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(I). To draft, formulate and revising a part of laws and
regulations in relation to trademark protection
1. To accelerate the study on revising the Trademark Law and
complete the drafting of the revision.
2. To accelerate the formulation of the Regulations on Trademark
Agents and prepare well for the implementation of the
Regulations.
3. To strengthen the study on the hotspot and difficult issues
in trademark law enforcement, accelerate the formulation of the
Opinions on Several Issues concerning Trademark Administrative
Enforcement, and solve common problems in trademark law
enforcement.
4. To study the conflict between trademarks and names of
enterprises and accelerate the formulation of the Regulations on
Handling the Conflict between Trademarks and Names of
Enterprises.
(II). To draft, formulate and revise a part of laws and
regulations in relation to patent protection
1. To accelerate the formulation of the Measures on Remuneration
of Radio and Television Statutory Licensing.
2. To accelerate the formulation of the Regulations on the
Copyright Protection of Folk Literature and Artistic Works.
3. To ensure the Measures on Voluntary Registration of Works
will be formulated well.
4. To accelerate the formulation of the Regulations on the
Protection of the Right of Communication through Information
Network in order to protect the right of communication through
information network and encourage the spread of good works,
performance and sound/visual recordings through information network
to the general public.
(III). To draft, formulate and revise a part of laws and
regulations in relation to patent protection
1. To revise the Regulations on Patent Agency in order to
standardize the conduct of patent agents, safeguard the normal
order of the patent agency industry, and protect the legitimate
rights and interests of interested parties.
2. To revise and issue the Guide on Patent Review, and edit,
publish, and publicize the Guide on Patent Review and translate it
into English.
3. To shape up the proposal on the third revision of the Patent
Law by widely soliciting the opinions and suggestions from relevant
departments of the State Council, the business community, public
institutions, universities, academic research institutes and patent
agents on the basis of completing the research on the third
revision.
(IV). To formulate and implement the Outline of IPR Protection
Action.
To observe the overall requirement of tackling problems both on
the surface and at the root, to identify key industries and areas,
to set periodic goals pertaining to weak aspects, to define
missions of strengthening law enforcement, fighting illegalities
and crimes, and long-term mechanism for promoting legal
construction, building enforcement teams, and intensifying
publicity and education, and to improve the IPR protection system
where administrative protection, judicial protection, safeguarding
of rights by right holders, self-discipline of industries,
intermediary services organizations, and public supervision
function collectively.
(V). To improve various rules and systems related to customs'
IPR protection and formulate regulations like the Measures on
Master Guarantee.
(VI). To formulate and revise a part of laws and regulations in
relation to pharmaceutical IPR protection.
1. To continue to cooperate with relevant departments to revise
the Regulations on Varieties of Chinese Traditional Medicines.
2. To continue the revision of the Implementing Rules of the
Regulations on Administrative Protection of Pharmaceuticals.
(VII). To formulate and implement the Regulations on IPR
Protection at Fairs and Exhibitions.
In order to reinforce IPR protection during fairs and
exhibitions, maintain the order of the exhibition and convention
industry, and promote the healthy development of the industry, the
Ministry of Commerce, the State Administration of Industry and
Commerce, the National Copyright Administration, the State
Intellectual Property Office will jointly formulate the Regulations
on IPR Protection at Fairs and Exhibitions, requesting departments
administering fairs and exhibitions to reinforce the coordination,
supervision and inspection for IPR protection at fairs and
exhibitions in order to maintain the normal order of the fairs and
exhibitions.
(VIII). To strengthen research and study, improve judicial
interpretation, and solve the problems concerning law application
in trials.
1. to issue the following four judicial interpretations at an
early date on the basis of furthering research and soliciting
opinions:
(1) Interpretation of the Supreme People's Court on Several
Issues Concerning the Laws Applicable for Civil Dispute Cases of
Unfair Competition.
(2) Interpretation of the Supreme People's Court on Several
Issues Concerning the Laws Applicable for Cases of Infringing the
Right of New Plant Species.
(3) Interpretation of the Supreme People's Court on Several
Issues Concerning the Laws Applicable for Civil Dispute Cases of
Conflicts of Intellectual Property Rights.
(4) Interpretation of the Supreme People's Court on Several
Issues Concerning the Laws Applicable for Civil Dispute Cases of
Music Video Copyright.
2. To ensure a rapid and effective drafting and revision of the
Interpretation of the Supreme People's Court on Several Issues
Concerning the Laws Applicable for Determination of Patent
Infringement in order to solve outstanding problems of law
application in trials.
3. To improve the Interpretation on Several Issues of Specific
Application of Laws in Handling Criminal Cases of IPR Infringement
jointly issued by the Supreme People's Court and the Supreme
People's Procuratorate so as to provide the legal ground for
combating crimes of infringing intellectual property rights. To
review the enforcement of Interpretation on Several Issues of
Specific Application of Laws in Handling Criminal Cases of IPR
Infringement over the past year and make prompt clarification or
further interpretation on problems in trials and practice,
particularly problems like the calculation of the value of illegal
business operation, crimes committed by units and repeated
counterfeiting.
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