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Vigorous legal protection for IPRs of foreign-funded enterprises

Release Time：

2024-12-11

"It is essential to ensure equal treat-ment and protection of intellectual property rights(IPRs)for both do-mestic and foreign-funded enterprises,foster a first-class business environ-ment that is market-oriented,law-based,and internationalized,attract global resources,facilitate greater utili-zation of foreign investment,and con-tribute to the domestic-international'dual circulation'development para-digm."Recently,the China National Intellectual Property Administration(CNIPA)held its November 2024 press conference,introducing initia-tives and achievements in building a first-class business environment that is market-oriented,law-based,and inter-nationalized,as part of advancing high-standard opening-up.

　　In recent years,CNIPA has actively implemented decisions of the CPC Central Committee and the State Council.It has provided equal legal protection for the IPRs of various en-terprises,including foreign-funded ones,while addressing their IPR-relat-ed concerns and demands.These ef-forts have increasingly attracted for-eign enterprises to invest and operate in China.

　　Statistics show that from January to October this year,92,000 invention patents granted in China were from foreign-funded enterprises,up 5.3% year-on-year,while 121,000 trade-marks registered in China were from foreign-funded enterprises,with a 13.1% increase compared to the same period last year.These figures reflect the recognition of foreign-funded en-terprises towards China's IPR protec-tion efforts.

　　At the press conference,Guo Wen,Director General of CNIPA's Intellec-tual Property Protection Department,elaborated on three key areas of CNI-PA's work in addressing the IPR con-cerns of foreign-funded enterprises:

　　Firstly,CNIPA has proactively aligned with high-standard interna-tional trade rules.CNIPA has acceded to nearly all major international IP trea-ties,including the Patent Cooperation Treaty,the Protocol Relating to the Madrid Agreement Concerning the In-ternational Registration of Marks,and the Hague Agreement Concerning the International Registration of Industrial Designs.It is now a major user of these systems administered by the World Intellectual Property Organiza-tion(WIPO),facilitating numerous for-eign enterprises in securing IPRs in China each year.Furthermore,CNIPA has completed the latest round of revi-sions to the Trademark Law and the Patent Law,establishing international-ly recognized high-standard punitive damages systems.

　　Secondly,CNIPA has enforced high-standard IPR protection.CNIPA has efficiently resolved patent dis-putes in the pharmaceutical market re-view and approval process.As of the end of October 2024,it concluded 199 administrative rulings under the early resolution mechanism for drug patent disputes,protecting the rights of inno-vative pharmaceutical firms.Addition-ally,CNIPA has actively combated abusive actions related to patent invali-dation,trademark registration,and trademark cancellation for non-use af-ter three years,expedited the resolu-tion of cases with clear facts and strong evidence,and addressed dis-putes involving enterprises from coun-tries including the U.S.,Germany,France,Italy,Thailand,and Denmark.

　　Lastly,CNIPA has established a regular communication mechanism with foreign-funded enterprises.CNI-PA has organized IPR seminars for for-eign-funded enterprises in key regions such as Beijing,Shanghai,Jiangsu,and Guangdong,listening to their con-cerns and addressing them,and provid-ed targeted services.Many foreign rep-resentatives have praised China's rap-idly improving IPR environment,high-lighting its role in driving innovation and bolstering confidence to invest fur-ther.In 2023,foreign-funded enterpris-es'satisfaction with China's IPR pro-tection increased by 1.44 points,con-tinuing a steady upward trend.

　　Guo emphasized that CNIPA will further enhance IPR protection stan-dards,refine its communication mech-anisms with foreign-funded enterpris-es,and make its efforts more robust and targeted.The objective is to culti-vate a fairer,more transparent,and more predictable business environ-ment,strengthening foreign-funded en-terprises'confidence in deepening their engagement with the Chinese market.(by Zhang Binbin)

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