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-- Administrative law enforcement has been
strengthened in IPR protection. As gradual improvements are made in the legal
system on IPR protection, China has shifted its focus from legislation tolaw
enforcement. Administrative law enforcement has been enhanced through the
combination of routine management and supervision withspecial crackdown
campaigns. In August 2004, the Chinese government decided to launch a special
one-year campaign to protect IPR across the country from September 2004 to
August 2005.It was decided at the national TV and telephone conference on
rectification and standardization of the market economic order convened by the
State Council on March 31, 2005 that the campaign was extended to the end of
2005. With unified planning, the relevant departments have investigated and
dealt with major IPR infringement cases, focusing on major fields in the
protection of trademark rights, copyrights and patent rights, on major links in
the import and export of goods, all types of exhibitions and wholesale markets
of commodities, and on key places where producers and sellers of counterfeit
goods were known to be concentrated. Their quick action and strict law
enforcement efforts have dealt a blow on IPR offenders, achieving positive
results.
-- Efforts are being made to heighten the awareness
of the general public about IPR. The Chinese government attaches great
importance to publicity concerning IPR. Beginning in 2004, the state designated
the week from April 20 to 26 every year as the "week for publicizing the
importance of IPR protection." By making wide use of newspapers, magazines,
television, radio and the Internet, and through holding seminars and knowledge
contests, andmaking public interest advertisements, the government carries out
publicity and education among the general public regarding IPR protection. The
aim is to create a social atmosphere in which labor, knowledge, talent and
creation are respected, and heighten the awareness of the general public
regarding IPR.
-- Actively fulfilling the international obligations
to protectIPR. China has taken an active approach to joining major international
conventions and agreements on IPR protection. Following its accession to the
World Intellectual Property Organization in 1980, China joined in succession
more than ten international conventions, treaties, agreements and protocols,
such as the "Paris Convention for the Protection of Industrial Property,"
"Patent Cooperation Treaty," "Budapest Treaty on the International Recognition
of the Deposit of Microorganisms for thePurposes of Patent Procedure," "Locarno
Agreement Establishing an International Classification for Industrial Designs,"
"Madrid Agreement Concerning the International Registration of Marks," "Nice
Agreement Concerning the International Classification of Goods and Services for
the Purpose of the Registration of Marks," "Protocol Relating to the Madrid
Agreement Concerning the International Registration of Marks," "Agreement on
Trade-related Aspects of Intellectual Property Rights," "International
Convention for the Protection of New Varieties of Plants," "Berne Convention for
the Protection of Literary and Artistic Works," "Universal Copyright
Convention," and "Convention for the Protection of Producers of Phonograms
Against Unauthorized Duplication."
While strictly executing its international obligations in IPR protection, China has devoted great efforts to adjusting and improving international rules regarding IPR protection in order tolet all countries of the world share the fruits and benefits brought about by the progress of science and technology. In recentyears, China has held talks, and engaged in exchanges and cooperation with other countries, international organizations and foreign-invested enterprises in the field of IPR. At the suggestion of the United States, starting in 2003, China and the US have held a round-table conference on IPR every year, and reached agreement on many IPR-related issues at the two round-table conferences. In 2004, China and European Union held their first round of talks on IPR in Beijing. Initial agreement was reached between the two sides on matters of cooperation related toIPR. Relevant Chinese departments have established good cooperative relations with corresponding departments in several countries, and international organizations such as World Intellectual Property Organization and International Union for theProtection of New Varieties of Plants. In September 2003, a mechanism was established for regular contact and coordination between relevant Chinese departments and foreign-invested enterprises. Under the mechanism, a meeting is held every three months to solicit comments and suggestions from the foreign-invested enterprises on issues related to IPR protection. [1] [2] [3] [4] [5] [6] [7] [8] [9] [10] [11] [12] [13] [14] [15] [16] [17] [18] [19] |