China's New Promises and Measures to Enhance IP Protection
Art Law

China’s New Promises and Measures to Enhance IP Protection

At the end of November 2016, China issued a high-profile policy statement on protection of property rights ( http://www.gov.cn/zhengce/2016-11/27/content_5138533.htm ) in the joint name of the all-powerful Central Committee of the Communist Party of China ("CCCPC", which is the actually ruling body of China under the leadership of the Politburo) and the State Council (the cabinet). The statement includes a section devoted to IP rights. As follow-up actions, the PRC Supreme People’s Court ("SPC") then issued a judicial statement setting out measures the judiciary is to take to implement the central government’s statement, and the State Intellectual Property Office ("SIPO") also issued a statement of measures it will take on patent prosecution, invalidation and administrative enforcement. Overall message There are extensive comments on the CCCPC and State Council’ statement that it is intended to address the concern that many of the new rich in China are transferring their assets out of China by giving them assurance that their private properties will be protected equally as state properties. Nonetheless, all the 3 statements when put together still convey a clear message that China will take specific measures to enhance IP protection. For example, it appears that the authorities have reached […]

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