Former SIPO Commissioner Tian Lipu recently revealed the “legislative history” of the language in the Third Plenum regarding IP, as reflected by former Chief Judge Jiang Zhipei in his chinaiprlaw.cn blog (http://www.chinaiprlaw.cn/file/2014020731400.html).
The original language being discussed was that China would “Implement the National IP Strategy and Strengthen IP Protection.”(“实施知识产权战略，加强知识产权保护”). This was, indeed the language circulated in August 2013, and did not reflect much change from prior years. A proposed change in language at that time was “Deepen the National IP Strategy, Strengthen the Practical Protection of IP.” (“深入实施知识产权战略，切实加强知识产权保护”).
Ultimately, the final language was “Strengthen the Utilization and Protection of IP, Investigate Establishing a Specialized IP Court” (“加 强知识产权的运用和保护，探索建立知识产权法院”). In the words of former Commissioner Tian, the placement of “utilization” as the first priority was a new development. The language regarding specialized IP courts was inspired by the National IP Strategy (2008) which had originally taken up this issue, and promoted it to reduce local influence and improve national coordination. However this new language on the courts, according to Tian, supports a next stage of concrete implementation of this proposal.
After the adoption of this proposal, Tian and SIPO were delighted with this language, as they had been concerned that the recent establishment of “too many” High and Intermediate IP tribunals would complicate matters and make it difficult to establish an IP court. Now, according to Tian, development of a specialized IP court is a development direction for China as well as one that is increasingly recognized by other developing countries.
Commissioner Tian Lipu has made enormous contributions to the development of China’s IP and patent systems and has earned the respect and friendship of many IP officials throughout the globe. It now seems that even as he was preparing to retire, one of his visions for improvements to the IPR system is further down the road to success.
Categories: China IPR