I. Basic Situation of the Protection of Intellectual Property Rights

    China has always adopted a responsible attitude to actively promoting IPR protection. While adhering to the international rules on IPR protection, China has decided on a level of IPR protection appropriate for its own national situation, and made great efforts to balance the interests among intellectual propertycreators, users and the general public, so as to create a benign circle for the creation and use of intellectual property.

    Major progress has been made on IPR protection in China over the past years thanks to concerted efforts made by people from allwalks of life.

    -- A relatively complete system of laws and regulations that covers a wide range of subjects and is in line with generally accepted international rules has been established and keeps improving. Since the 1980s, the state has promulgated and put intoeffect a number of laws and regulations covering the major contents in IPR protection. These include the "Patent Law of the People's Republic of China," "Trademark Law of the People's Republic of China," "Copyright Law of the People's Republic of China," "Regulations on the Protection of Computer Software," "Regulations on the Protection of Layout Designs of Integrated Circuits," "Regulations on the Collective Management of Copyright," "Regulations on the Management of Audio-Video Products," "Regulations on the Protection of New Varieties of Plants," "Regulations on the Protection of Intellectual Property Rights by the Customs," "Regulations on the Protection of Special Signs," and "Regulations on the Protection of Olympic Logos." China has also promulgated a series of relevant rules for the implementationof these laws and regulations, and their legal interpretation. As a result, the system of laws and regulations on IPR protection in China has been continuously improved. In 2001, around the time when China was admitted into the WTO, in order to provide effective legal protection to IPR, the country made comprehensive revisions to the laws and regulations regarding IPR protection andtheir legal interpretation. While more emphasis is given to promoting the progress of science and technology and innovation with regard to legislative intent, content of rights, standards ofprotection and means of legal remedy, the revisions brought the laws and regulations into conformity with the WTO's "Agreement on Trade-related Aspects of Intellectual Property Rights" and other international rules on IPR protection.

    -- A coordinated and efficient work system and a law enforcement mechanism have been established and improved. In its practice of IPR protection, a two-way parallel protection mode, namely, administrative and judicial protection, has emerged in China. Several departments in China are assigned with the duty to protect IPR. They include primarily the State Intellectual Property Office, State Administration for Industry and Commerce, Press and Publication General Administration, State Copyright Bureau, Ministry of Culture, Ministry of Agriculture, State Forestry Administration, Ministry of Public Security, General Administration of Customs, Supreme People's Court and Supreme People's Procuratorate. For many years these departments have doneeffective work in their respective fields. To further strengthen IPR protection, in 2004 China established the State IPR ProtectionWork Team headed by a vice-premier of the State Council, responsible for planning and coordinating the work regarding IPR protection throughout the country. Its office, located in the Ministry of Commerce, handles the routine work of the team.

    In recent years, the state has increased work contacts between administrative law enforcement organs and public security organs and people's procuratorates with respect to IPR protection. In October 2000, the relevant departments jointly issued the "Notice on Strengthening Cooperation and Coordination in the Work of Investigating and Dealing with Criminal Cases that Infringe Intellectual Property Rights," which contains clear provisions on relevant issues. In July 2001, the State Council promulgated the "Regulations on the Transfer of Suspected Criminal Cases by Administrative Law Enforcement Organs," which includes clear provisions on how the administrative law enforcement organs shouldtransfer suspected criminal cases to public security organs in a timely fashion. In March 2004, the relevant departments jointly issued the "Opinions on Increasing Work Contacts between Administrative Law Enforcement Organs and Public Security Organs and People's Procuratorates." A work mechanism involving the coordination of administrative law enforcement and criminal law enforcement has been established, creating a joint power to deal with IPR infringements. This ensures that suspected criminal casesenter the judicial process promptly. In recent years, the judicialorgans have adjudicated a large number of IPR infringement cases according to law. In civil cases, the infringed parties have received timely compensation for their financial losses, and IPR-related crimes have been effectively combated.

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