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CPPCC member: establish integrated IP administrative agency |
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China should consummate its IP administrative enforcement system, said Xie Shanghua, Vice President of Sichuan Provincial Higher People’s Court when interviewed by Legal Daily. Xie Shanghua said that with the development of knowledge economy and the acceleration of economic globalization, IP is gradually becoming a kind of strategic resource promoting national development and a core factor raising China’s international competitiveness. In June 2008, the State Council issued National IP Strategy Outline, which lifted IP strategy to national important strategy level and will become a framework document guiding China’s IP work for a long time. The National IP Strategy Outline definitely put forward to “deepen the reform of administrative enforcement system on intellectual property so as to form a system featured by unity of rights and responsibilities, reasonable division of labor, scientific decision-making, smooth enforcement and effective supervision”. When talking about the problems existing in China’s IP administrative enforcement work, Xie Shanghua noted that multisectoral decentralized management exit for a long time and a united IP administrative agency is not set up yet. Xie Shanghua said that nowadays, issues related to patents, trademarks and copyrights are respectively handled with by three independent authorities. In respect of IP creation, use and protection, several sectors will be involved including quality inspection sectors, agriculture departments, forestry sector and commerce sector. The decentralized management led to resource waste, unclear responsibilities, divided policies from various sources and high cost of coordination. Such situation also made national departments hard to study IP issues as a whole and work out appropriate policies, leading to the lack of overall IP research and policy making, which affects the level of the IP work of China. Besides, there frequently occur friction and conflicts between IP laws and regulations and IP management and protection policies in the work of economy, trade and science and technology. In the international communication and cooperation, such decentralized management can not timely and effectively cope with the new situation and problems in IP fields. “According to relevant statistics, 70% of the countries or regions in the world manage their industrial rights in a united way, 24.5% authorize one single agency to manage patents, trademarks and copyrights and only 5.5% handle patents, trademarks and copyrights in a separate way. However, international experience shows that only united management could help exert the role of IP as national strategic resource.” said Xie Shanghua. “It is necessary to establish a special agency to administrate IP issues.” Xie Shanghua suggested. |
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