Amendments to China's Patent Law, which will come into effect next year, will bring the country more in line with international standards, a senior patent official said.
New provisions have been added to the law in line with the agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS), said Ma Lianyuan, a spokesman for the State Intellectual Property Office.
He was speaking yesterday at a press conference held by the State Council's Information Office in Beijing to explain the changes.
In accordance with TRIPS requirements, the amended law will allow patent holders who believe their rights are being infringed to ask people's courts to intervene.
Meeting TRIPS requirements is crucial for China to entry into the World Trade Organization, sources at the office said.
The amended law, which was passed at the 17th Session of the Standing Committee of the Ninth National People's Congress last month, will take effect on July 1 next year.
The law was also revised to encourage technological innovations and inventions and to promote fair competition among State-owned and non-State firms and institutions, said office commissioner Jiang Ying.
It also stipulates that State-owned and non-State enterprises and institutions should enjoy the same rights in this area.
"The aim is to encourage State-owned firms to prepare for international competition before China enters the WTO," said Jiang.
To help curb the increasing number of infringement cases, the new law authorizes patent administrations to crack down on counterfeiting, to confiscate illegal income and to fine patent violators. The move aims to supplement the fight by judicial departments against patent infringement, said Jiang.
The amended law will also simplify the procedures for patent registration and cut red tape for domestic bodies or individuals wanting to apply for patent protection in foreign countries.
"Although the amended law doesn't specify protection for some new and fast-developing technologies, such as the Internet and genetic products, China will keep a close eye on the development of these and work out relevant measures to protect patents in these areas," Jiang added.
The new Patent Law also highlights rewards for inventors in an effort to stimulate enthusiasm for technological innovation.
In addition, it states that patent administrations are not allowed to engage in trading patented products.
China adopted the Patent Law in 1985. It was first revised in 1992. Up till the end of February 2000, China has received 1 million patent applications and set up an effective mechanism for patent protection.
(China Daily September 2, 2000)
