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By2035,China aims to fundamentally modernize system and capabilities of IP protection

Release Time：

2024-06-12

　Improving the intellectual property(IP)protection system is a crucial element for promoting innovation.Recently,the China National Intellec-tual Property Administration(CNI-PA),in conjunction with eight other departments,jointly issued the Imple-mentation Plan for the Development of the Intellectual Property Protection System.The Plan outlines a construc-tion strategy,two phased goals,seven construction tasks,and four protective measures.According to the Plan,by 2027,China aims to achieve signifi-cant breakthroughs by addressing cur-rent key challenges in IP protection,meeting the development needs of the future;by 2035,aligning with the spe-cific tasks of becoming a strong IP na-tion,China aims to fundamentally modernize its IP protection system and capabilities.

　　From stringent protection to precise and efficient protection

　　Implementing a dual-track system that emphasizes both administrative and judicial protections has been a dis-tinctive path taken by China in IP pro-tection.The Plan highlights a strin-gent direction for IP law enforcement and judicial protection,innovating while consolidating and expanding on existing achievements.It specifically sets forth plans to fully implement a punitive damage system and to contin-uously carry out specialized adminis-trative law enforcement actions,there-by speeding up the creation of an in-terconnected and efficient IP law en-forcement and judicial system to bet-ter safeguard the innovation environ-ment and business environment with the power of law.

　　Standardization is as important as protection.The Plan designs measures to enhance supervision over IP-relat-ed civil and administrative litigation.It continues to push for solutions to systemic challenges that hinder inno-vative development,such as inconsis-tent enforcement and judicial stan-dards,complex procedures,and ineffi-cient protection mechanisms.The Plan sets targeted requirements for ad-vancing reforms of the"three-in-one"trial mechanisms for IP-related civil,criminal,and administrative cases,and for enhancing the standardization of patent administrative adjudications.According to the Plan,Chinese regula-tory bodies will continue to strength-en analyses of key challenges and dif-ficulties in the reform of the"three-in-one"trial mechanisms,and deepen the promotion of legally coordinated civil damages,administrative duties,and criminal litigation.

　　Focusing on efficient dispute reso-lution through administrative protec-tion,Shanghai has developed a"quick mediation+rapid adjudication+pre-cise trial"model for patent administra-tive adjudications,creating a compre-hensive technical support system and setting an example for the standardiza-tion of administrative adjudications.Shanghai is accelerating the establish-ment of a municipal and district-level administrative adjudication system for patent infringement disputes,to en-sure the effective implementation of the Plan.

　　From coordinated administration by authorities to building a social co-governance system

　　The development of a robust IP protection system relies on the benefi-cial interaction between an active gov-ernment and an effective market.The Plan details improvements to the IP protection administration system and proposes building a social co-gover-nance system for IP protection,further clarifying the organizational and com-prehensive systems for IP protection.

　　Rapid protection agencies are cru-cial carriers for the development of the IP protection system.Following the Plan,CNIPA will focus on major national strategies and strive to estab-lish a hierarchical and coordinated work system with national rapid pro-tection agencies as the support and various IP protection agencies at dif-ferent levels as extensions,to robustly support the construction of the IP pro-tection system.

　　Transitioning from coordinated IP protection administration to establish-ing a social co-governance system for IP protection illustrates the concrete realization of improving social gover-nance systems and enhancing gover-nance efficiency in IP protection.The Plan stresses the importance of main-taining government guidance and in-dustry self-regulation,fully utilizing the roles of mediation organizations,arbitration institutions,notary offices,enterprises,and public institutions in IP protection.

　　Relevant departments are dedicat-ed to making the co-governance sys-tem tangible.The CNIPA is focusing on pooling social co-governance ef-forts,guiding industry self-regulation and standards development through national standards,publishing typical cases of IP administrative protection,and promoting diverse experiences and practices in IP dispute mediation,continuously raising IP protection awareness across society.Following the blueprint laid out in the Plan,IP protection efforts are poised to release even more powerful energy in the con-struction of China as a modern social-ist country.

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