China's Action Plan on IPR Protection 2007

    I. Legislation

    (I) To revise laws and regulations on trademark protection and unfair competition

    1. To accelerate the process of revising the Trademark Law and to finalize the draft amendment.

    2. To continue making improvements on the Law against Unfair Competition.

    3. To speed up revision to the Provisions for Identification and Protection of Well-Known Trademarks.

    (II) To draft, formulate and revise laws, regulations and rules regarding copyright protection

    1. To engage in research and formulation of the Regulations on Copyright Protection for Folk Literature and Artistic Works in order to strengthen the protection of folklore and literature, a traditionally strong area of China.

    2. To promulgate the Measures on Copyright Contract Registration Documentation to facilitate the implementation of copyright laws and regulations.

    3. To promulgate the Measures on Remuneration for Statutory Licensing of Textbooks by taking into consideration China's reality.

    4. To revise and promulgate the Measures on Voluntary Registration of Works in order to lower the protection costs for right-holders and to secure copyright transactions.

    5. To ensure successful research on the second amendment to the Copyright Law in response to new situations and challenges facing copyright protection.

    6. To speed up the formulation of the Measures on Remuneration by Radio and Television Stations for Broadcasting Statutory Licensed Phonograms in accordance with the Copyright Law.

    (III) To draft, formulate and revise laws, regulations and rules regarding patent protection

    1. To study on the improvement of the Patent Law.

    2. To accelerate the revision of the Regulations on Patent Agency to standardize patent agency services.

    3. To formulate the Measures on Cross-Region Enforcement in Patent Cases.

    (IV) To draft, formulate and revise laws, regulations and rules concerning IPR protection in foreign trade and through customs

    1. To formulate the Measures of IPR Protection in Foreign Trade.

    2. To improve the Implementing Rules of the Regulations on Customs IPR Protection.

    (V) To study and formulate IPR judicial interpretations and regulatory documents

    1. Based on experience in IPR criminal trials since 2004 and in line with the reality of criminal IPR protection and features of IPR crimes, to accelerate study and further improve the Judicial Interpretation on Issues Concerning Application of Law in Dealing with Criminal IPR Cases issued by the Supreme People's Court (SPC) and the Supreme People's Procuratorate (SPP).

    2. To formulate and issue the Interpretation of the SPC on Issues Concerning Application of Law in Dealing with Civil Cases of Unfair Competition.

    3. To formulate and issue the Provisions on Application of Law in Dealing with Right Disputes over New Plant Varieties.

    4. To continue the study on formulating judicial interpretations on judicial determination of well-known trademarks, conflict of right between store names and trademarks, and MTV copyright.

    5. To advance the study on the determination of patent violation, and to formulate judicial interpretation on determination standards in due course, depending on the status of revision to the Patent Law and with a view to addressing outstanding issues on law application in trial practice.

    6. To further study the scope, standards, procedures and ruling approaches for judicial review of administrative IPR cases and to promulgate judicial interpretation when conditions become ripe.

    7. To formulate the Opinions of the SPC on Strengthening the Role of IPR Trials in Providing Judicial Assurances for Building an Innovative Country.

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