Is China now considering the adoption of an integrated Basic IPR Law? And what would that mean to existing legislative efforts?
The idea of a basic law on IP has been under consideration for some years, including discussed by NPC delegates. The late Prof. Zheng Chengsi also urged incorporation of an IP chapter into a civil code. However, it appears now in Commissioner Shen’s speeches and policy papers, including a speech of January 17 where he stated that SIPO would “forcefully promote the construction of the patent regulation system, put all efforts into promoting the work of revising the patent law and the implementing regulations, increase the level of punitive fines for patent infringement, promote the revision work of the Patent Agents Regulations, promote the work of enactment of the Service Invention Regulations, and initiate research for the feasibility of a basic law for intellectual property, and for patent protection and promotion. “
This project seems as if it is still in the early stage. Japan, it should be noted, has had a Basic Law for Intellectual Property for over a decade, which may be a basis for SIPO’s research effort.
Interestingly, Commissioner Shen also points out in the above speech that the legislative efforts to revise the Patent Law and to enact Service Invention Regulations, which were initiated during the time of his predecessor, are not on hold during his tenure.