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What are the new developments in the protection of intellectual property rights in China

Release Time：

2022-04-28

Intellectual property protection is an important aspect of shaping a good business environment. Recently, the Office of the National Leading Group for Combating Infringement and Counterfeiting released the "New Progress Report on China's Intellectual Property Protection and Business Environment (2021)" (hereinafter referred to as the "Report"), which comprehensively summarizes the significant achievements of China in strengthening intellectual property protection, optimizing the business environment, and deepening international exchanges and cooperation in recent years.

April 26th is the 22nd World Intellectual Property Day. At a press conference held by the State Council Information Office, relevant department heads introduced the relevant content of the Report and China's actions to strengthen intellectual property protection.

"The past year has been a milestone in the history of China's economic development. From an international perspective, the world economy has struggled to recover amidst turbulence, and the business environment has diverged due to conflicting interests. From a domestic perspective, the '14th Five Year Plan' has achieved a good start in economic and social development, accelerated the advancement of intellectual property rights, and steadily improved capabilities in creation, utilization, protection, management, and service." Gan Lin, Deputy Director of the State Administration for Market Regulation, said.

It is reported that the "Report" presents new achievements in intellectual property protection work in 2021- government departments have issued a series of plans and deployments, improved relevant laws and regulations, and carried out special rectification actions such as "Jianwang", "Tiequan", "Longteng", "Online Net Cleaning and Offline Source Cleaning"; This demonstrates new progress in optimizing the business environment in 2021- strengthening guidance on foreign investment policies, gradually expanding the scope of industry access, solidly promoting anti monopoly and anti unfair competition work, and continuously improving the level of commercial services.

"In recent years, a series of positive measures have created a favorable development environment for foreign-funded enterprises in strengthening their intellectual property protection," Gan Lin said. The Action Plan for the Protection of Intellectual Property Rights of Foreign Invested Enterprises, issued in 2017, focuses on cracking down on illegal and criminal activities that infringe on the intellectual property rights of foreign invested enterprises nationwide; The Foreign Investment Law, which officially came into effect in 2020, has made unified provisions for the promotion, protection, and management of foreign investment; The "Outline for Building a Strong Intellectual Property Country (2021-2035)" and the "14th Five Year Plan for National Intellectual Property Protection and Application" released in 2021 deploy and promote the protection of intellectual property rights for foreign-invested enterprises in the top-level design.

According to statistics, in 2021, foreign applicants obtained 110000 invention patent authorizations in China, a year-on-year increase of 23%; 194000 trademark registrations, a year-on-year increase of 5.2%. Among them, the number of invention patent authorizations and trademark registrations by American applicants in China increased by 32.1% and 17.3%, respectively. The 2021 China Business Environment Survey Report released by the US China National Committee on Trade shows that 95% of surveyed companies continue to maintain profitability in China, and 74% of surveyed companies consider China as the most important country or one of the top five key countries in their global strategy.

"Strictly cracking down on infringement and piracy activities, creating a good copyright protection environment, and safeguarding innovation driven development are important responsibilities of copyright management departments at all levels," said Wang Zhicheng, Director of the Copyright Management Bureau of the Central Propaganda Department.

In 2021, the National Copyright Administration, together with relevant departments, organized and carried out special campaigns to crack down on the theft and dissemination of cinema films, the "Jianwang 2021" special campaign to combat online infringement and piracy, the Winter Olympics copyright protection concentrated campaign, and the youth copyright protection season, focusing on regulating the copyright order in key areas. Among them, the "Jianwang 2021" action focuses on strengthening copyright supervision in the fields of short videos, online live streaming, sports events, and online education. During the action, a total of 1.197 million infringing and pirated links were deleted, 1066 infringing and pirated websites and apps were closed, and 1031 cases of online infringement and piracy were investigated, including 135 criminal cases with a total amount of 711 million yuan. The Winter Olympics copyright protection concentrated action focuses on cracking down on short video platforms providing unauthorized links to Winter Olympics program broadcasts. During the action, we promoted online platforms to delete 110700 infringing links related to the Winter Olympics, disposed of 10072 infringing accounts, and effectively maintained the order of Winter Olympics copyright protection. In terms of film copyright protection, for two consecutive years since 2021, a concentrated action has been carried out to crack down on the theft and dissemination of cinema related movies, promoting the deletion of nearly 40000 infringing links on cinema related movies on various online platforms, and investigating 51 key cases of infringement on cinema related movies, effectively curbing the trend of cinema related movie theft and dissemination. The Youth Copyright Protection Season event announced a batch of 14 typical cases of infringement and piracy of textbooks, teaching aids, and children's books in late February.

Zhang Zhicheng, Director of the Intellectual Property Protection Department of the China National Intellectual Property Administration, pointed out that in order to strengthen intellectual property protection, the China National Intellectual Property Administration strengthened organization and coordination, strengthened the coordination of administrative law enforcement, criminal law enforcement and judicial case handling, focused on key areas, key links and frequent regions to develop special governance, and continued to strengthen the administrative adjudication of patent infringement disputes. In 2021, the national intellectual property system, together with judicial administrative agencies, accepted 64800 mediation cases; A total of 49800 patent infringement administrative adjudication cases were accepted, a year-on-year increase of 17.4%. At the same time, several provisions on regulating patent application behavior will be revised to increase the crackdown on abnormal patent applications. Last year, 696000 invention patents were authorized, 7.739 million registered trademarks were approved, 99 geographical indication products were newly recognized, and 447 collective and certification trademarks were granted.

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