National Intellectual Property Strategy Compendium
The Compendium herein is formulated with a view to improve China’s abilities in creation, utilization, protection and administration of intellectual property, to build an innovative country and to achieve the goal of building a moderately prosperous society in all respects.
Ⅰ Foreword (1) Since the reform and opening-up, China has enjoyed a sustained and fast economic and social development, made a marked progress in science and technology as well as cultural creation, and substantially improved its innovative ability, and the intellect has been playing an increasingly important role in the economic and social development. As China is standing at a new historical starting point, it is strategically significant to develop and utilize intellectual resources with great efforts, transform economic developing modes, release constrains from the resource environment, enhance state core competitiveness and satisfy people’s growing needs for material and cultural lives. (2) The intellectual property system is a basic system for development and utilization of intellectual resources. The intellectual property system impels innovation and advances economic development and social progress by reasonably defining people’s rights on knowledge and other information, and adjusting interest relationship raised from the creation and utilization of knowledge and information. In today’s world, with the deep development of knowledge-based economy and economic globalization, the intellectual property is increasingly becoming a strategic resource for national development, a core element of state’s international competitiveness, a critical support for building an innovative country and a key for seizing the initiative of development. The international society has placed more emphases on intellectual property and encouragement on innovation. Developed countries boost their economic developments with innovation as the main drive, fully utilizing intellectual property systems to maintain their competitive advantages; and developing
countries enthusiastically adopt intellectual property policies and measures to promote self-development. (3) After years of development, China has an improving intellectual property laws and regulations system and law enforcement level as well as an increasing number of IPR ownerships with more increasingly obvious benefits. The ability of market subjects in using of intellectual property is enhanced gradually and the international exchange in the intellectual property field is more frequent, with larger international influences. The establishment and implement of the intellectual property system regulate market orders, stimulate invention and cultural creation, accelerate the opening-up and introduction of intellectual resources, and exert important functions for economic and social development. However, in general, there are problems as follows: China’s intellectual property system is imperfect and the level and ownerships of independent IPR fail to meet demands of economic and social development; social public have comparatively poor sense on intellectual property; market subjects have no strong abilities in using of intellectual properties; intellectual property infringements are serious to some extent and the abuse of intellectual properties are common; the establishment of a service system and creation of human resource pool for intellectual property lag; and the intellectual property system’s role in hastening the social and economic development has not been fully played. (4) The implementation of the national intellectual property strategy and endeavors in largely improving abilities in creation, utilization, protection and
administration of intellectual property are conductive to strengthen China’s independent innovation ability to build a innovative country, to improve socialist market economic system, regulating market orders and building an honest society, to enhance Chinese enterprises’ market competitiveness and national core competitiveness, and enlarge opening up to the outside world to achieve win-win result. Therefore, the intellectual property strategy shall be deemed as an important state strategy and the works concerning intellectual property shall be intensified. ⅡGuiding ideas and strategic objectives 1 Guiding ideas
(5) To implement the national intellectual property strategy, we shall adhere to being guided by Deng Xiaoping Theory and important thoughts of the Three Representatives, effectively carry out the scientific view of development in an all-round way and follow guidelines of stimulation of creation, useful utilization, protection by law and scientific administration to improve the intellectual property system, actively create a good law, market and cultural environment for intellectual property and substantially enhance the state’s abilities in creation, utilization, protection and administration of intellectual property, so as to provide strong support for the building of an innovative country and a moderately prosperous society in all respects. 2. Strategic objectives (6) By 2020, China will be built into a country with high abilities in creation, utilization, protection and administration of intellectual properties. The law environment of intellectual property will be further perfected; market subjects obtained markedly improved abilities in creation, utilization, protection and management of intellectual properties; people have strong sense of intellectual property; the level and ownerships of independent intellectual properties are able to meet the demands for supporting the construction of an innovative country; and the intellectual property system’s functions in the advancement of economic development, cultural prosperousness and social construction are manifested fully. (7) Objectives in the coming five years are as follows: -The level of independent intellectual property is substantially improved and the ownerships of them are further increased. The annual authorization number of patents for invention for Chinese appliers ranks front in the relevant international rankings and overseas patent applications increase considerably. A group of world famous brands are to be established. The proportion of the outputs of core copyright industry in the GDP rises largely. A batch of new varieties of plants and high-level IC layout designs are owned by China. Business secrets, geographical indications, generic resources, traditional knowledge and folk literature are effectively protected and rationally utilized.
-The effect of utilization of intellectual properties is shown more prominently and the proportion of knowledge-intensive goods in the total goods rises substantially. Enterprise intellectual property management system is further improved. Enterprises’ inputs in intellectual property field are increased considerably and their abilities in utilization of intellectual properties to participate in market competition are well improved. A group of excellent enterprises possessing renowned brands and core intellectual properties as well as abilities in maturely use of intellectual property systems are formed. -Situation of intellectual property protection is obviously improved. Infringing acts such as pirate and counterfeiting are reduced considerably; costs for protection of rights are decreased considerably; and abuse of intellectual properties is effectively prevented. -The whole society, especially market subjects, generally has a better sense of intellectual property and the cultural atmosphere of intellectual property is formed primarily. Ⅲ Strategic emphases 1. Improving the intellectual property system (8) Laws and regulations on intellectual property shall be further improved. Special laws and relevant regulations on patent law, trademark law, copyright law and etc shall be amended in time. Legislation works with respect to generic resources, traditional knowledge, folk literature and geographical indications shall be done timely. Linkage and matching of intellectual property legislation shall be reinforced to improve feasibility of such laws and regulations. Provisions concerning intellectual property in laws and regulations in respect of anti-unfair competition, foreign trade, science and technology, and national defense. (9) Enforcement and administration systems on intellectual property shall be improved. Efforts shall be made in enhancing the building of law protection system and administrative enforcement system, exerting the function of law protection of intellectual properties as the main means, raising enforcing efficiency and level and reinforcing public service. The reform of administrative enforcement system on intellectual property shall be deepened, so as to form a
system featured by unity of rights and responsibilities, reasonable division of labor, scientific decision-making, smooth enforcement and effective supervision. (10) The guiding role of the intellectual property in economic, cultural and social policies shall be enhanced. Linkage between industrial, regional, scientific and technological and trade policies and intellectual policies shall be strengthened. Intellectual property policies suitable for development of relevant industries shall be formulated to adjust and optimize industrial structures. Efforts shall be made in perfecting supporting policies on intellectual property, cultivating economies with regional characteristics and boosting coordinating development of regional economies according to developing features of different regions. An intellectual property working mechanism for main sci-tech programs shall be established where tracing service shall be provided with the achievement and protection of intellectual properties as the major contents. Intellectual property policies regarding foreign trade shall be perfected and the administrative system, pre-warning and emergency system, overseas rights protection system and dispute settlement system with respect to intellectual property shall be established and improved. Policies on culture, education, scientific research and sanitation and those on intellectual property shall be coordinated and linked to safeguard public’s rights of lawful and reasonable use of innovations and information in activities in fields of culture, education, scientific research and sanitation, promote the reasonable share of innovative achievements, and guarantee state’s ability in dealing with public crisis. 2. Promoting creation and utilization of intellectual properties (11) Policies on finance, investment and government purchasing as well as those on industrial, energy and environmental protection shall be utilized to guide and support the creation and utilization of intellectual property by market subjects. The guiding role of intellectual property policies in sci-tech innovations shall be enhanced and technical innovations shall be based on industrialization by law and directed by technical standards, pursuing obtain of intellectual property. The system on right ownership and interest share of achievements of scientific researches sponsored by the state shall be improved. The indicator of intellectual property shall be integrated into the sci-tech program implementation and
appraisal system and performance evaluation system of state-owned enterprises. The proportion of intellectual property-intensive exports shall be raised in the total exports gradually to advance the thorough transformation of trade growth modes and optimization and upgrading of trade structures. (12) Enterprises shall be promoted to be the subject for creation and utilization of intellectual property. Enterprises shall be hastened to transform their independent innovative achievements into intellectual properties, making them commercialized and industrialized, and be guided to realize the market value of their intellectual properties in manners of transference, licensing and mortgage of intellectual properties. The critical roles of universities and scientific research institutions in creation of intellectual properties shall be fully played. Some main technical areas shall be selected to form core independent intellectual properties and technical criteria. Public invention and cultural innovation are encouraged. Creation of excellent cultural products is under encouragement. 3. Enhancing intellectual property protection (13) Laws and regulations aiming at punishing intellectual property infringements shall be amended to intensify judicial punishment. Efforts shall be made to improve the sense and ability of self-safeguarding of holders of the right, decrease costs for protection of rights and raise costs for infringement so as to reduce infringing acts effectively. 4. Preventing abuse of intellectual property (14) Relevant laws and regulations shall be formulated to reasonably define limits of intellectual property so as to prevent abuse of intellectual property, maintain market order for fair competition and safeguard legitimate rights of public. 5. Cultivating intellectual property culture (15) Propaganda for intellectual property shall be enhanced to raise the sense of intellectual property of the whole society. Universal education on intellectual property shall be conducted extensively. Contents concerning intellectual property shall be added to activities promoting cultural and ethical progress and program on education to popularize basic knowledge of laws. Moral concepts as “honor for innovation and shame on piracy and honor for honest and integrity and shame on counterfeiting and deceit” shall be advocated in the whole society so as
to create a intellectual property culture featured by respecting knowledge and upholding innovation and honest and lawful principles. Ⅳ Special tasks 1. Patent (16) We shall, guided by state strategic requirements, make allocations in technical areas such as biology and medication, information, new materials, advanced manufacturing, advanced energy, ocean, resource environment, modern agriculture, modern transportation, aviation and spaceflight etc. in advance, and hold a batch of patents on core technologies to support the development of high-tech and emerging industries. (17) We shall formulate and improve policies relevant to standards, regulate behaviors applying standards to patents, and support enterprises and trade organizations to participate in formulation of international standards initiatively. (18) We shall improve the employee invention system and establish an interest share system conductive to stimulating innovative initiatives of employee inventors and promoting application of patent technologies. (19) We shall perfect patent inspection processes according to conditions for authorization of patent rights and improve qualities of inspection, avoiding abnormal patent applications. (20) We shall properly handle the relationship between patent protection and public interests. Efforts shall be made to improve compulsory licensing system, give play to exception system, study formulation of reasonable relevant policies and ensure public to be able to obtain necessary products and services in a timely and adequate manner in public crises while protecting patent rights by law. 2. Trademark (21) Legitimate rights and interests of trademark owners and consumers shall be properly protected. We shall strengthen law enforcement to severely punish infringing acts such as counterfeiting, so as to maintain market order for fair competition. (22) Enterprises are supported to implement their trademark strategies and use own trademark in economic activities. Enterprises are advised to enrich connotation of their trademarks, add additional value to their trademarks, and improve popularity
of their trademarks to become famous trademarks. Enterprises are encouraged to undertake international trademark registrations to safeguard rights and interests of their trademarks and participate in international competition. (23) We shall give full play of trademark in agricultural industrialization, actively boosting registration and utilization of trademarks by market subjects and improving quality of agricultural products to ensure food safety, raise additional values of agricultural products and enhance market competitiveness. (24) Administration on trademarks shall be strengthened. We shall improve inspection efficiency for trademarks, reduce inspection periods and ensure inspection quality. We shall also respect market disciplines, and properly resolve issues such as recognition of well-known trademarks, famous trademarks, well-known products, brand products and excellent brands. 3. Copyright (25) We shall support development of industries concerning copyright including press, publication, broadcasting, film, TV, literature, art, cultural recreation, advertisement design, industrial art, software, information and website, and creation of works with distinctive national and time characteristics and excellent cultural works yet difficult to participate in market competition. (26) We shall improve systems and advance copyright to go to market. Efforts shall be made to further perfect systems such as copyright mortgage, work registration and filing of transference contracts, expand utilizing modes of copyright and reduce costs and risks in copyright trades. We shall give fully play to role of intermediary organizations such as copyright collective administration organizations, trades societies and agencies in copyright marketization. (27) We shall punish piracy by law and intensify punishments on piracy, mainly cracking down large-scale production, sale and promulgate pirated products and reducing piracies. (28) We shall meet challenges on copyright protection from development of new technologies such as internet effectively, and deal with relationship between copyright protection and guarantee of information promulgation, promoting promulgation of information while protecting of copyright by law. 4. Business secret
(29) Market subjects are advised to establish a business secret management system by law. We shall crack down behaviors steeling others’ business secrets, properly handle relationships between protection of business secrets and freedom of job selection, and competition restriction of secret involvers and rational flow of human resource, and safeguard employees’ legitimate rights and interests. 5. New variety of plant (30) We shall establish incentive systems to support cultivation of new varieties and drive transformation of innovative breeding achievements into ownerships of new varieties of plants, support establishment of sprout cultivation units with ownerships of new varieties of plants, establish and improve a technical supporting system for protection of new varieties of plants, speed up formulation of test guidelines for new varieties of plants and improve inspecting and testing level. (31) We shall rationally adjust interests among resource providers, breeders, producers and dealers, emphasizing protection of legitimate rights and interests of peasants, improve protection sense of sprout cultivation units and peasants on new varieties of plants, enabling owners and producing and distributing units of new varieties, as well as peasants using new varieties to obtain benefits. 6. Intellectual property in specific area (32) We shall improve the protection system for geographical indications, establish and improve the technical criteria system, quality guarantee system and inspection system for geographical indications, conduct general investigation on geographical indication resources, promote products of geographical indications, and advance natural and cultural resources with local characteristics to be transformed into actual productivity. (33) We shall improve the protection, development and utilization system for generic resources, avoiding drain and disorder utilization of generic resources, coordinate interest relationship among protection, development and utilization of generic resources, establishing a reasonable system for achievement of generic resources and share of interests, and safeguard generic resource providers’ rights to learn truths and consent.
(34) We shall perfect the protection system for traditional knowledge, support management and inheritance of traditional knowledge to promote the development of traditional knowledge, and improve the management, protection, utilization and coordination system for intellectual property of traditional Chinese medicine, enhancing protection, development and utilization of traditional processes. (35) We shall strengthen protection for folk literature and promote the development of folk literature. Efforts shall be made to further discover folk literature works, and establish an interest sharing system for protectors and follow-up creators of folk literature, safeguarding legitimate rights and interests of relevant individuals and groups. (36) We shall intensify the effective utilization of exclusive rights of IC layout designs to promote development of IC industry. 7. National defense intellectual property (37) We shall establish a unified coordinating administration system for national defense intellectual property, focusing on solving main issues such as ownership of rights and distribution of interests, paid use, incentive system and effective implement of technologies in emergent situations. (38) Administration for national defense intellectual property shall be enhanced. We shall apply administration of intellectual property to all links including scientific research on national defense, production, operation, equipment purchase, guarantee and project management to improve control ability on major national defense intellectual properties, issue guidelines of key technologies, having a group of independent intellectual properties in fields of military equipment key technology and army-people unifying high-tech, and establish a safety forewarning system for national defense intellectual properties, making special inspection on national defense intellectual properties in military technical cooperation and army supply trades. (39) Effective utilization of national defense intellectual properties shall be boosted. We shall perfect classification and declassification systems for national defense intellectual property, promote transference of national defense intellectual properties for civil use when ensuring national security and interests of national
defense, and encourage application of intellectual properties used in civil areas in national defense area. Ⅴ Strategic measures 1. Improving creating ability in intellectual property (40) An independent intellectual property creation system with enterprises as the main body, guided by market and featured by combination of industry, college and institute shall be established. Enterprises are advised to check intellectual property information before establishing R&D projects and launching business activities, and supported to create independent intellectual properties by manners of original innovation, integrated innovation and re-innovation based on introduction and absorption to improve their abilities in transforming innovative achievements into intellectual properties. Market subjects including enterprises are supported to achieve intellectual properties at abroad. Enterprises are also advised to improve their competing modes, make more efforts in technical innovation, improve product and service qualities and establish well-known brands. 2. Encouraging transformation and application of intellectual properties (41) Works are needed for making elements supporting innovation centralize in enterprises, putting forward the transference of innovative achievements by universities and scientific research institutes to enterprises, promoting application and industrialization of enterprises’ intellectual properties, and reducing industrialization cycle. Efforts shall be made to further carry out trial and demonstration works for all kinds of intellectual properties and improve abilities in utilization of intellectual properties and dealing with intellectual property challenges in all respects. (42) Market subjects are encouraged and supported to perfect the management system for technical information and business secrets, establish an intellectual property value evaluation, statistics and financial accounting system, as well as an intellectual property information retrieval system and a major issues forewarning system etc., and improve the management system for intellectual property in foreign cooperation.
(43) Market subjects are encouraged to response to infringing acts and legal proceedings regarding intellectual properties by law, and improve their abilities in handling disputes involved intellectual properties. 3. Accelerating legal construction on intellectual property (44) We shall establish a legislation system fitted for features of intellectual property, improve legislation quality and accelerate legislation process. More efforts shall be made in advanced study on intellectual property legislation and appraisal followed the legislation. We shall increase transparency of legislation, expand channels for enterprises, trade societies and social public to participate in the legislation, intensify efforts in amendment of intellectual property laws and legislative interpretation, response to new issues regarding intellectual property in a timely and effective way, and study and make out necessity and feasibility of basic laws for intellectual property. 4. Improving law enforcement level concerning intellectual property (45) We shall improve the intellectual property judicial system, optimize the allocation of judicial resources and simplify relief procedures. The founding of intellectual property tribunal for accepting civil, administrative and criminal cases involving intellectual property shall be studied. We shall study issues on jurisdiction of cases moderately involved patents which require more professional knowledge, probe into setting up intellectual property appellate courts, further perfect intellectual property judicial organizations, take more judicial personnel for intellectual property service, and improve abilities in justice and enforcement. (46) Judicial interpretation for intellectual property shall be enhanced. In light of features of intellectual property cases, such as high profession, proceeding systems including expert evidence, expert witness, and technical investigation shall be established and improved, and the pre-judgment interim measure system shall be improved. We shall reform approval and authorizing procedures for patent and trademark, and study issues of transformation of agencies responsible for patent invalidity judgment and trademark accreditation into quasi-judicial organs. (47) We shall improve qualities of law-enforcement personnel for intellectual property, reasonably allocate law-enforcement resources and raise law-enforcement
efficiency. Special acts targeting at protection of intellectual property against repeating infringement, group infringement as well as large-scale counterfeiting and piracy shall be carried out as schedules and with emphases. Vigorous efforts shall be made in transference of criminal cases involving intellectual property from administrative law-enforcement agencies to criminal judicial agencies and acceptance of cases involving intellectual property by criminal judicial agencies. (48) We shall spend more efforts on law enforcement in customs, enhance intellectual property protection at boundaries, and maintain good import and export order, so as to improve popularity of Chinese exports. The customs enforcement international cooperation system shall be fully utilized to crack down cross-boundary illegal behaviors involving intellectual property and exert influences of customs in international intellectual property protection tasks. 5. Strengthening intellectual property administration (49) Regional and trade intellectual property strategies shall be formulated and implemented. A reviewing system for intellectual property of major economic activities shall be established and improved. Independent intellectual property creation projects and industrializing projects which meet demands of social and economic development shall be supported. (50) We shall send more personnel to intellectual property administration service, enhance their business training and improve their qualities. Governments above county level can establish relevant intellectual property administrative agencies according to needs of economic and social development. (51) We shall perfect the intellectual property inspection and registration system, enhance ability improvement, optimize procedures, improve efficiency, decrease administrative costs and raise public service level for intellectual property. (52) The national basic intellectual property information public service platform shall be established. We shall create high-quality intellectual property information data bases on patent, trademark, copyright, IC layout design, new variety of plant and geographic indications, accelerate to develop a general retrieval system adapt for Chinese retrieval modes and habits, perfect protecting and testing organizations and preserving organizations for new varieties of plants, establish national defense intellectual property information platform, guide and encourage regions
and relevant trades to create intellectual property data base suitable for their own needs, and boost integration of intellectual property systems and resources, and information sharing. (53) The intellectual property forewarning and emergency system shall be established. Efforts shall be made to issue intellectual property developing trend report in major areas, and formulate emergency plans for potential intellectual property disputes, conflicts and emergent incidents with extensive involvement and large influences, handling them properly and controlling and reducing damages incurred. 6. Developing intermediary service for intellectual property (54) Efforts shall be made to improve intermediary services for intellectual property, reinforce trade self-discipline, establish integrity administration systems such as an integrity information administration system, a credit rating system and a punishment system for breach of credit, and regulate appraisal for intellectual property to improve public trust. (55) The professional training system for intellectual property intermediary services shall be established to enhance professional training for intermediary services and regulate administration of professional qualifications. Business scopes for intermediary service providers including intellectual property agents shall be defined and the establishment of relevant attorney procuration system shall be studied. The intermediary service system for national defense intellectual properties shall be improved. More efforts shall be made to improve agencies’ abilities in overseas intellectual property application, dispute settlement service and engagement in international intellectual property tasks. (56) We shall give full play to the role of trade societies, support them to carry out works involving intellectual property, promote exchange of intellectual property information and organize for joint safeguarding of rights. Governments shall spend more efforts in supervising and guiding of trade societies’ works regarding intellectual property. (57) We shall give full play to the role of technical market, establish an intellectual property trading system having adequate information, vigorous trading and good
order, simplify trading processes, reduce trading costs and provide high-quality services. (58) Marketizing intellectual property information service shall be cultivated and developed to satisfy demands for intellectual property information at all levels. Encouragement is given to intellectual property informationization invested with social capital, and development and utilization of intellectual property in a value-increasing manner by enterprises. 7. Strengthening construction of human resource for intellectual property (59) The department coordination system shall be established and overall planning for construction of human resource fro intellectual property shall be made. The establishment of human resource pool for intellectual property as well as professionals information platform at national and provincial level shall be accelerated. (60) We shall set up several national intellectual property human resource training bases, speed up building high-level teaching human resources for intellectual property, establish secondary subject of intellectual property, support universities, where conditions permissible, to establish master and doctor degree programs in intellectual property, and train professionals in all kinds and levels of intellectual properties in a large scale way, especially those specialized in administration of and provision of intermediary service in intellectual property, who are needed by enterprises. (61) Training plans shall be made out and training on intellectual property for party and government leaders, civil servants, administrators from enterprises and institutions, professional technical personnel, cultural and art creators and teachers shall be extensively launched. (62) We shall improve relevant systems concerning absorption, utilization and management of professionals in intellectual property, optimize structure of human resource and promote reasonably flow of human resource. The management system for civil servants in administrative agencies involving intellectual property shall be improved with consideration of the implement of the civil servant law. The professional technology appraisal system shall be established and improved
according to general requirements of the reform of the national professional-title system. 8. Promoting intellectual property cultural construction (63) A propaganda system for intellectual property dominated by government, supported by media and extensively participated by public shall be established. Efforts shall be made to improve the coordinating system, formulate relevant policies and work plans, and foster the propaganda and popularization of intellectual property and intellectual property cultural construction. (64) Courses relevant to intellectual property shall be provided in universities and the education on intellectual property shall be included in the quality-oriented education system for university students. Intellectual property popularization and education programs shall be made out and carried out for students at middle and primary schools, and contents relevant to intellectual property shall be included in programs for middle and primary school education. 9. Enlarging overseas exchange and cooperation on intellectual property (65) More efforts shall be made in overseas exchange and cooperation on intellectual property. We shall establish and improve an overseas information exchange system for intellectual property, increase exchange and cooperation on construction and utilization of international and regional intellectual property information resources and infrastructure, encourage foreign cooperation on intellectual property human resource training, advise national-supporting student abroad and encourage self-supporting students abroad to major in intellectual property, support introduction or employment of foreign talents in intellectual property, actively participate in building of international intellectual property order and effectively join in relevant agenda by international organizations