CNIPA released Outline for Building a Powerful Intellectual Property Country 2021-2022 in China
On January 4, 2022, the China National Intellectual Property Administration (CNIPA) has published the 2021-2022 Outline for Building a Powerful Intellectual Property Country and the Annual Promotion Plan for the Implementation of the 14th Five-Year Plan. The Outline comprises 115 points divided into 7 categories. The Outline is the basis for how China will implement the IP portion of the Central Government’s current 5-year plan from 2021 to 2022.
The categories of the Outline for Building a Powerful Intellectual Property Country 2021-2022 include:
- Improving the intellectual property system (amending the Anti-Monopoly Law);
- Strengthening the protection of intellectual property rights (formulate interpretations re punitive damages in civil IP cases);
- Improving the operating mechanism of the intellectual property market (enhance quality control for patent and trademark examination);
- Improving the level of public services for intellectual property (boost open sharing of intellectual property data);
- Creating a good humanistic and social environment for intellectual property rights (commemorate World Intellectual Property Day);
- Deepening participation in global intellectual property governance (actively participate in the World Intellectual Property Organization and World Trade Organization);
- Strengthen organizational guarantees (develop various implementation plans for IP).
Expert opinions
Aaron Wininger, a director of the China IP Practice, at Schwegman, Lundberg & Woessner P.A. stated about the introduction of the Outline for Building a Powerful Intellectual Property Country 2021-2022: “Highlights if this outline includes many different government organizations amending IP legislation, generating new or amended legal interpretations and other provisions. For example, there are plans to revise the Anti-Monopoly Law of the People’s Republic of China, Detailed Rules for the Implementation of the Patent Law of the People’s Republic of China, Provisions on Regulating Patent Application Behavior, and Provisions on the Protection of Trade Secrets. On the copyright side, there are plans to amend the Regulations on the Implementation of the Copyright Law of the People’s Republic of China, Regulations on Copyright Collective Management, Trial Measures for Voluntary Registration of Works, Measures for the Registration of Computer Software Copyrights, Measures for the Implementation of Copyright Administrative Penalties, and advance the legislation of the Regulations on Copyright Protection of Folklore and Art Works.”
In addition, Wininger noted: “Also, it shows China’s interest in joining several international IP agreements and free trade agreements. For example, China confirmed it plans to join the Hague Agreement on Industrial Designs, of which 92 countries are already members including the US, European Union, among others.”
Finally, Wininger expressed his optimism and belief in China’s 14th Five- Year Plan regarding the IP aspect: “Generally, when China sets goals they are accomplished. Accordingly, we should see all the needed amendments to the IP laws and regulations coming out in 2022.”
***Other Articles***
– You could see How To Register Trademark in China here.
– You could visit here to see Procedure of Trademark in China.
– You could visit here to check Required documents of filing trademark in China.
Contact AAA IPRIGHT: Email: [email protected]
Or sending your inquiry by filling the form:
