China's WTO Updates
Better Protection of Rights Ensured

In a move to better protect the interests of foreign professionals in Beijing, the capital has strengthened legal protection of intellectual property rights.

Beijing High People's Court released a set of patent regulations recently detailing the infringements upon patent rights.

The new rules are based on the amendments of the Patent Law of the People's Republic of China promulgated on April 1, 1995.

The rules also take into full consideration the Agreement on Trade-related Aspects of Intellectual Property Rights (TRIPS), which is one of the major principles of the World Trade Organization (WTO) members.

Wang Zhenqing, vice-president of Beijing High People's Court, said the new rules, which add up to 129 entries, extend patent protection to almost all fields, including the protection of Olympics-related patents.

More conflicts on patent rights are expected to surface over the next few years in Beijing, following Beijing's successful bid to host the 2008 Olympic Games and China's upcoming entry into the WTO.

Although a multitude of opportunities will be created for foreign investors over the next years, the capital still needs to improve the foreign investment environment.

Therefore, judges and judicial officers of the capital should "get prepared" through studying the rules of WTO, especially the TRIPS, Wang noted.

Wang said the new rules will help ensure "fair play" for both domestic and foreign companies and therefore bring Beijing closer to the adherence of WTO requirements.

Under such rules, technological innovation will be better encouraged and utilized, according to Wang.

Beijing will "set a good example" for other cities around the country in the protection of intellectual property rights, Wang promised.

Beijing's judicial departments took the mainland's lead in setting up intellectual property courts early in 1993.

More than two-thirds of the judges of intellectual property courts in Beijing have studied patent laws overseas. More than 40 percent of them have obtained advanced degrees.

From 1998 to 2000, courts at all levels in Beijing accepted a total of 2,118 cases on intellectual property rights, 396 of which were patent cases.

(China Daily October 11, 2001)

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