China Releases 2021-2022 Outline for Building a Powerful Intellectual Property Country

05 January 2022

China Releases 2021-2022 Outline for Building a Powerful Intellectual Property Country

On January 4, 2022, the China National Intellectual Property Administration (CNIPA) released the 2021-2022 Outline for Building a Powerful Intellectual Property Country and the Annual Promotion Plan for the Implementation of the 14th Five-Year Plan which consists of 115 points divided into seven categories. This is to explain how China will implement the IP portion of the Central Government's current 5-year plan from 2021 to 2022. 

These categories include strengthening the protection of IP rights, improving the operating mechanism of the IP property market and the IP system,  strengthening organizational guarantees, improving the level of public services for intellectual property, and deepening the participation in global intellectual property governance.

 

"Highlights if this outline includes many different government organizations amending IP legislation, generating new or amended legal interpretatioAns and other provisions," says Aaron Wininger, a director of the China IP Practice, at Schwegman, Lundberg & Woessner P.A. "For example, there are plans to revise the Anti-Monopoly Law of the People’s Republic of China, Detailed Rules for the Implementation of the Patent Law of the People’s Republic of China, Provisions on Regulating Patent Application Behavior, and Provisions on the Protection of Trade Secrets. On the copyright side, there are plans to amend the Regulations on the Implementation of the Copyright Law of the People’s Republic of China, Regulations on Copyright Collective Management, Trial Measures for Voluntary Registration of Works, Measures for the Registration of Computer Software Copyrights, Measures for the Implementation of Copyright Administrative Penalties, and advance the legislation of the Regulations on Copyright Protection of Folklore and Art Works."

He adds, "Also, it shows China's interest in joining several international IP agreements and free trade agreements. For example, China confirmed it plans to join the Hague Agreement on Industrial Designs, of which 92 countries are already members including the US, European Union, among others."

"Generally, when China sets goals they are accomplished," he says. "Accordingly, we should see all the needed amendments to the IP laws and regulations coming out in 2022."

 

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