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This is a monthly newsletter published on the 16th of each month to inform UK stakeholders
of recent developments in the Chinese IP environment. The content is collected from
publically available sources, where information is often available in Chinese only. Please feel
free to forward this newsletter, and contact [email protected] to be added to/removed
from the distribution list. A pdf version is available on the Embassy’s IP webpage.
China IP Newsletter (March 2015)
Premier Li Keqiang references National IP Strategy, employee inventions in flagship
annual speech ...
Beijing hosted the Lianghui or "two meetings", the joint annual session of the National People's
Congress (NPC – China's legislature) and the China People's Political Consultative Conference
(CPPCC – an "upper chamber" of experts and prominent individuals from across Chinese
society). During the flagship Government work report, Premier Li Keqiang referenced IP several
times, including expressing commitment to implementing the National IP Strategy and to
implementing reforms to "service inventions" (employee invention) remuneration. More here (in
Chinese) and here (in English).
... whilst other delegates to major political meetings suggest IP reforms
A number of other delegates to the Lianghui suggested new IP reforms and commented on
existing initiatives. Shanghai Vice-Mayor Zhao Wen suggested unifying administrative
responsibility for patents, trade marks and copyright into one Ministry-level department.
Shanghai launched a similar measure at local level in 2014. Elsewhere, Wahaha Group CEO
Zong Qinghou said the revised Chinese Trademark Law did not sufficiently protect well-known
trade marks and prevent infringement, which restricts Chinese companies from developing
globally famous brands. Author Zhang Kangkang called for revised payment rates for creators
of written and musical works used by Chinese broadcasters and radio stations. And Li Denghai,
CEO of Shandong Denghai Seeds Co. Ltd called for criminal penalties for infringement of
protected seed varieties. More here, here, here and here (in Chinese).
TRADE MARKS & GEOGRAPHICAL INDICATIONS:
Madrid system for international trade mark applications to accept Chinese characters
World Intellectual Property Organization (WIPO) Director-General Francis Gurry has
announced that the Madrid system for international trade mark applications will allow word mark
applications for Chinese characters and the Japanese hiragana script. Currently the system
cannot process word mark applications in Chinese characters or other Asian scripts. The
comments came during an interview with a Japanese newspaper. More here (in Chinese) and
here (in English).
COPYRIGHT & CREATIVE INDUSTRIES:
New regulations announced for the film industry, Copyright Law revisions continue
The State Administration of Press, Publication, Radio, Film and Television (SAPPRFT) has
announced its forthcoming legislation reform plans. SAPPRFT Minister Cai Fuzhao highlighted
a new law to promote the film industry and regulations to promote reading. Work on revising the
Chinese Copyright Law will continue, with progress discussed at a Committee meeting of the

National People's Congress (NPC) in Beijing during the Lianghui. More here and here (in
Chinese).
PATENTS, INDUSTRIAL DESIGNS & INNOVATION:
Chinese patent applications in Europe rise 13.5%
Applications from Chinese residents to the regional phase at the European Patent Office (EPO)
reached 4,624 in 2014, up 13.5 % from 2013. China-based technology company Huawei was
the 5th ranked EPO applicant with 1,600 applications. More here (in English).
OTHER ENFORCEMENT & TRADE SECRETS:
Supreme People's Court consultation on draft judicial guidance on interim injunctions
The Supreme People’s Court (SPC) has published for public consultation draft judicial guidance
on “behaviour preservation”, or pre-trial, interim injunctions. The proposals include changes to
the Chinese approach to considering interim injunctions, including adding a "balance of
convenience" type test as considered by English courts. The draft outlines detailed factors to
consider in assessing irreparable damage, though retains the requirement to assess the
applicant's likelihood of success at full trial. The deadline for comments on the draft is March
30, 2015. More here (in Chinese).
Chinese courts heard 110,000 civil IP cases at first instance in 2014, prosecuted criminal
IP cases
The Supreme People's Court has announced that courts across China heard 110,000 IP cases
at first instance in 2014, an increase of 10% on 2013 case volumes. Meanwhile, the Supreme
People's Procuratorate (SPP) announced that 9,427 people were prosecuted for committing IPrelated crimes in 2014, an increase of 7.1% on the previous year. More here and here (in
Chinese).
Supreme People’s Court releases five-year reform plan
IP reforms are prominent in a plan for China’s court system issued by the Supreme People’s
Court. The document Key Tasks in Deepening Reform of the Courts aims to promote the
establishment of Intellectual Property Courts and improve specialised procedures for IP trials.
More here (in Chinese).
If you would like any further information on any of the above matters or to discuss Embassy
support for your company in China please contact Su Hong ([email protected]).