In recent years, China’s IP legal system is on the path to maturity in terms of legislation. The patent system is an important part of China’s IP legal system. In 2012, the Draft of the fourth Amendment of Patent Law and the Draft of Regulations on Service Invention were basically completed in China. And the Revision on Measures for Compulsory License on Patent Implementation, Revision on Provisions for Patent Marking and Labeling, and Revision on Administrative Review Procedure were also completed. The Opinions on Strengthening Intellectual Property Rights in Strategic Emerging Industries was jointly issued by SIPO, the Development and Reform Commission, and other 8 government agencies. The Opinions on further strengthening the Protection of the interests of Service Invention and promoting the IP utilization and implementation was jointly issued by SIPO, the Ministry of science and technology, and the Ministry of Education. And The Guiding Opinions on Accelerating the Cultivation and Development of Intellectual Property Service Industry was issued by SIPO, the Development and Reform Commission, and the Ministry of science and technology.
With regard to copyright legislation, the Amendment of Copyright Law(Draft) was drafted by the National Copyright Administration of China (NCAC) and submitted to the Legislative Affairs Office of State Council.
With regard to trademark legislation, the Draft of Amendment on Trademark law was discussed at the executive meeting of the State Council, and was submitted to the Standing Committee of the National People's Congress for review. Regulations on Implementation of Trademark Law was also under amendment. Provisions for the Administration of Law Firms Engaged in Trademark Representation was jointly published by SAIC and the Ministry of Justice.
To comply with the legislation, local government agencies in many provinces revised and published the newly revised Regulations on Patent Protection to encourage innovation and promote the utilization of patent.
