan City, Guangdong Province not only fined the five persons responsible for counterfeiting the "MOBIL" trademark of Mobil Oil Company of the United States in accordance with the law, but also sentenced Defendants 1 to 2 respectively. A term of imprisonment of one and a half years. This fully demonstrates the Chinese People's Court's firm stance on punishing crimes in accordance with the law and protecting intellectual property rights.

According to China's Administrative Litigation Law, the People's Court has the responsibility to conduct administrative litigation against citizens, legal persons and other organizations who are dissatisfied with the decision of intellectual property disputes handled by intellectual property rights administrative agencies.

Hear the case and make a judgment to maintain, revoke or change the administrative decision in accordance with the law.

The People's Court hears foreign-related intellectual property disputes in accordance with Chinese laws and relevant international conventions that China has joined or concluded

and adheres to the principles of national treatment and reciprocity in the application of law. Promote international economic, technological and cultural exchanges and cooperation and provide a solid legal guarantee. The Shenzhen Intermediate People’s Court concluded the trademark infringement dispute case between Houghton Company of the United States and Shenzhen Hailian Chemical Co., Ltd.

After ascertaining the defendant’s infringement facts and confirming its On the basis of assuming liability for infringement, after mediation, the two parties reached a mediation agreement. The defendant immediately stopped the infringement, publicly apologized to the plaintiff, and compensated him for economic losses of 130,000 yuan. Yuan. At the same time, the court also issued a civil sanction decision of fine for the defendant's illegal behavior. The case took only 10 days from acceptance to conclusion, and was well received by the American parties.

The American company Houghton sent a banner to the court that read "China's laws are fair and judges handle cases quickly"

In recent years, the People's Court has taken many effective measures to improve the level of justice, resulting in rapid improvements in the quality and efficiency of case handling

. In order to expand the impact of case handling, the People's Court pays attention to selecting typical cases to publicize and report them through the news media, and uses cases to explain the law, which has achieved obvious social effects and maintained the socialist legal system. dignity.

2. Administrative approaches to intellectual property protection in China

China’s intellectual property protection system, in addition to adopting judicial approaches in accordance with international practice, is based on China’s reality

Based on China's national conditions, China's patent law, trademark law, copyright law and other intellectual property laws all stipulate administrative channels for intellectual property protection.

According to the provisions of the Patent Law, the relevant competent departments of the State Council or local people's governments may establish patent management agencies

. At present, there are more than 50 patent management agencies established by local governments in China, and more than 20 patent management agencies established by various ministries of the State Council. According to the provisions of the Copyright Law, the National Copyright Bureau and local copyright administrative agencies have been established. Trademark management follows the principle of central unified registration and local hierarchical management. From the central government to the industrial and commercial administration bureaus at the provincial, municipal, prefectural and county levels, there are internal trademark management systems.

There are administrative agencies, and there are also industrial and commercial administrative offices below the county level. There are more than 7,000 full-time trademark management personnel nationwide, and 300,000 part-time workers.

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The interests of the people and a good socio-economic environment.

China's intellectual property administrative enforcement procedures are simple, rapid case filing, fast investigation and handling, and high case handling efficiency

This is extremely beneficial to rights holders. China's patent administration authorities take all patent infringement complaints seriously and handle them promptly and in accordance with the law.

After the Copyright Law came into effect in June 1991, by the end of 1993, the copyright administration agencies in various places in China had investigated and dealt with illegal duplication of audio and video products, illegal duplication of books, etc. After more than 150 cases of infringement, the infringing copies were confiscated and destroyed, and administrative penalties were imposed on the infringers. In 1994, the Chinese government organized relevant departments to severely crack down on illegal copying in the production of laser discs and illegal copying in book publishing. In April, the copyright, culture, radio, film and television, industrial and commercial administration, public security and other departments of Guangdong Province jointly organized a large-scale raid on illegal laser discs and other audio and video products. Subsequently, Shanghai, Jiangsu, Hunan and other places also successively carried out similar inspection actions. These actions

have severely cracked down on the production and sale of pirated products. At the same time, relevant departments of the Chinese government have taken measures to strengthen the management of the establishment of laser disc production and processing enterprises and supervise their production and processing activities in accordance with the law.

In the more than 10 years since China’s Trademark Law was implemented, the industrial and commercial administration authorities have investigated and dealt with 130,000 cases of trademark infringement and counterfeiting

. Among them, there are a large number of major cases, such as "Zhonghua" cigarettes, "Forever", "Phoenix

", "Feige" bicycles, "Kweichow Moutai" liquor, "Xinkaihe" ginseng and other trademark infringement cases. Counterfeiting

cases effectively protect the legitimate rights and interests of trademark registrants.

China's intellectual property administrative agencies, in accordance with Chinese laws and relevant

international conventions that China has joined or concluded, adhere to the principles of national treatment and reciprocity in the application of law, and treat intellectual property rights in accordance with the law. The intellectual property rights of foreigners

are protected. For example, the Zhejiang Provincial Patent Administration Bureau fairly handled a lighter patent infringement case brought by a foreigner and ordered the manufacturer to stop the infringement and compensate for losses.

The National Copyright Administration investigated and dealt with the case of more than a dozen arts and crafts factories in Fujian, Guangdong and other places imitating foreign companies’ toys

, and the case of an electronics industry company in Jiangsu reproducing laser discs. The industrial and commercial administration agencies

investigated and punished companies such as "TDK", "TOSHIBA", "SONY", "IBM", "3M", "

ESSO", "Pamp; G" in accordance with the law ", "Head and Shoulders", "Little Genius", "Philips" and more than 3,000 foreign-related trademark infringement cases

Among the cases of foreign-related intellectual property infringement handled by China's intellectual property administrative agencies, a large proportion of cases are proactively investigated and handled in accordance with

their powers. China's industrial and commercial administration authorities are responsible for maintaining economic order and can proactively inspect the market, effectively protecting the rights and interests of trademark registrants. For example, the industrial and commercial administration agencies at all levels in Guangdong Province have investigated and dealt with 301 U.S.-related infringement cases since 1988.

Of these 301 trademark infringement cases, one-third were complained by U.S. parties, most of which were discovered by industrial and commercial administration agencies during market inspections or by consumers. Reported. The intellectual property administrative agency enforces the law impartially and resolutely safeguards the legitimate rights and interests of intellectual property owners, winning praise from many foreign-funded or Sino-foreign joint ventures. They will embroider (carve) "Integrity and integrity, law enforcement is like a mountain", "Enforce the law impartially, support the good and eliminate evil", "Handle impartially, protect and escort", "Just and strict, counterfeit nemesis",

The banners and gold plaques with "strict law enforcement and selfless" were presented to China's industrial and commercial administration agencies.

The investigators were praised for their "serious work and courageous actions" and "the speed of handling the case. It is rare

in the world."

(People’s Daily online version data January 1, 2000)