International Background
As mankind enters into the 21st century, the inevitable march of
globalization and its concomitant demand of free trade is indeed a
development that most countries have more wholeheartedly accepted
rather than avoided and rejected. With the emergence of
knowledge-based economy and the globalization of economy, we can
even say that it is knowledge, especially IP-protected knowledge
that forms the future asset base of a nation on which to build
future growth and reap economic growth
In response to emerging challenges posed by the new
developments, not only developed but also developing countries
realize and attach primary importance to the acquisition and
administration of intellectual property.
Domestic Background and Development
Tendency
China is a nation with a long tradition of high spirit for
invention and innovation. After more than 20 years' opening and
reform, China has made considerable achievements in economic
developments and has also gradually established an IP system which
covers all major fields of IPR including patent, trademark,
copyright and related rights, computer software, plant varieties,
topography, unfair competition, law enforcement and etc.
With the rapid development of economy, the restriction of such
factors as energy, water, minerals, land, transportation,
environment protection and ecology on the development of economy
and society has become more and more prominent. The economic
development mode which relies only on cheap labor forces no longer
adapts to the needs of long-term and sustainable development of
P.R. China and the requirements of building China into a well-to-do
and rich country. In order to address all these challenges,
according to the scientific concept of development, China has
decided to take the developing mode of making herself into an
innovation-based country. And it is a scientific choice for China
to attach much more importance to IP---the most important factor of
production in the modern society, create a sound IP environment and
start to formulate the national intellectual property strategy.
Organization Pattern of the National Intellectual
Property Strategy -Formulation Work
In January 2005, the State Council approved the establishment of
the Leading Group for National Intellectual Property Strategy
Formulation of P.R. China. WuYi, deputy premier of the State
Council, heads the leading group. Ministers from almost 30
ministries are members of the leading group. The Leading Group for
National Intellectual Property Strategy Formulation of P.R. China
is the leading organ of the strategy-formulation work, which is in
charge of making decisions on important issues that come up during
the course of the strategy-formulation process. Such issues include
orientation of national intellectual property strategy, guiding
ideology and work scheme of national intellectual property strategy
formulation, the overall planning and coordination of national
intellectual property strategy, and the examination and approval of
all final research results.
There is an office under the leading group (NIPSO), which is
responsible for undertaking the day-to day routine work. The agency
was located in SIPO. Its main duties include: putting forward
suggestions about the implementation of the strategy-formulation
work, undertaking day to day work assigned by the leading group,
monitoring the implementation of the decisions made by the leading
group, coordinating national intellectual property strategy
-related matters among related ministries.
Main Contents of the National Intellectual Property
Strategy and its Progress
The main contents of the national intellectual property strategy
include not only analysis of macro issues such as the impact of IP
on economic and social development but also some case studies of
some typical industries that are mostly influenced by IP. Generally
speaking, it is comprised of two parts, the outline part and the
special topics part. The national intellectual property strategy
outline is intended to guide China' IP work in the next 15 to 20
years across the country. It is formulated to facilitate the
implementation of the three national strategies as the Strategy of
Revitalizing the Nation through Science and Education, the Strategy
of Building a Powerful Nation Based on Talents, the Strategy of
Sustainable Developments and to provide strong support for the
realization of the goal to elevate China to the status of an
innovation-based country. It' expected to be a formal statement of
the principles, objectives as well as guidelines of our
intellectual property system and infrastructure building up. It
shall analyze the international and national IP situation faced by
China, illustrate the importance of the formulation and
implementation of the national intellectual property strategy,
clarify the orientation, guiding ideology, basic principles, main
objectives, essential measures and the key missions of the IP
protection system in China in the future years. The special topic
part consists mainly of the following: IPR related macro-issues,
such as the influence of IP on economic and social development; a
general analysis on the role of the main types of IP, such as
patent, trademark, etc; analysis of how to further improve the IP
legal system and enhance IP protection environment; key links in
the chain of the administration of IP management; the current
status and future envision of IP of some specific industries.
The above-mentioned topics are all for the fostering of IP
consciousness of the whole society, the facilitating of the
creation of IP and its industrialization, the enhancement of
enterprises' ability in dealing with IP disputes, the perfect of
IP-related laws and regulations, the strengthening of IP
protection, the promoting of China' international competitiveness
in the IP field, the increase of the dissemination of IP
information, the facilitating of the construction of intermediary
service system and the fostering of IP talents, etc. So, the
formulation of national intellectual property strategy addresses
such important development related issues as legal system, talents
training, mechanism improvement and platform development, etc.
On June 30, 2005, WuYi, head of the leading group presided over
the first plenary session. Ministers of the member ministries and
related government organizations attended this meeting. Related
issued on the strategy-formulation work such as organizational
structure, operation mode, key matters and others were all
discussed and made decisions in that meeting.
Deputy premier WuYi made a speech at the meeting. She pointed
out that formulation of national intellectual property strategy was
the objective need of the reform and opening policies as well as
the economic and social developments now underway in China. It is
also China' right choice to address and adapt to the challenges of
the changing international IP rules. The national intellectual
property strategy of P.R. China will focus on facilitating the
creation of a sound market environment, which aims to encouraging
competition, strengthening our inventive power and increasing the
number of independent IP belonging to ourselves. Deputy Premier
WuYi also required that all related government organizations should
abide by the scientific concept of development, have a clear
understanding of the current situation and a good envision of the
future. She called on all related government organizations to go
all out to take part in the strategy-formulation work, and to
facilitate the overall development of our building-up of a well-off
society.
According to the work plan of the strategy formulation, the
whole process is divided into four phases: the preparation phase,
the substantial research phase, public opinion and
comments-soliciting phase and the final phase. Now that most
research groups have concluded their substantial research work,
they are considering of soliciting comments from related government
agencies, enterprises, etc.
The whole process of strategy-formulation is open and
transparent. The national intellectual property strategy attach
much importance to referring to international IP experiences and
listening to the opinions and suggestions of other countries on
national intellectual property strategy - formulation work. On
January 12, 2006, national intellectual property strategy held a
meeting to solicit comments on China' National
Intellectual?Property Stratergy Formulation Work from foreign
embassies in Beijing. From February 23 to 24, 2006, national
intellectual property strategy organized a international seminar on
China' national intellectual property strategy formulation. On July
13, 2006, national intellectual property strategy held a meeting to
listen to opinions and suggestions from foreign enterprises in
China. And ever since the beginning of the national intellectual
property strategy -formulation work, NIPSO has established a
specific governmental web-site (www.national intellectual property
strategyo.cn) to disseminate related information and collect views
and opinions from people of various circles.
(China.org.cn)