On November 11, 2010, China State Intellectual Property Office (hereinafter SIPO) issued the 2011-2020 Development Strategy for Patent (hereinafter 10-Year Strategy), a milestone in the history of Chinese patent development.
The 10-Year Strategy is said to be the detailed implementation of patent within the National IP Strategy in China which was formulated in 2008. According to the 10-Year Strategy, 2020 will be the year when China will be at a high level in creating, using, protecting and managing patents.
The 10-Year Strategy will help to further establish and improve the systematic and market environment for innovation and creation in China so that more innovative achievement can be made and used. It will also be helpful in regulating the market order and in formulating a credible society. Additionally, it is good for strengthening the market competitiveness of the enterprises and increasing the core competitiveness of the country.
A total of 4 principles were laid down in the 10-Year Strategy.
First, the development will be based on China condition while it faces the global situation.
Second, the government will play its role of coordination, organization and public services. The market mechanism should be fully utilized in creation and use of patent.
Third, the public interest should be taken into account while the IP rights are protected. The abuse of patent rights should be avoided.
Fourth, guidance should be given according to the differentiation of regions and industries while a comprehensive plan is written for the patent system and development.
In order to implement the patent strategic target, 12 measures are listed in the 10-Year Strategy. The 12 measures are: further improvement of legal system relating to patent, establishment of patent policy framework, enhancement of patent administration system and mechanism construction, upgrading of creation and utilization of patent, improving the comprehensive capabilities of patent examination, strengthening of patent protection, establishment of IP review system in significant economic activities, enhancing the distribution, use and information construction of patent information, speeding the development of patent-related services, strengthening training and education of patent professionals, constructing IP culture, developing international cooperation and exchange relating to patent.
It is learnt that at the beginning of 2010, the SIPO established a leading working group for formulating the national patent development strategy. Comment and opinions were solicited from experts, scholars and enterprises. 14 central agencies such as the Supreme People’s Court, National Development and Reform Commission, State Administration for Industry and Commerce also sent their feedback to supplement the 10-Year Strategy.
