To fully exhibit the IPR protection achievements of China in
2006, to publicize IPR protection work and to cooperate with "The
National IPR Week 2007" and "China High-level Forum on Intellectual
Property Rights Protection 2007", the website Intellectual Property
Protection in China (IPR in China) has launched the election of
2006 Top Ten IPR Protection Events in China together with related
media.
After nearly 3 months of recommendation, online solicitation,
public vote and experts' appraisement, the "2006 Top Ten IPR
Protection Events in China" emerged. Those include:
I. Central Committee of CPC calls for improving China's
IPR system, and greatly elevating the abilities of IPR creation,
management, protection and utilization.
On the afternoon of May 26, 2006, the Political Bureau of the
Central Committee of the Communist Party of China (CPC) held the
31st study meeting mainly discussing international IPR protection
and construction of China's IPR legal and policy system.
General Secretary of the CPC Central Committee Hu Jintao said at
the meeting that China should work out a national Intellectual
Property Rights (IPR) strategy backed up by a sound legal and
policy system.
And he also said the new IPR strategy should concentrate on IPR
creation, management, protection and utilization, which will help
develop a batch of China's own IPR with core techniques and benefit
the overall social and economic development.
"Only by doing so can China improve its innovation capability
and adapt to the socialist market economy and the international
environment," Hu said.
II. China enters into WIPO Copyright Treaty and WIPO
Performances and Phonograms Treaty.
On December 29, 2006, the Standing Committee of the 10th
National People's Congress approved the proposal on joining WIPO
Copyright Treaty and WIPO Performances and Phonograms Treaty.
III. The "Outline of IPR Protection Actions (2006-2007)"
and the "China's Action Plan on IPR Protection 2006" are officially
released.
In April 2006, the General Office of the State Council
circulated the "Outline of IPR Protection Actions (2006-2007)"
(GuoBanFa [2006] No.22), fully stipulating the guiding principles,
working objectives, working requirements, focuses and principal
measures, etc. in recent two years. According to the requirements
of the Outline, local governments planned out relevant
measures.
In February 2006, the State Office of Intellectual Property
Protection, in conjunction with other members of the National
Working Group for IPR Protection, formulated "China's Action Plan
on IPR Protection 2006," clearly defining China's tasks in IPR
protection in 2006. The Action Plan covers 9 areas: legislation,
law enforcement, mechanism building, publicity, training and
education, international communication and cooperation, promoting
business self-discipline, services to right holders, and subject
research. As of the end of 2006, all measures included in the
Action Plan had been implemented and won applause from home and
abroad.
IV. Great achievement has been gained in planning out
China's IP strategy.
The formulation work of China's IP strategy made great
breakthrough. The draft of the IP strategy has been completed and
the appraisal of its 20 special topics will be conducted in
succession.
V. "Ordinance on the Protection of the Right to Network
Dissemination of Information" is promulgated by the State
Council.
On May 18, 2006, China's Premier Wen Jiabao endorsed the Decree
No.468 of the State Council to promulgate the "Ordinance on the
Protection of the Right to Network Dissemination of Information,"
which took effect since July 1, 2006.
The Ordinance plays an important role in protecting the right to
network dissemination of information of the copyright owners,
performers and producers of audio-visual products, and is conducive
to the development of material civilization and spiritual
civilization.
VI. China sets up 50 service centers for IPR
protection.
In 2006, in accordance with the arrangement of the "Outline of
IPR Protection Actions (2006-2007)" and the deployment of national
IPR protection work, 50 service centers for IPR protection have
been established and put into operation. In addition, the unified
IPR hotline "12312" has been opened for the public to report,
complain and consult on IPR infringement.
On April 26, 2006, "Intellectual Property Protection in China"
(www.ipr.gov.cn), the official website for National Working Group
for IPR Protection, was grandly opened, followed by 50 service
centers for IPR protection. The special columns for reporting and
consulting have been opened on "Intellectual Property Protection in
China" and its sub-websites, so as to receive online reports and
complaints.
VII. "Shanghai Initiative" calls for intensified efforts
with other countries in fighting IPR infringements.
From March 31 to April 1, 2006, the Ministry of Public Security
and the State Office of Intellectual Property Protection co-hosted
the 2006 China Forum on Criminal IPR Protection.
Representatives from China, International Criminal Police
Organization, World Intellectual Property Organization the EU, the
U.S., Canada, Australia, France and Germany and other law
enforcement organizations in unanimously approved the "Shanghai
Initiative" for the purpose of strengthening the exchange and
co-operation of international law enforcement in protecting IPR as
well as strengthening global joint effort in combating crimes that
infringed on IPR.
VIII. China's patent applications top 3
million
On June 27, 2006, the number of patent applications filed to the
State Intellectual Property Office (SIPO) had topped three
million.
SIPO Director Tian Lipu said it took nearly 15 years for China
to reach its first one million patent applications, following the
introduction of the Patent Law in the mid-1980s. It then took about
four years to reach the next one million, but it only took two more
years to reach the three million mark.
"The rapid expansion of patent applications in China reflects
the significant development of China's IP environment, and also
indicates the country's focus on innovation and IP protection,"
Tian said.
IX. Ten governmental departments develop "100-day
Campaign against Piracy".
On July 15, 2006, the National Anti-Pornography and Anti-Piracy
Office, the ministries of culture, public security, construction
and supervision, the State Administration for Industry and
Commerce, and the General Administration of Press and Publication
joined forces to launch a 100-day crackdown on piracy ("100-day
Campaign against Piracy").
From July 15 to the end of October, more than 58 million illegal
publications had been confiscated, 4 illegal VCD and DVD production
lines had been closed and more than 10,000 piracy and pornographic
cases had been dealt with.
X. Domestic enterprise wins the Markman Order in a
patent infringement case for the first time.
On May 23, 2006, General Protecht Group Inc, a Zhejiang-based
company, received the Markman Order, after a two-year patent
dispute lawsuit with the US electric company Leviton.
According to the Order, the court accepted the claims of General
Protecht that its products are beyond the scope of Leviton's
patent; General Protecht's products do not violate Leviton's patent
rights. It is for the first time that China's enterprise won this
kind of order from a US court.
On November 19, 2006, CCTV-2 invited the president of General
Protecht Chen Wusheng to take part in "Dialogue" program, under the
background of General Protecht's experience in safeguarding its
right. It triggered the discussion on "Overseas IPR Protection of
Chinese Enterprises."
(IPR in China April 19, 2007)
