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China in Full Swing to Enhance IPR Protection

IPR protection relates to the modernization of China's governance system and capacity, high-quality development, people's happiness,  grand scheme of the country's opening up to the outside world and national security. To build a modern socialist country in an all-round way, it is necessary to proceed from the height of national strategy and the requirements of entering a new stage of development, to strengthen IPR protection comprehensively, promote the building of a modernized economy, stimulate the innovation vitality of the entire society and promote the construction of a new development pattern, said Xi Jinping, general secretary of the Communist Party of China (CPC) Central Committee, while presiding over the 25th group study session of the Political Bureau of the CPC Central Committee on November 30.

In his speech at the group study, Xi pointed out that innovation is the primary driving force behind development, and protecting IPR is equal to protecting innovation. China is changing from a big country of introducing IPR to a big country of creating IPR, and from pursuing IPR quantity to improving quality. He called for a clear understanding of the situation and tasks of China's IPR protection as well as a better understanding of the importance of relevant work, so as to provide a strong guarantee for implementing new development concepts, building the new development pattern and promoting high-quality development.

Xi stressed that China's IPR protection work began shortly after the founding of New China. Since the 18th CPC National Congress, the CPC Central Committee has put IPR protection in a more prominent position through promoting a series of reforms, rolling out a series of major policies, actions and plans, implementing a strict IPR protection system, and resolutely punishing the infringements of legitimate rights and interests, especially IPR infringements. This comes at a time when China has made historic achievements in IPR protection, and the awareness of society as a whole to respect and protect IPR has significantly improved.

As Xi said, China will improve the top-level design for IPR protection and create a national plan for IPR protection and application for the 14th Five-Year Plan period from 2021 to 2025, specifying goals, tasks, measures and a blueprint for implementation. The plan will strictly protect IPR, ensure public interests and create incentives for innovation.

China will make IPR protection more law-based through strictly implementing relevant provisions of the Civil Code, speeding up the improvement of relevant laws and regulations, promoting the amendments of laws including the Patent Law, the Trademark Law and the Copyright Law, and striving for consistency among different laws. In addition, China will improve legislation in the fields of geographical indications and trade secrets, strengthen civil judicial protection through formulating litigation rules that conform to the laws of IPR-related cases and promote the unification of IPR administrative law enforcement and judicial judgment standards to improve the cohesive mechanism between administrative and judicial enforcement, said Xi.He added China should improve the quality and efficiency of IPR-related trials, improve criminal laws and judicial interpretations and intensify efforts to crack down on IPR-related crimes.

Xi noted that China will strengthen the whole-chain of IPR protection by comprehensively employing legal, administrative, economic, technological and social governance tools, and improving the protection system through the coordination of various aspects including administrative law enforcement, judicial protection, arbitration and mediation, self-discipline of industry, credit system of citizens. China should improve the comprehensive management system for intellectual property, Xi said, adding that China needs to coordinate IPR protection, anti-monopoly, and fair competition reviews to promote the orderly flow and efficient allocation of innovation resources. Xi called for a well-rounded IPR public service system so that innovation achievements can better benefit the people. The construction of IPR-related information and intelligent infrastructures should also be improved, Xi added. Publicity and education on IPR protection should be strengthened, Xi said, adding that the entire society should be more aware of respecting and protecting IPR.

Xi called for deepening the reform of IPR protection mechanisms and systems. To improve the IPR examination system, it is necessary to study and implement differentiated industrial and regional IPR policies. Regarding the IPR protection system, he urged to make further improvements in new fields and new businesses, including big data, artificial intelligence and gene technology, and create protection measures in the fields of traditional arts and knowledge. He also called for deepening the reform and innovation in IPR trials to improve the IPR litigation system, and promptly implement the punitive damage system. Efforts should also be made to improve the IPR evaluation and ownership system, and formulate regulations to prevent IPR abuse.

As Xi pointed out, China will promote IP and competition in IPR, take part in the global intellectual property governance within the World Intellectual Property Organization framework, promote the improvement of international rules and standards concerning IPR and related international trade and investment fields, and push the global IP governance system to a more just and equitable direction. In order to promote knowledge sharing, China will deepen the IP cooperation with the countries and regions along the Belt and Road.

Xi also said that China will safeguard national security in the IPR field, strengthen the independent research, development and protection of core technologies related to national security and administer the transfers of IPRs concerning national security in accordance with the law. Work should be done to create an efficient international mechanism for the early warning of and emergency response to IPR risks, and establish a risk prevention and control system for foreign-related IPR issues.

Xi pointed out that Party committees and governments at all levels should make concrete efforts to improve the coordination mechanism of IPR work, attach importance to IPR talent training, and resolutely overcome local protectionism.

Source:China IP News

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