Intellectual property protection has been a hot topic these years, closely relating to the national strategic development and the lives of ordinary people. As a buzz word in this Two Sessions, multiple bills have been proposed relating to intellectual property, covering fields of legislation, copyright protection, and infringement. Let’s follow the thoughts of representatives and see the latest changes that may occur in Intellectual Property!

 

 

 

 

The fifth Session of the 13th National People's Congress (NPC) and the fifth Session of the 13th National Committee of the Chinese People's Political Consultative Conference (CPPCC) were held in Beijing from March 4 to March 11, 2022

 

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Critical Agenda

 

 

Hot-spots tracking

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✔ The Government Work Report mentions intellectual property protection again

On the morning of March 5, the fifth session of the 13th National People's Congress was hold the opening ceremony in the Great Hall of the People in Beijing, during which the Premier Li Keqiang delivered the Government Work Report of 2022. He summarized that in the past year, China has strengthened the leading role of innovation and intellectual property protection, promoted the implementation of major scientific and technological projects, and carried out actions to strengthen and fill in the gaps of key industries. Li also noted that more efforts should be made to further implement the innovation-driven development strategy, strengthen the critical role of enterprises in innovation, advance the R&D in key and core technologies, deepen the integration of production, education, research and application, strengthen the protection and application of intellectual property rights, and consolidate the foundation of the real economy.

 

✔ Ding Lei, member of CPPCC: Build a world-class intellectual property trading platform

On March 4, the eve of the opening ceremony of the fifth session of the 13th National Committee of the CPPCC, Ding Lei, as the member of the CPPCC and the CEO of NetEase, submitted multiple Bills focusing on digital economy and livelihood pain points. The contents of Bills mainly involved the construction of a global intellectual property trading platform, the R&D of sodium-ion battery and other issues related to the digital economy and new energy development. Issues concentrated on livelihood such as national emergency education and safety governance of electric bicycle were also mentioned.

 

✔ Dong Mingzhu, deputy to the National People's Congress: Establish a national intellectual property court as soon as possible

In this Two Sessions, Dong Mingzhu, the deputy to the National People's Congress and the chairman of Gree, has put forward several suggestions in the fields of livelihood, manufacturing industry, and intellectual property, including raising the tax threshold for individual, encouraging enterprises to allow employees have flexible holidays, promoting high-quality development of manufacturing industry, and  establishing a national intellectual property court as soon as possible.

 

✔ Li Jie, deputy to the National People's Congress: Increase the protection of intellectual property rights in drug research and development

In this Two Sessions, Li Jie, the deputy to the National People's Congress and the chairman of Renfu Pharmaceutical Group, appealed to improve the protection system of drug trial data and strengthen the protection for intellectual property rights in drug research and development so as to response to the lack of supervision in China’s drug system. Due to the pressure of R&D of new drugs which is caused by high input and low output, it is helpful for government to establish a data protection system for drug trials and speculate different protection periods for different types of drugs to protect the outcomes of drug research and development, promote the drug innovation and the development of pharmaceutical industry.

 

✔ Huang Li, member of CPPCC: Strengthen the criminal protection for trade secrets

Huang Li, the member of the CPPCC and the chairman of Gaode Infrared, pointed out in this Two Sessions that China needs to strengthen the criminal protection for commercial secrets. Although the protection for intellectual property has made great achievements in recent years, the protection for trade secrets is still relatively weak, which greatly affects the development and international competitiveness of our high-tech enterprises. In respect of this problem, Huang Li has submitted a proposal named Proposal on Strengthening the Criminal Protection for Trade Secrets, Encouraging the Development of Technology and Stimulating the Vitality of National Innovation.

 

✔ Zhao Wen, the member of CPPCC and the Vice Chairman of the Central Committee of Jiusan Society: Accelerate the cultivation of high-end intellectual property talents

Zhao Wen, the member of CPPCC and the vice-chairman of the Central Committee of Jiusan Society, has put her focus on the cultivation of intellectual property talents this year. She noted that there is a huge shortage of high-end intellectual property talents in China, and the lack of professional colleges and universities, shortage of teachers, low degree of internationalization and other problems were urgently to be solved. To truly implement the Outline for Building a Strong Intellectual Property Country (2021-2035) and the 14th Five-Year Plan for Intellectual Property Talents so as to build a powerful intellectual property country, it is necessary to speed up the cultivation of high-end intellectual property talents.

 

✔ Fan Qingfeng, deputy to the National People's Congress: Accelerate the  securitization of intellectual property

Fan Qingfeng, the deputy to the National People's Congress and vice president of Shenzhen High-tech Investment Group, has put forward a proposal in this Two Sessions,focusing on intellectual property securitization. Intellectual property is one of the most valuable assets of small, medium, and micro technology-based enterprises. Meeting the financing needs of these enterprises and turning "intellectual property" into "asset" is an important means to facilitate technological innovation. Fan Qingfeng expressed that he hoped the “Shenzhen Model”, which did well in making IP to tangible assets, could be replicated and promoted nationwide in the future. And more  measures should be taken by governments at all levels to support the intellectual property securitization by governments at all levels so as to make the financing model  benefit more small, medium and micro technologies type enterprises.

 

✔ Ma Yide, deputy to the National People's Congress: Improve the efficiency of intellectual property dispute resolution

Ma Yide, the deputy to the National People's Congress and the professor of the School of Intellectual Property, University of Chinese Academy of Sciences, pointed out that the number of intellectual property disputes in China, mainly litigation cases, has increased year by year, which are time-consuming and costly. To solve this problem, he suggested integrating judicial force, administrative force, and civil force to jointly promote the connection between intellectual property mediation and litigation, improve the efficiency of intellectual property dispute resolution, and further optimize the innovation environment and business environment.

 

✔ Chen Ruiai, deputy to the National People's Congress: Strengthen the prevention of Internet intellectual property infringement

Chen Ruiai, the deputy to the National People's Congress and the chairman and chief scientist of Zhaoqing Dahuanong Biopharmaceutical, was mostly concerned about the Internet intellectual property infringement in this two sessions. Compared with traditional industries, internet intellectual property infringement, which can be done in various ways, costs lower and is easy to spread, is difficult to prevent. Chen Rui'ai proposed that it was necessary to speed up the legislative process of network intellectual property rights, adopt and develop corresponding technology to fight against the infringement, and combine the forces of administrative and judicial organs to escort the rights protection of enterprises.

 

✔ Gong Ming, deputy to the National People's Congress: Strengthen comprehensive judicial protection for intellectual property rights

Gong Ming, the deputy to the National People's Congress and the member of the Procuratorial Committee of the Supreme People's Procuratorate, said in an interview that the procuratorial organs would crack down on internet infringements and intellectual property crimes in new business forms and new fields in accordance with the law and further integrate criminal, civil and administrative procuratorial functions to strengthen comprehensive intellectual protection for intellectual property rights.