Recently, the State Intellectual Property Office (SIPO) and the National Development and Reform Commission and other 8 governmental agencies jointly promulgated Opinions on Enhancing IP Work for Strategic Emerging Industries (hereinafter referred to as the Opinions), setting goals for IP in strategic emerging industries by 2015 and 2020.
According to the Opinions, by 2015, patents for inventions and international patent applications in the strategic emerging industries should increase twice as much as that in 2010. Internationally renowned trademarks, software, and copyrights will be developed. By the year of 2020, more companies will be developed to have strong international competitiveness, industrial influence and intellectual property advantages. Meanwhile, more and more Chinese enterprises will be encouraged to participate in the formulation of international standards.
To realize the goal, policy and legal measures are to be taken. To be particular, policies will be formulated for the patent protection of new products and new technologies of strategic emerging industries. Patent examination standards will be further improved to meet the needs of emerging industries. With regard to the protection, a regular mechanism is to be established for special campaigns in order to strengthen the enforcement in strategic emerging industries. More measures will be taken and enhanced in technical standards and IP protection, IP watch in the distribution channel. An assistance mechanism will be developed to use the national assistance center and help safeguard the IP rights of strategic emerging industries.
The opinions also encourage the establishment of IP portfolio in foreign countries for strategic merging industries. Chinese companies and R & D institutes are assisted to outsource the research and development globally, or develop joint R & D institutes. By international cooperation, more foreign patent applications can be promoted and obtained.
Chinese companies are also encouraged to establish overseas operating companies for IP portfolio management. Strategic cooperation between Chinese companies, R & D institutes and foreign R & D institutes and industry groups are mostly welcome. Efforts should be made to promote the formulation of international standards and application of those standards in foreign countries.
In order to safeguard the IP rights in foreign countries, more information of foreign IP agencies will be collected and published to help more Chinese companies obtain professional services. In the main trade countries, a working mechanism for IP protection will be established. Other mechanism includes pre-warning system, dispute settlement mechanism to guide and help the companies in IP protection. The Opinions also suggest industrial or IP alliance defensive fund to improve the capabilities of handling international IP disputes.
