Annual Report on Promoting the Rule of Law in China(2016)

VI Protection of Intellectual Property

(1) Legislation for Intellectual Property Rights

Promoting the work of revising the Patent Law. The revised draft of the Patent Law was published to solicit opinions from the public. The State Intellectual Property Office improved the patent office regulations, prepared the revised draft of the Guide to Patent Examination, and published it to solicit opinions from the public. It promoted the revision of the Measures for the Administration of Patent Priority Examination and Some Provisions on Regulating Patent Application Activities, and formulated the Measures for Reducing Royalties.

It promoted the work of revising the Anti-Unfair Competition Law of the People's Republic of China, and published the revised draft of the law to solicit opinions from the public.

It promoted the third revision of the Copyright Law. It completed the drafting work for the revised Draft of the Copyright Law, formulated the Guide to the Management of the Authorized Software and the Interim Rules for the Registration of Copyrights for Military Computer Software.

(2) Registration for Examination and Approval for Intellectual Property Rights

——Patent. China accepted 3,465,000 patent applications in 2016, 23.8% more than in the previous year. Among them, there were 1,339,000 applications for invention patents, 1,476,000 applications for utility models, and 650,000 applications for appearance designs. In accordance with the Patent Cooperation Treaty (PCT), the State Intellectual Property Office accepted a total of 44,992 international applications in 2016, 47.3% more than in the previous year. It concluded the examination of 2,310,000 applications for patents, 11% more than in the previous year. Among them, there were 675,000 invention patents.

The State Intellectual Property Office authorized a total of 404,000 invention patents, 12.5% more than in the previous year. It authorized 903,000 utility model patents, 3.1% more than in the previous year, and 446,000 appearance design patents, 7.6% less than in the previous year.

——Trade marks. The Intellectual Property Office accepted 3,691,000 applications for the registration of trademarks throughout the country in 2016, 28.4% more than in the previous year. It completed the examination of the applications for the registration of 3,111,000 trademarks, 33% more than in the previous year.

China verified and approved the registration of a total of 389 collective trademarks and certification trademarks for geographical indications in 2016. It has verified and approved a total of 3,373 collective trademarks and certification marks for geographical indications.

Domestic applicants applied for 3,015 Madrid International trademarks in 2016, 29.8% more than in the previous year, ranking fifth in the Madrid Union for the first time. Foreign applicants applied for the registration of 21,238 trademarks in China through the Madrid Union, and continued to rank first in the union.

——Copyright. China registered a total of 2,007,600 copyrights in 2016, 22.33% more than in the previous year. Among them, there were 1,599,600 written works, 18.65% more than in the previous year, and 410,000 computer software copyrights, 39.48% more than in the previous year.

(3) Administrative Law Enforcement for Intellectual Property

——The law enforcement organs in charge of intellectual property handled a total of 48,916 cases in 2016, 36.5% more than in the previous year. Among them, the number of patent dispute cases surpassed 20,000 cases to reach 20,859 cases. They handled 13,123 patent law enforcement cases in the electronic commerce sphere, 71.4% more than in the previous year, and 2,860 patent law enforcement cases in the exhibition sphere, 2.4% more than in the previous year.

——Continuing to exert high pressure on the work of combating infringements on trade mark franchises. The administrative departments of industry and commerce and market regulation departments filed a total of 5,710 cases of imitative products, and infringements on intellectual property rights in 2016, involving a value of 110 million yuan, and the fines and confiscation totaled 58,270,000 yuan. The national offices strengthened guidance to the local trademark administrative law enforcement work and continued to protect the Disney trademark franchise. They organized the 2016 special action to regulate the Internet market and inspected websites and online shops 1,918,000 times and ordered web sites to correct their illegal activities 19,500 times and handled 13,400 cases of cyber law violation.

——Combating all types of infringements and piracies. They investigated and handled 514 administrative cases in combating cyber literature tort and piracy, APP tort and piracy and the Web Advertising Union with administrative fines totaling 4,670,000 yuan, closed 290 webs, and transferred 33 criminal cases to judicial organs, involving 200 million yuan. The copyright law enforcement and regulation departments at all levels filed a total of 1,033 cases, transferred 71 criminal cases to judicial organs for criminal liabilities, destroyed 181 piracy dens and disclosed information on 705 cases.

——Further promoting the work of producing genuine software, strengthening supervision over and inspection of genuine software production and making experiments on the application of domestic software. The Intellectual Property Office organized ten supervision and inspection teams to check 1,316 computers of 32 central party and government organs, 60 provincial organs of ten provinces, autonomous regions and municipalities and 20 state-owned enterprises and 20 state-owned financial institutions to ensure the use of genuine software in the organs of the central party committee and government.

(4) Judicial Protection for Intellectual Property

The courts at all levels tried and closed 146,664 intellectual property cases of first instance in 2016. Among them, there were 131,813 intellectual property civil cases of first instance, 6,250 administrative cases and 8,601 criminal cases. One, the Supreme People’s Court innovated the work mechanism to serve and safeguard the implementation of the innovation-driven development strategy, and made large efforts to promote the construction of the intellectual property courts in Beijing, Shanghai and Guangzhou, and made preparations for the establishment of special organs for the trial of intellectual property cases in Nanjing, Suzhou, Wuhan and Chengdu. Two, it gave full play to the leading role of the judicial protection for intellectual property. It issued the Opinions of the Supreme People’s Court on Promoting the “Three-in-One” Trial of Civil, Administrative and Criminal Intellectual Property Cases in the Courts throughout the Country, and held the Work Symposium of the People’s Courts on the Trial of Intellectual Property Cases and the national conference on promoting the “three-in-one” trial of intellectual property cases in courts. Three, it established the good image of the judicial protection of intellectual property in China. It held the 2016 National Publicity Week on Intellectual Property, and issued the White Book on the Judicial Protection of Intellectual Property in Chinese Courts in 2015, and published typical cases on intellectual property in Chinese courts in 2015. It issued the Interpretation concerning Some Issues on the Application of the Law to Hearing Cases of Disputes over Infringements on Patent Rights (2). It formulated the Provisions of the Supreme People’s Court concerning Some Issues on Hearing Administrative Cases on the Authorization and Confirmation of the Right to Trademarks, and the Programme for the Judicial Protection of Intellectual Property Rights in China (2016-2020).