protection of intellectual property rights in china

he zhonglin

supreme people’s court, prc

august 4, 2006,  hawaii

agenda

brief introduction of development of the chinese ip law system

mechanism of ip enforcement

judicial protection of ip

perspective

development

short history but speedy development – compliance with international standards

in very ancient china: skill of type printing

ineffective for 70 years:

legislation in the end of qing dynasty

before & after the founding of prc

1978: policy of reform & opening up

three major ip legislative campaigns:

1982 – 1984: trademark law and patent law

1990 – 1993: copyright law and  revision of tl/pl

2000 – 2001: amendment of laws for wto accession

subject matters

copyright and related rights including computer programs

patents: invention, utility model & design

trademarks for goods & service: certification marks and collective marks, geographical indications; 3-d marks & color marks v. sound & smell marks

new varieties of plant

layout-designs (topographies) of integrated circuits

unfair competition: trade secret, goodwill, trade names, package and decoration of well-known commodity, domain names on the internet..............

chief justice jiang zhipei of the ip tribunal of the supreme people's court said: i hope judge he is well and successfully in hawaii in usa...