As corporate attorney, it is common for us to attend meetings with clients to discuss new laws, regulations and policies which will affect the company’s business and operations. It is noteworthy that after the Two Sessions of 2016 (
the
National
People’s
Congress
and
the
Chinese
Political
Consultative
Conference
) many clients wanted to hear more about pending reforms in China Intellectual Property protection, especially regarding patents protection.
It is understandable, as Premier Li Keqiang emphasized in the Government Work Report of 2016 to strengthen IP protection, and to punish infringers and counterfeiters.
In addition, during the legislative discussions among the deputies to the People’s Congress, many delegates discussed proposals for IP protection in depth. Mr. Zhao Wen, the Vice-Mayor of Shanghai, called for changes to the present dispersed management system and the unification of patents, design patents, trademarks and copyright protection into a single Ministry-level department, as a strong step toward building an effective Intellectual Property protection environment. The vice president of the State IP Bureau, Mr. He Zhimin called for speeding up the process of enacting the new Patent Law. The new Patent Law is expected to establish a pluralistic model of patent protection, and a more effective enforcement regime. And Mr. Song Beibing, former vice chairman of the All-China Federation of Industries, called for severe punishments for pirated and counterfeit goods.
Slowly but surely Chinese authorities are beginning to take action to promote Intellectual Property protection. As many know firsthand, it has in past years been extremely diffult to effectively safe guard Intellectual Property rights in China. Problems include difficulty in the collection of evidence, lengthy investigations and associated high costs, and finally prolonged judicial proceedings. Because current laws provide for relatively low damages, these actions are seldom deemed costs effective and worthwhile by those who have had their Intellectual Property stolen or counterfeited in China.
Finally, on March 13
th
2016, the Chief President of State Intellectual Property Bureau, Mr. Shen Changyu told the press that the Bureau will develop a new, more effective system for the protection of Intellectual Property rights. The State IP Bureau will also cooperate with various other government bodies to promote the amendment of the Patent Law.
Just like our clients, we are paying close attention to these new developments in Intellectual Property protection in China. When new opportunities become available, we are ready to take advantage of any legal changes to protect the interests of our clients, new and old.