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中国制定2006保护知识产权行动计划(英文)

中文版

http://www.b2china.globalsino.com/ 2006年04月30日14:59 中国保护知识产权网

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  Information on China’s Action Plan on IPR Protection 2006

  To better protect the IPR, resolutely punish and combat various infringement and other illegal activities, the National IPR Protection Working Group Office, in conjunction with other relevant departments, formulated “China’s Action Plan on IPR Protection 2006” (hereinafter referred to as the “Action Plan”).

   Focusing on major issues in relation with China’s IPR protection efforts, the Action Plan clearly defines the China’s tasks in IPR protection in 2006. It is a comprehensive, scientific and highly workable action plan with priorities, and therefore plays an important role in guiding China’s IPR protection endeavor.

  The Action Plan covers 4 major areas: trade mark, copyright, patent and import and export, which involve the IPR protection plans and arrangements of 11 departments, including the Ministry of Public Security, Ministry of Information Industry, Ministry of Commerce, Ministry of Culture, Customs General Administration, State Administration of Industry and Commerce, Administration of Quality Inspection, Supervision and Quarantine, Copyright Bureau, State Food and Drug Administration, State Intellectual Property Office, and Legislative Affairs Office of the State Council. The Action Plan covers 9 areas: legislation, law enforcement, mechanism building, propaganda, training and education, international communication and cooperation, promoting business self discipline, services to right holders, and subject research. In line with the Action Plan, in 2006 China will draft, formulate and revise 17 laws, regulations, rules and measures relating to trademark, copyright, patent and customs protection, and draft, improve and revise 6 judicial interpretations. The IPR law enforcement efforts will include 7 dedicated campaigns such as the “Mountain Eagle”, “Sunshine” and “Blue Sky”, 8 regular enforcement initiatives and 20 specific measures. The government is going to establish a long standing mechanism constituting 12 parts, including a service center for reporting and complaining IPR violations and publicizing law enforcement statistics, and 19 specific measures. 7 approaches and 39 measures will be adopted to raise the general public’s awareness of IPR protection. 21 IPR training programs will be organized under the Project of Training Thousands of IPR Personnel. The focus of IPR related international exchanges and cooperation will be on legislation, trade mark, copyright, patent and customs protection, which will be facilitated through 19 exchange and cooperation activities, out of which 7 will be between China and the US. With a view to improving enterprises’ consciousness and awareness of IPR protection, 3 initiatives will be launched, including the convening of a conference on enterprises’ IPR protection and proprietary innovation. 12 specific measures covering 9 areas will be put in place to better serve the right holders. Besides, countermeasure oriented research will be conducted in 5 fields to strengthen IPR protection.

  I. Legislative Plan

  (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.

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