中国制定2006保护知识产权行动计划(英文)(2)

　　China’s Action Plan on IPR Protection 2006 (II)

　　China’s Action Plan on IPR Protection 2006 (II)

　　2006-03-14

　　IV. Advocacy Plans

　　(I)Large-scale advocacy initiatives

　　1. A China IPR Protection Achievements Show will be staged on 16-23 April at the China Military Museum in Beijing.

　　2. An IPR Protection Week (20-26 April) will be launched in association with relevant authorities.

　　3. Foreign journalists will be invited to report on China’s IPR protection efforts.

　　4. The Ministry of Public Security will introduce two large-scale advocacy initiatives in April and August respectively by holding press conferences and destroying pirated publications and infringing commodities.

　　5. The 8th Audio-Visual Products Market Legal Advocacy Campaign will be carried out nationwide in late April.

　　6. Central-level media groups will be led to different localities and enterprises to report on enterprises that have developed through proprietary intellectual property rights and typical IPR protection cases.

　　7. Researches and interviews will be conducted on IPR related hot topics and key issues to raise public awareness and look for effective solutions. Priority areas will include non-service invention-creation, patent-to-technology transformation and the IPR protection awareness of the younger generation.

　　8. Besides the CCTV Innovation Award, more activities are being attempted to encourage innovation and magnify the influence of the IPR protection regime.

　　(II)Press conferences

　　1. The “Ten Typical IPR Protection Cases of 2005”,

　　2. China’s latest progress in IPR protection,

　　3. A press conference by the State Council Information

　　Office on April 20 to release the White Paper on China’s IPR Protection

　　(III)IPR-specific TV Programming

　　1. DVD programs featuring IPR protection will be produced, and illustrated books on IPR protection and pamphlets on IPR protection know-how will be published. All these materials will be issued directly in a focused way to ensure the continuity of the advocating effects.

　　2. Comprehensive reviews will be conducted on initiatives for educating middle-school students on IPR protection. “Copyright and Me”, a TV program, will be in production with the CCTV Children’s Program Unit.

　　3. Projects winning the “China Gold Patent Award” will be promoted to create an innovation-friendly environment.

　　4. Around April 1, central and local TV stations will be showing songs and TV programs on IPR protection to give more publicity to the function of the IPR system and to raise the social status of IPR.

　　5. TV series on typical IPR cases will be produced and played on TV stations nationwide.

　　6. The nomination and voting for the 3rd Female Inventor Award will continue. The award-giving ceremony will be held during the IPR Week. Advocacy initiatives will be boosted by promoting typical cases and mobilizing society-wide innovation activities

　　(IV). To publish books and print brochures

　　1. To print brochures on IPR protection at exhibitions and fairs and cooperate with related media (International Business Daily) and promote IPR Protection Measures at Exhibitions and Fairs.

　　2. To establish a special column on IPR protection in the magazine of China Customs and compile publications including Guidelines for Customs IPR Protection.

　　3. To publish IPR educating books for large and medium sized state-owned enterprises.

　　4. To publish a series of books on IPR for young people in the form of cartoon.

　　5. To publish a grand picture book introducing activities under “Protecting IPR: We Are in Action 2005” and typical examples of independent innovation in China.

　　(V) To strengthen promotion through websites

　　1. To launch the website of “China IPR Protection” in both Chinese and English versions.

　　2. To ensure a good effect of the English and Chinese columns at the website of the General Administration of Customs.

　　3. To fully utilize the website of China Trademark to engage in on-line promotion, enrich the website continuously and build China Trademark into an important communication platform between the Trademark Office and the general public from home and abroad.

　　4. To initiate special columns and topics on IPR at governmental websites and relating media.

　　(VI) To hold forums, symposiums and seminars

　　1. To hold and publicize the China International Cooperation Forum on Exhibition.

　　2. To hold the High-level Forum on IPR Protection on April 26.

　　3. To hold the China Academic Seminar on IPR protection 2006 in the Medical and Pharmaceutical Area in late March in Beijing.

　　4. To hold the China IPR and Innovation Development Forum 2006 during the IPR Week.

　　5. To hold the High-level Forum on IPR in Information Industry to conduct study and communication on the prominent IPR problems in IT development, with a view to improving the awareness and capacity of enterprises in IPR administration.

　　6. To hold the China Forum on IPR Criminal Protection 2006 in April in Shanghai, and invite the participation by US and European governments and companies and key Chinese enterprises.

　　7. To hold the International Forum on IPR protection at Exhibitions and Fairs so as to discuss experience and suggestions concerning IPR protection with relevant countries.

　　8. To hold four communication meetings with foreign invested enterprises, with the participation of economic and trade staff from foreign embassies and foreign chambers of commerce in China.

　　(VII) Others

　　1. To compile and publicize typical domestic and foreign-related trademark infringement cases on a regular basis.

　　2. To launch copyright protection columns on TV or in newspapers, or to educate widely on copyright protection through seminars and lectures.

　　3. To fix the first open day of SIPO on April 26, when the general public and staff from foreign embassies in China will be invited to visit the patent review and approval procedures and various service facilities and hear introduction on the role of China’s IPR regime and the effects of IPR protection.

　　4. To widely promote the revised Guidelines on Patent Review across the country and further spread legal knowledge on patents.V. Plans on training and education

　　V. Plans on training and education

　　(I) To implement the Project of Fostering IPR Talents

　　The Project of Fostering IPR Talents will be launched in the IPR system throughout the country. In the 11th five-year plan, a team will be trained consisting of several hundreds of high-level talented people proficient at IPR international rules, several thousand of people engaged in patent management, review and administrative law enforcement, and tens of thousands of high-quality people working on IPR in enterprises, public institutions and patent intermediary agencies.

　　(II) IPR training for leading officials

　　1. To hold a “Training Program for Executives and Leading IPR Managers from Key Domestic Enterprises”.

　　2. To hold a “IPR Training Program for Leaders and Staff from Local Offices of Rectification and Standardization of Market Order or Office on IPR Protection in May.

　　3. To hold a “Training Program on IPR Strategy for leaders at the Director-General level”.

　　4. To hold a “Training Program on IPR Education in Institutions of Higher Education”.

　　5. To hold a “Training Program for IPR Teachers of SIPO”.

　　6. To hold a “Special Training Program for Commissioners of SIPO”.

　　7. Public security delegations on IPR protection will be organized to visit the U.S. and Europe for acquiring information of foreign legal systems and law enforcement mechanisms, learning the advanced practice and experience of foreign law enforcement organs in using strategies and intelligence to fight against IPR infringing crimes.

　　(III) Training of law enforcement team

　　1. Three sessions of IPR training course will be organized with Germany for administrative law enforcement staff.

　　2. To hold seminars for local public security leading officials.

　　3. To hold training classes for grass-root police, improve the law enforcement ability and level through three aspects of law, IPR knowledge and enforcement tactics, and foster gradually a group of professionals.

　　4. To hold training and communication courses on IPR law enforcement.

　　5. To hold training courses on enforcement of IPR infringing cases among public security authorities.

　　6. To hold two sessions of training course on IPR protection at exhibitions and fairs for relevant domestic enterprises.

　　7. To hold training program for domestic and foreign small and medium sized enterprises on IPR protection at exhibitions and fairs.

　　8. Two sessions of training course will be held for administrative law enforcement staff in the cultural market, with the grass-root staff as the priority, to further improve the ability and skill of the law enforcement workforce to distinguish and monitor pirated audio-video products and illegal online games.

　　9. To enhance the IPR law enforcement training for front-line officials, especially on-the-spot personnel in charge of control on goods and postal items.

　　10. To proactively conduct professional training on trademark law enforcement, and subjects in relation with the transfer of trademark-related crimes and the handling of the conflicts between trademarks and the names of the enterprises, in a bid to improve the professional quality of trademark administrative enforcement personnel.

　　11. To reinforce the trainees’ understanding of the importance of the IPR protection, enable them to understand more clearly the severity of situations at home and abroad and enhance their IPR protection awareness in the process when the State Food and Drug Administration is training its civil servants, personnel working for its subordinate institutions and certified pharmacists.

　　12. To organise for the backbone officials working for the departments in the system of the SIPO three sessions of training programs designed for advanced IPR managers and legal personnel.

　　13. To organise nationwide training program on patent administrative enforcement in a bid to launch in greater depth the training for patent-related law enforcement personnel.

　　14. To organise one to two sessions of training programs for IPR-specialised judges.

　　(IV) Basic education

　　To promote the “introduction of IPR education into communities, schools and enterprises”.

　　VI. Plans on international exchange and cooperation

　　(I) To enhance international exchange and cooperation in legislation

　　1. A trip to Europe in January to study the European legal system for patent agency.

　　2. A trip to Europe in March to study the system of copyright protection on the Internet.

　　(II) To enhance the international exchange and cooperation in trademark protection

　　1. To maintain and strengthen the two-way exchanges, brainstorming, eye-opening endeavours with the trademark authorities of the countries and regions that have frequent exchanges with China, enhance the collaboration with them, and promote bilateral trade and investment.

　　2. To maintain and strengthen the exchanges and cooperation with international organisations including WIPO and WTO, actively participate in international trademark legal affairs including the negotiations on geographic indication protection and revision of the Trademark Law Treaty, and try to set out new international rules on trademark protection.

　　3. To understand the needs of overseas Chinese enterprises for trademark protection, and coordinate and protect trademark interests of Chinese enterprises in foreign countries in dealings with foreign countries.

　　(III) To enhance the international exchange and cooperation in copyright protection

　　1. To hold on a regular basis joint-conference of Sino-U.S. motion picture copyright protection coordination mechanism, sum up the experience of the Sino-U.S. motion picture copyright protection coordination mechanism, enhance the communication and understanding between China and the U.S., and continue the discussion about effective models for the strengthening of international IPR co-operation.

　　2. To continue the exchange and cooperation with international organisations such as WIPO, WTO, UNESCO and APEC in the sphere of copyright protection, actively participate in the multilateral negotiations and international conferences on the formulation of new international copyright rules.

　　3. To launch and develop proactively the cooperative relations in copyright protection with developing countries, especially Asian countries, and strive to change the international copyright protection regime that does not favour developing countries.

　　4. To enhance the cooperation with copyright-related industry organisations in foreign countries, jointly crack down on cross-border online infringement and piracy activities. To collaborate with foreign industry organisations such as the MPA and IFPI of the United States, and enhance the co-operation in the fields of information sharing, technical services, training, etc.

　　5. To invite international organisations to visit China and show them the China’s achievements of IPR protection. To further strengthen the communication and exchanges with foreign IP right holders organisations, such as the IIPA.

　　(IV) To enhance the international exchange and co-operation in patent protection

　　1.To organise summit meetings between Chinese and American IPR authorities. Invited by the U.S. Patent & Trademark Office, Commissioner Tian Lipu will go to the U.S. for a meeting between the two commissioners.

　　2. To organise presentation meeting on China’s IPR protection regime in Singapore, explaining mainly the IPR protection system of China in a bid to promote Sino-Singaporean trade and economic relations.

　　3. To organise a WIPO-SIPO circuit PCT seminar across the country in three cities in a period of 2 weeks.

　　4. To jointly organise with the U.S. Patent & Trademark Office a Sino-U.S. IPR seminar to discuss the protection of genetic resources and traditional knowledge, as requested by the U.S. side.

　　5. To organise an international seminar on genetic resource, traditional knowledge and folklore for the Asia-Pacific region.

　　6. To dispatch visiting scholars to the U.S. Patent & Trademark Office for training.

　　7. To dispatch people to the John Marshall Law School, the Franklin Pierce Law Centre, and the Law School of the University of Washington to study.

　　8. To organise symposium to solicit opinions on the revision of the Patent Law. To invite representatives of foreign embassies and consulates to attend the symposium where their opinions and recommendations on the third revision of the patent law will be learned.

　　(V) To enhance the international exchange and cooperation in customs IPR protection

　　To initiate the cooperation mechanism with the U.S. Customs Service regarding the “exchange of information and intelligence of IPR cases” under the framework of the JCCT.

　　VII. To promote the programs on enterprise self-discipline

　　(I) To organize an “Enterprises’ IPR Protection and Indigenous Innovation Conference”

　　To organize in February an “Enterprise IPR Protection and Indigenous Innovation Conference” by China Enterprise Confederation, All-China Federation Of Industry and Commerce and China Association of Enterprises with Foreign Investment. To publish an Enterprise IPR Protection Proposal by the three sponsors, and sign jointly by Chinese and foreign enterprises attending the Congress a Proposal for Enterprises to Use Legal Software. To jointly signed by 15 departments under the State Council and the Supreme People’s Court and the Supreme People’s Procuratorate a Letter to Support “Enterprises’ IPR Protection and Independent Innovation”, and to publish by national enterprises an “IPR Protection Echoing Letter”.

　　(II). To quickly formulate and implement the Working Program on Promoting Large Companies and Public Institutions to Use Legalized Software.

　　It is planned to publicize the Working Program on Promoting Large Companies and Public Institutions to Use Legalized Software. Starting from the second quarter, efforts in promoting companies to use legalized software will start.

　　(III). To intensify the administration of manufacturing and selling in the field of software pre-installation.

　　1. To encourage and request computer manufactures to pre-install legalized software before products leaving the factory.

　　2. To encourage government departments and large state-owned enterprises (SOEs) to buy brand name computers with pre-installed legalized software when purchasing office computers.

　　VIII. Plans on services for right holders

　　(I). To set up a patent data search system in the area of information technology.

　　To help companies enhance their capability in searching and analyzing patent information, solve practical problems of the companies in using IPR-related information, and to elevate their IPR management level.

　　(II). To further improve the efficiency in trademark registration, the accuracy and impartiality of trademark review decision and arbitration ruling of trademark-related disputes.

　　(III). To vigorously promote the establishment of phase III system of automated trademark registration and management.

　　To optimize the function of the trademark database online search system and China’s trademark website and constantly improve the social service quality for trade registration and management.

　　(IV). To strengthen the well-known trademark recognition and protection efforts.

　　To summarize the experiences in recognizing and protecting well-known trademarks since the implementation of the new trademark law, make intensified efforts in recognizing and protecting well-know trademarks, and to foster more advantaged companies with well-known trademarks and strong international competitiveness.

　　(V). To carry out targeted training on and popularization of trademark international registration knowledge.

　　To research and study on the overseas trademark protection situation of companies with well-known trademarks and foreign trade companies, and to carry out targeted training on and popularization of trademark international registration information.

　　(VI). To set up the National Intellectual Property Office Government Portal Website.

　　1. The general objective of the Website is, in line with the requirement to transform government functions, improve the quality of government information service, strengthen the rule-based administration capability of the government, enhance the transparency of government operation procedures, and to help the government better serve the general public, to set up a convenient, quick and efficient channel offering convenient services and serving as an interactive platform so that the general public can, through the portal website, keep abreast of the IPR developments and relevant IPR information in a timely manner.

　　2. The main contents of the Website include: patent application information, table download, patent protection, patent document, patent document search (free of charge), patent online consulting, laws and regulations, statistical information, etc.

　　3. Role of the Website: By setting up such a portal website, to further improve the quality of information service provided by the Intellectual Property Offices for the general public, and to play a more positive role in strengthening the protection over patent application, and promoting the popularization of patented technologies.

　　(VII). To hold symposiums to solicit opinions and suggestions.

　　1. To hold symposiums between Intellectual Property Offices and leading companies in different industries, where Chinese companies invested by Top Fortune 500 companies will be invited, to solicit their opinions and suggestions on patent review.

　　2. To organize symposiums with patent agents to ask for their opinions and suggestions on patent review done by the Intellectual Property Offices.

　　(VIII). To set up a feedback mechanism on patent review quality.

　　To preliminarily shaping up a relatively complete feedback mechanism for patent review quality, to promote the effective supervision over the patent review work of the Intellectual Property Offices by patent inventors, applicants, right holders and the general public.

　　(IX). To establish and improve intermediary agencies and industrial associations.

　　To intensify investigation and research efforts, propose policies and measures encouraging and supporting the establishment and development of intermediary institutions. To actively support and encourage industrial associations and social intermediary organizations to perform, and to give full play to their important role in serving the community and the industries, so as to forge a favorable interactive relationship in which the government is the supervisor and administrator, social entities safeguard their rights, and companies operate legally.

　　IX. Plans on subject research.

　　(I). To analyze the reasoning of China’s accession to the Internet Treaty.

　　To have in-depth study on relevant developments in relation with China’s accession to the Internet Treaty, and, on the basis of which and also in line with China’s specific national conditions, to analyze the reasoning.

　　(II). To investigate and research on the issue of software legalization in the Chinese market.

　　To identify existing problems in the software legalization efforts, consolidate current results, and further promote the overall progress of this endeavor in order to ensure the sound development of China’s software industry and the shaping up of an orderly market environment.

　　(III). To intensify the study on the customs’ case handling procedures, rules on evidence and law enforcement difficulties in IPR cases, as well as their coordination with other law-enforcement bodies.

　　(IV). To continue the dedicated research on “IPR Issues in the Pharmaceutical Field”.

　　To propose IPR policies and countermeasures for promoting and protecting the development of China’s pharmaceutical industry.

　　(V). To launch key research on the issue of “Improving the judicial IPR protection mechanism”.

　　To propose scientific measures and workable suggestions on how to further improve the IPR judicial protection mechanism with a view to facilitating the litigation process of the parties involved and the hearing process of the courts, optimizing the allocation of court resources, simplifying the remedy proceedings, and ensuring the judicial integrity.

　　(Source: State Office of Intellectual Property Protection of the P.R.C)

　　In case of any discrepancy, the original version shall prevail.