Embed Size (px)
Citation preview
Evolution of the Chinese patent Evolution of the Chinese patent system and recent progresssystem and recent progress
Dr. Mao Jinsheng
Intellectual Property Development Research Center
Of The State Intellectual Property OfficeOf The People’s Republic of China
December 10th, 2010
23/4/19 国家知识产权局 2
1. History of the Chinese IPR system
2. Current status of the Chinese patent system
3. Challenge
4. National IPR strategy
Outline
23/4/19 国家知识产权局 3
1. History of the Chinese IPR system
23/4/19 国家知识产权局 4
1.1 Development history and status of the Chinese intellectual property system
History - Before 1949 In 1989, the Qing dynasty issued patent law In 1904, the trademark law In 1910, the copyright law History - After 1949 Until 1978, basically a blank period 1979 – 1990, founding period 1990 – Present, development period
23/4/19 国家知识产权局 5
1.2 Laws and regulations governing 1.2 Laws and regulations governing intellectual property rightsintellectual property rights
Title Time passed Time issuedTime of implementation
1 Trademark law 1982.8.23 1983.3.1
2 Patent law 1984.3.12 1985.4.13 Copyright law 1990.9.7 1990.9.7 1991.6.1
4 Regulation for protection of computer software 1991.5.24 1991.6.4 1991.10.1
5 Anti-trust law 1993.9.2 1993.12.1
6Regulation on administration of audio-visual products
1994.8.25 1994.10.1
7Customs protection of intellectual property rights
1995.7.6 1995.10.1
8 Protection of new varieties of plants 1997.4.21 1997.10.1
9Protection of integrated circuit layout designs regulation
2001.3.28 2001.4.2 2001.10.1
10 Collective management of copyright regulations 2004.12.22 2005.3.1
11Administrative protection of copyright on the internet
2005.4.30 2005.5.30
23/4/19 国家知识产权局 6
Established a legal system for intellectual property rights suitable for Chinese environment and in accordance with international rules.
Established a working system including administrative approval, promotion and training, intermediary services, academic research, etc.
Established administrative and legal systems, with a parallel law enforcement system of intellectual property rights.
In recent years, the number of the applications of Chinese trademarks, utility patent and design patent continue to be largest in the world, while the number of applications for invention patents is ranked fourth in the world.
Status-Intellectual property systemStatus-Intellectual property system
23/4/19 国家知识产权局 7
1.3 Several amendments of the Chinese patent 1.3 Several amendments of the Chinese patent lawslaws
1984.03 The Patent Law of the People's Republic of China (hereinafter “the Patent Law”) was promulgated on March 12, 1984, marking the foundation of a patent system in China. It went into force on April 1, 1985, opening a new chapter in the history of China's patent system.
1992.09 The Patent Law was first amended on September 4, 1992. This amendment brought expandedcontent, prolonged duration and strengthened the protection of patent rights. The amended Patent Law and its Implementing Regulations entered into effect on January 1, 1993.
2000.08 The Patent Law was amended for the second time in 2000 to make it in better conformity with the TRIPS Agreement of the WTO, laying an improved legal climate of patent for China's accession to the WTO. The amended Patent Law and its Implementing Regulations took effect on July 1, 2001.
23/4/19 国家知识产权局 8
1.3 Several amendments of the Chinese patent laws1.3 Several amendments of the Chinese patent laws2008.12 The Decision of the Standing Committee of the National People’s
Congress on Amending the Patent Law of the People’s Republic of China was voted through at the 6th session of the 11th meeting of the NPC Standing Committee on 27 December of 2008. The revised Patent Law of the People’s Republic of China came into force as of October 1, 2009. The 3rd amendment to the Patent Law, featuring reinforcement of the legitimate rights and interests of both domestic and foreign applicants.
2010 Decision of the standing committee of the State Council on Amending the Implementing Regulations of the Patent Law of the People's Republic of China (Draft) was voted through on 30 December of 2009.The Draft improved the secrecy examination system of the invention-creation completed in China pursuing a overseas application, supplemented and detailed the patent application procedure and granting criteria, clarified the disclosure requirements for genetic resources information and the administrative punishment of patent infringement. The amended Implementing Regulations came into force as of 1 February of 2010.
23/4/19 国家知识产权局 9
2. Current status of the Chinese patent system
23/4/19 国家知识产权局 10
Three types of patents ： invention 、 utility model 、 design
Five types of applicants: enterprises, universities, research institutions, associations, individual.
Indicators include basic patent indicators, statistics and survey indicators and evaluation indicators.
Basic patent indicators: number of applications, number of granted patents, number of owned patents
Statistics and survey indicators: usage rate of patents, licensing rate etc.
Evaluation indicators: competitiveness evaluation, management capability evaluation, quality of patent evaluation
Indicators of China’s patensIndicators of China’s patens
23/4/19 国家知识产权局 11
2.1 Statistics of applications of the three 2.1 Statistics of applications of the three patent typespatent types （（ 1991-20091991-2009 ））
23/4/19 国家知识产权局 12
Cal i bri
Distribution for Domestic Patent Applications
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%Invent Utility Model Design
Distribution for domestic patent applicationsDistribution for domestic patent applications（（ 1991-20091991-2009 ））
23/4/19 国家知识产权局 13
Application structure of the three Application structure of the three patent types between (1985-2009)patent types between (1985-2009)
1985~2009 Applications for 3 Kinds of Patents
0%
20%
40%
60%
80%
100%
Colleges and Universities Scientific Research Units Enterprises Authorities and Organizations
23/4/19 国家知识产权局 14
申请与授权的时间间隔 申请与授权的时间间隔 between 1985 between 1985 and 2009and 2009
23/4/19 国家知识产权局 15
Application structure of the three Application structure of the three patent types between (1985-2009)patent types between (1985-2009)
～~
Foreign Invention Patent Applications From Europeduring 1985~The First Half of 2010
0
20,000
40,000
60,000
80,000
100,000
120,000
0%
5%
10%
15%
20%
25%
30%
35%
40%
45%
Foreign Applications
Foreign Applications From Europe
Proportion of Europe
23/4/19 国家知识产权局 16
2.2 Statistics of granted patents between2.2 Statistics of granted patents between(1991-2009)(1991-2009)
23/4/19 国家知识产权局 17
2.3 Statistics of patent in force(2006-2.3 Statistics of patent in force(2006-2009)2009)
Domestic Patents in Force
0
100,000
200,000
300,000
400,000
500,000
600,000
2006 2007 2008 2009
Invention Util i ty Model Des ign
23/4/19 国家知识产权局 18
2.4 Statistics of PCT applications between2.4 Statistics of PCT applications between(1994-2009)(1994-2009)
23/4/19 国家知识产权局 19
2.5 Percentage of multi-party applications2.5 Percentage of multi-party applications(1998-2009)(1998-2009)
Calibri
Cooperation Applications
0
10,000
20,000
30,000
40,000
50,000
60,000
1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 20100%
5%
10%
15%
20%
25%
30%Cooperation Applications
Cooperation Applications of ECUSRU
Cooperation Applications with Proportion of All Applications
ECUSRU Cooperation Applications with Proportion of CooperationApplications
Remark: ECUSRU=Enterprises, Colleges and Universities, Scientific Research Units.
23/4/19 国家知识产权局 20
2.6 Patent concentration (1985-2009)2.6 Patent concentration (1985-2009)
Calibri
Patent Concentration
0%
2%
4%
6%
8%
10%
12%
14%
16%Proportion of Top Ten Colleges and UniversitiesProportion of Top Ten EnterprisesProportion of Top Ten Scientific Research Units
23/4/19 国家知识产权局 21
3. Economic development in China and challenges of patents
23/4/19 国家知识产权局 22
3.1 Strengthen competitiveness: 3.1 Strengthen competitiveness: The challenges that China is The challenges that China is facingfacing
Intellectual property rights have wealth, commodity and high added value characteristics in market economy.
Intellectual property rights are an essential means of market competition, a foundation and criteria for establishment of an innovative nation.
23/4/19 国家知识产权局 23
Curve of changes in added values Curve of changes in added values during product marketingduring product marketing
23/4/19 国家知识产权局 24
Internal needs- Significance of intellectual Internal needs- Significance of intellectual property in development of Chinaproperty in development of China
Knowledge with intellectual property constitutes the most important production factors and wealth resources.
Intellectual property rights are a powerful tool in knowledge economy and international competition.
23/4/19 国家知识产权局 25
3.2 The Chinese intellectual property 3.2 The Chinese intellectual property system faces multiple challengessystem faces multiple challenges
Foreign firms apply for a large number of patents and register lots of trademarks. Foreign firms are with more abundant experience of IRP management and greater strengths in the competition, compared with domestic firms.
Foreign patent applications are mainly for invention patents.
Foreign patent applications are mainly in high-tech sectors.
Foreign patents are likely to be renewed and protected for a longer period.
23/4/19 国家知识产权局 26
Survey on top 500 Chinese enterprises shows: there were 50% enterprises experienced intellectual property disputes. The numbers of disputes were significant when compared to the limited numbers of independent intellectual property rights.
Although Chinese total trade volume is the third in the world, only 2% of total exports are independent innovative high-tech products.
Only several thousand domestic firms in China owned indigenous IPR, accounting for 0.03% of total domestic firms.
99% of firms have never applied for patents. Only 40% of firms have own trademarks.
A lot of companies manufacture but do not innovate, have property but no intellectual property, even rely on copying to survive.
23/4/19 国家知识产权局 27
Categories with the most domestic invention patent application fields are: Domestic Ratio of individual applicationsTraditional Chinese medicine 中药 98% 83%Non-alcohol (soft) drinks 非酒 ( 软 ) 饮料 96% 67%Food 食品 90% 77%(Chinese) input method ( 中文 ) 输入法 79% 84%Sewerage processing 污水处理 73% 53%Special ceramics 特种陶瓷 64% 32%
3.3 Qualitative analysis3.3 Qualitative analysis
Domestic invention patent applications are concentrated in some technical fields
23/4/19 国家知识产权局 28
International invention patent applications in China are International invention patent applications in China are concentrated in high-tech fieldsconcentrated in high-tech fields
Ratio of international applications Wireless Transmission 93% Mobile communication 91% Television system 90% Transmission equipment 89% Semiconductor 85% Television parts 85% Genetic engineering 75% Western medicine 69%
23/4/19 国家知识产权局 29
Longer duration of international patent protectionLonger duration of international patent protection
Numbers of invention Numbers ofpatent applications(1985) patents expired(2000)
Total 8000 1200 Domestic 4000 50% 95 7.9%International4000 50% 1105 92.1%
Average duration of domestic patentsInvention patents: 5-6 years, utiity patents 3-4 years
Protection periods for the first batch of domestic invention patents expiredProtection periods for the first batch of domestic invention patents expired(Note: Protection period was 15 years before patent law revision)
23/4/19 国家知识产权局 30
Distributions for Patent Applications from Distributions for Patent Applications from Domestic and foreign (2008)Domestic and foreign (2008)
Distributions for Patent Applications fromDomestic and Foreign
27.1%
85.7%
31.2%
1.5%
41.6%
12.8%
Domestic Foreign
Invention Utility Model Design
23/4/19 国家知识产权局 31
Invention Patent Applications and Grants from Invention Patent Applications and Grants from Domestic and Foreign (Accumulated)Domestic and Foreign (Accumulated)
Invention Patent Applications and Grants fromDomestic and Foreign (Accumulated)
56.2%
43.8%41.4%
58.6%
Applications Grants
Domestic Foreign
23/4/19 国家知识产权局 32
Valid patents owned by domestic organizations : a not-Valid patents owned by domestic organizations : a not-
so-rosy pictureso-rosy picture
Number of valid patents is few-less then 25% of total applications
Share of valid invention patents is low-accounted for 13.8% of the total
Renewed period of patent is short-invention patents renewed up to 10
years accounted for 4.8% of valid patents (corresponding figure for the
patents granted to foreign applicants is 24.9%); utility patents renewed
up to 5 years accounted for 15.4% of the total; design patents renewed
up to 5 years accounted for 10.1% of the total.
23/4/19 国家知识产权局 33
Few patent applications by the Chinese companies in Few patent applications by the Chinese companies in foreign patent officesforeign patent offices
Till 1999 average less then 300 applications each year
2000 1026 applications
2007 Less than 10,000 applications
Patent applications in foreign patent office per million habitants in
China is less than 5, but in developed countries are over 50.
23/4/19 国家知识产权局 34
4. National IPR strategy
23/4/19 国家知识产权局 35
4.1 Internal needs- Intellectual property rights 4.1 Internal needs- Intellectual property rights and innovation-oriented countryand innovation-oriented country
Innovation-Innovation-oriented oriented countrycountryKnowledge economy predominates and independent innovation becomes the major driving power and resources for economic and social development
Knowledge Knowledge economyeconomy
Production factors is primarily composed of knowledge capital supported by other factors.
Knowledge Knowledge capitalcapital
+Human capital
Knowledge Knowledge wealthwealth
+Non-material cultural heritage, standards, business models, outdated intellectual property rights.
Intellectual Intellectual propertyproperty
National core National core competitivenesscompetitiveness
23/4/19 国家知识产权局 36
Internal needs- Significance of intellectual Internal needs- Significance of intellectual property system in development of Chinaproperty system in development of China
An institutional assurance for overall economic and social development
Primary goal and resources for independent innovation A natural choice for establishment of an innovation-
oriented country
23/4/19 国家知识产权局 37
4.2 Guideline of the strategy
Strengthening construction of Chinese intellectual property system, and greatly increasing abilities of creation, administration, protection and application of the intellectual property rights are urgent demands for,
– Improving independent innovation ability and construction of a innovation-oriented nation,
– Perfection of socialist market economic system, standardization of market order and construction of trustworthy society,
– Strengthening corporate market competitiveness and national core competitiveness,
– Expansion of opening to the outside world and accomplishment of mutual benefits and wins.
23/4/19 国家知识产权局 38
1 Preface – Necessity, background, challenges and opportunities
1 Guiding Principle 2 Strategic Goals: the next 5 years; by 2020 5 Strategic focuses: improving the IP regime,
promoting the creation and utilization, strengthening IPRs protection, prevent abuse of IPRs, and fostering a culture of IPRs
7 specific tasks: patent, trademark, copyright, trade secret, new plant varieties, IP in specific areas, IPRs related to national defense
4.3 Main contents of the strategy——“112 579”
4.3 Main contents of the strategy——“112 579” (continue)4.3 Main contents of the strategy——“112 579” (continue) 9 strategic measures:
1.Increasing the capacity to create intellectual property 2.Encouraging the commercialization and utilization of IPRs 3. Expediting the development of the legal system for
intellectual property 4. Improving intellectual property law enforcement 5.Strengthening the administration of intellectual property 6. Developing intermediary services for IPRs 7.Developing Intellectual Property Human Resources Promoting the cultivation of an intellectual property culture 9.Expanding international exchanges and cooperation in
intellectual property
23/4/19 国家知识产权局 39
23/4/19 国家知识产权局 40
4.4 Plans to Promote IP Strategy
On 26 March 2010, the Plans to Promote the National Intellectual Property Strategy Implementation was released.
The principal tasks of 2010 IP Strategy implementation are as follows: fully implement the requirements of the Outline of National IP Strategy, encourage IP creation and utilization, enhance IP protection in accordance with the law, consolidate the basis of IP Strategy implementation, promote IP Strategy for more effective implementation, strengthen IPR’ role in improving the transformation of the economic development modes and economic structural adjustment.
23/4/19 国家知识产权局 41
Welcome to visit Intellectual Property Development Research Center of
SIPO
Thank You！
