CHINA TO AMEND IP LAWS


The NC Times reports that China is to reform its patent laws in order to meet its WTO obligations. The proposals for amendment are due to be presented to the Chinese Parliament next year.

Although China's substantive IP laws are generally thought to meet its TRIPs obligations, enforcement is lax and there can be sizeable delays in obtaining patents because of a backlog in applications.

A Chinese patent

Thus, the following reforms may be on the cards:

  • a simplification of patent application and examination procedures
  • possible adoption of international standards in granting patents
  • improvements to patent protection
  • possible amendments to copyright and trade marks
  • the introduction of specialist IP courts
  • measures protecting China's biological and genetic resources, perhaps through requiring patent applicants to disclose the origin of the materials they use

The IPKat says that IP laws that are strong on paper are worth nothing if they're not backed by suitable enforcement measures. He hopes that China will be in a position to reform its laws in a way that benefits Chinese IPR holders and users, as well as foreign owners and users.

CHINA TO AMEND IP LAWS CHINA TO AMEND IP LAWS Reviewed by Anonymous on Sunday, November 27, 2005 Rating: 5

No comments:

All comments must be moderated by a member of the IPKat team before they appear on the blog. Comments will not be allowed if the contravene the IPKat policy that readers' comments should not be obscene or defamatory; they should not consist of ad hominem attacks on members of the blog team or other comment-posters and they should make a constructive contribution to the discussion of the post on which they purport to comment.

It is also the IPKat policy that comments should not be made completely anonymously, and users should use a consistent name or pseudonym (which should not itself be defamatory or obscene, or that of another real person), either in the "identity" field, or at the beginning of the comment. Current practice is to, however, allow a limited number of comments that contravene this policy, provided that the comment has a high degree of relevance and the comment chain does not become too difficult to follow.

Learn more here: http://ipkitten.blogspot.com/p/want-to-complain.html

Powered by Blogger.