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Intellectual Property: a Hot Topic for the Chinese Premier and People During NPC and CPPCC

 Hits: Time:07-03-20 22:43:00

The National People's Congress (NPC) and the Chinese People Political Consulting Conference (CPPCC), held once year, have caused wide concern, and but if you type "Intellectual Property" in the NPC and CPPCC websites, there will be some a dozen of webpages about it, such as relevant policies, laws and regulations, news and features. This show that IP has been playing a more and more significant role in China's socioeconomic development and have come to be recognized and understood by more and more people, and used to protect their legal rights.

The term IP had not appeared in the government report to the NPC until 1991, and sine then the term began to enter the eyes of Chinese. Over the past years after that, IP was raised to the national strategy from the system construction, such as the talent flow, science and technology management, intermediary organizations. Strengthening the IP creation, protection, management and utilization have become one the hotest topics of "the NPC& the CPPCC"

Three premiers consecutively promoting Intellectual Property to higher position

Former Premier Li Peng talked about work in IP at the 4th plenary session of Seventh NPC in 1991, saying that government would increase investment to science and technology, gradually established a complete IPR protection system, and further promoted the development of science and technology with the help of IP system. In the several years after then, the concept of IP wasn't fully understood and some even thought that IPR protection was for the foreigners' interests and had nothing to do with China's interests. In 1991, there were only 50,040 patent applications with 45,395 from Chinese and 4,645 from overseas. In the following two or three years, IP always engaged in talent flow, intermediary service and IPR protection.

In the government work report of 1995 to the third plenary session of 8th NPC, Mr. Li Peng urged to create all conditions speed up transformation of science and technology achievements to productive forces, China would enforce IPR protection and establish technology exchange markets in China. Mr. Li also wished to quicken the research practical technologies and set up hi-tech development zones. After that session, IPR protection became more and more integral with science and technology development, productivity progress and application of new technology. Meanwhile, domestic patent applications sharply increased to 83,045, with 68,880 from Chinese and 14,165 from overseas. Moreover, the patent application in 1996 reached 100 thousand, and the government had started to crackdown IP violations crimes, rectifying the economic order, completing the systems concerning patent, brand and copyright, and enforcing IPR protection became new ideas in the government work report of 1996 and 1997.Later on, the government paid more and more attention to the function of IP and people began to get better understanding of "IP". IP stepped on rapid development.

1998 was a year of further improvement for IP system, and also a year of IPR knowledge publicity in 1998. With the rapid development of economy in China and rising IP disputes in Sino-US trade talks, Chinese government came to again realize the importance and urgency and also in 1998, the State Council made the decision to set up State Intellectual Property Office, functioning as an affiliated organ directly under the State Council to take charge of patent and international IP affairs and coordination. In his fifth government work report to the NPC, Li noted that China's overall science and technology power was greatly improved in his government term, the government had approved a total of 224,000 patents and IPR protection had been dramatically enforced. Inventions were encouraged and innovation ability was enhanced. What was more, hi-tech research as well its industrialization was actively promoted, a batch of high and new-technologies and products with independent IPR came into birth. Since then, the term IP became more popular in Chinese medias.

In the government work report of 1999 made by former Premier Zhu Rongji, he, for the first time, put forward that strengthening and improving China's IPR protection was one of the most important tasks for the government. In 2000, after advocating multiform combination of production and research, Mr. Zhu asked to consolidate IPR protection and management, increase investment in science and technology, education and improve fund use efficiency. IPR protection was pushed to the highest position in Chinese history.

In 2001 and 2002, government regarded implementing the strategy of revitalizing the country through science, technology and education and strengthening the scientific innovation ability as one the key tasks of the year. Mr. Zhu listed IP into the strategy and made government work more completed.

In 2003, shortly before leaving his position, Mr. Zhu mentioned IP five times in his government report and thus deepened the concept to the people. Premier Zhu said, when summarizing his term, that science and technology innovation ability was distinctively strengthened, education was greatly developed and IP protection was further improved. The government would try to speed up the industrialization of some key science and technology achievements, so as to set up a group of large group companies with main business outstanding, independent IP and brand as well as strong international competitiveness. Zhu also urged to make great efforts in core technology research in key fields, and try to obtain our own independent IPR, so China should enforce IPR protection, encourage invention, and speed up the transformation of science and technology achievements to practical productivity.

As China's economic system reform and opening up going further, a group of large Chinese companies with strong competitiveness ability and independent IP and brand came into being, but infringements and piracy to IPR, trademarks and patent rights also became a big problem in the process. In 2004, Premier Wen Jiabao indicated that it was be crucial and urgent to improve the IPR protection, punish infringements by law and carry out IPR protection action.

After China's joining into the WTO, China's economy had experienced a rapid development, market order, safe of food and drug, IPR protection became important aspects in Chinese government's work in 2005. The central government called on building China to be an innovative country, speeding up to develop the technology with independent IPR, encouraging enterprises to own independent IPR and brands so as to provide the strong support to the construction well-off society in China. To do so, the IPR protection system had to be completed. Over the past decade, patent application in China made historical progress, as in 2006, for example, patent applications exceeded 3 million.

In 2007 Premier Wen put IP to a new historical position, as he stressed in his government work report that the government should stipulate and implement the national IP strategy as soon as possible and in deed strengthen the IPR protection. He asked to speed up the upgrade of industrial structure and self-innovation, consolidate the basic and advanced technical research and social commonweal study, set up the system favoring technical innovation with the enterprise as the main body, market as the orientation, and production and research as a whole. China will further complete the incentive system of self-innovation, implement the encouragement financial, tax, monetary and government purchasing policies, actively develop risk investment, Mr. Wen said, and he asked to stipulate and implement the national IP strategy as soon as possible to strengthen the IP protection. "We will concern the total amount of patent application, but even concern the value of a patent bringing out and the ratio of adopting the patent. Meanwhile, the construction of IP culture should be put on the agenda."

IP, one of key tasks for local officials

In recent years, IPR protection has caused more and more attention, and the patent application has been increasing dramatically year by year. IP, thus, has become an important aspect of the China's economic development as well as local governments' agenda.

This year will be an IP culture year, and thus local government will put IP in primacy to help more people get better understanding of IP, using IP laws to protect their legal rights.

In 2007, IPR protection is also the highlight of government reports of at least 24 provincial governments. The governor of Zhejiang Province, for example, promised that Zhejiang would adopt active IPR strategy, enforce IPR protection as well as develop risk investment, and by carrying out IPR strategy, cracking down infringements, encouraging innovation and invention, Zhejiang will be expected to have more innovative enterprises of independent IPR. Acting governor of Shaanxi said that his province would enforce the IPR protection and innovation system, and take IPR protection as a breakthrough to set up some model industrial projects and thus promote the overall development of whole province. Jiangsu Province will endeavor to boost a balanced economic development, conscientiously consolidate IP protection, actively promote the social harmony and indeed improve the government work.

The three provincial government work reports reveal that IP has become an important factor in local economy development, while patent application has become a lead. A number of innovative enterprises with independent IPR can not only create economic value, upgrade local socioeconomic level, but also strong guarantee to ensure the building of a harmonious society. Local governments have come to realize IPR protection will help local social and economic development going smoothly, thus, IPR protection has been repeatedly listed in local government reports.

In recent years, patent applications in local patent offices have been keeping on rising year by year. In 2006, for example, Guangdong province came to the largest province in patent application, while Jiangsu jumped to the second. Guangdong, Jiangsu and Shandong all enjoyed more than 50 percent increases in 2006. These all indicate local government have put IP in primacy in publicizing IP knowledge.

IP, a popular term in "the NPC and CPPCC"

IP began to truly draw the universal attention from major medias around year of 1998, when China was in a crucial period of economic development and many international disputes occurred frequently. IPR issues, then, became a hot topic among the NPC and CPPCC deputies and members. China, for the first time, mentioned the term IPR at its government report in 1991, but 1998, 7 years later, either the government or the public began to have new understanding to its meanings.

IP covers very extensive ranges, including trademark, patent and copyright, and the three categories are closely related with people's daily life, and the importance resulting in the frequent appearance on many medias. "To put more emphasis on IP protection, consolidate the IPR management and protection" is the highlight of many newspapers; "to put more emphasis on the technology of independent IP and famous brands" appears on TV and radio day and day, while the government work report was lively transferred to people by TV, internet, radios, enabling more people to better understand IP.

In addition, with China more and more emerging with world, China's professional IP talents became a focus of the society. IP courses were opened in universities including IP theory, law and patent commissioning. The graduates will fill in the shortage of China IP professionals.

"The NPC and CPPCC" deputies and members no longer strange with IP

In the government work report, the premier Wen Jiabao attached great importance to IP, wining wide reorganization from the deputies and members of "the NPC and CPPCC". The voices of deputies and members further push forward IP development.

In the past NPC and CPPCC, appeal on IP issues only came from deputies or members from a certain industry or certain circle, such a scholars or jurist, but they merely discussed the knowledge of IP instead of the substantial meaning from the position of inventors or the persons who were infringed. The NPC and CPPCC deputies and members nowadays are from all walks of life, consisting of scholars, specialists, lawyers, entrepreneurs, workers or farmers. Their ideas are more completed and from the practice. For an instance: the issues in science and technology innovation, IP issue of trademark infringement, patent infringement, etc.

Further, more and more NPC deputies and CPPCC members have set up their own blogs, a channel to listen to common people's ideas, such as their complains to medical care service, surging housing prices, IP infringement, reemployment, environment politics, delay in salary payment, etc.

The concern to IPR, either from the NPC and CPPCC deputies and members, or from premier, or from the ordinary people, all represents one expectation, the smooth and quick development of China's IP clause.


Source:http://www.sipo.gov.cn
2007-03-20

 

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