Monday, May 08, 2006
Intellectual Property National Plan - China
China's National Intellectual Property Rights Protection Working Group has released an action plan for 2006. The plan includes specific legislative, law enforcement, training, and other IP-related tasks that are designed to improve IP rights in the areas of patent, trademark, copyright, and import/export activities.This People's Daily article includes the action plan.One of the tasks includes implementing legislative change to the Chinese patent law, which has only existed for about 20 years (the law was promulgated in 1984). Since then, revisions have been used to "modernize" the immature system. Currently, a Third Revision has been proposed.
You can read more about the Third Revision here (official Chinese government site) and here.The patent legislation portion of the action plan follows:(III) To draft, formulate and revise a part of laws and regulations in relation to patent protection1. To revise the Regulations on Patent Agency in order to standardize the conduct of patent agents, safeguard the normal order of the patent agency industry, and protect the legitimate rights and interests of interested parties.2. To revise and issue the Guide on Patent Review, and edit, publish, and publicize the Guide on Patent Review and translate it into English. 3. To shape up the proposal on the third revision of the Patent Law by widely soliciting the opinions and suggestions from relevant departments of the State Council, the business community, public institutions, universities, academic research institutes and patent agents on the basis of completing the research on the third revision. Hopefully 2006 will bring an English version of the Chinese MPEP and movement on the Third Revision.
Rodney D. Ryder