China: The Latest Circumstances of Intellectual Property-Mori · Shibata Matsumoto Law Office Mori · Shibata Matsumoto Law Office: Lawyer · Onodera Yoshifumi

Promotion of pro-patent policy in China

2006 | Intellectual Property Protection Action Plan

2008 | “National Intellectual Property Strategy” “High-tech Company Accreditation Management Act”

2009 | 3rd Amended Patent Act enacted, Foreign Patent Application Specialist Subsidy Management Temporary Enforcement Act

2010 | Second revision of Copyright Act enforcement / Design of strategic promotion industry

2014 | 3rd Amendment of Trademark Act enacted-Establishment of Intellectual Property Court in Beijing, Shanghai, Guangzhou

2015| “China Production 2025”, “Action Plan on Strengthening Implementation of National Intellectual Property Strategy (2014-2018)”

“Some opinions on accelerating the construction of intellectual property powers in new circumstances”

2017 | Supreme People’s Court “China Intellectual Property Right Justice Protection Network (2016-2020)”

2018 | Revision of the Unfair Competition Prevention Law-Establishment of intellectual property courts (equivalent to the intellectual property department) in middle class people’s courts in 15 major cities across the country

2019| Supreme Court of Intellectual Property Tribunal (equivalent to the Intellectual Property High Court) Establishment of Technology Import and Export Control Ordinance Revision of Foreign Investment Law

Fourth revised patent law (planned)

China: The Latest Circumstances of Intellectual Property-Mori · hamada Matsumoto Law Office

Mori · hamada Matsumoto Law Office: Lawyer · Onodera Yoshifumi

China is rapidly advancing IP system reform.

Specialist judges have put in place a centralized trial system for patent cases, and are pushing forward with legal amendments to strengthen rights protection such as punitive damages.

China: Progress of IP strategy

Intellectual property protection action plan in 2006

“National Intellectual Property Strategy” in 2008

China Promotes Pro-patent Policy as a National Strategy

Promote innovation, strengthen intellectual property protection

As a result, internationally competitive companies such as unicorn companies are emerging one after another mainly in Shenzhen and Beijing

Patent application: The world’s Top

2011: The number of domestic applications exceeds the world’s annual number of about 500,000.

2016: Approximately 1.4 million cases reached annually.

2017: China ranks second in the world after the United States after Japan in terms of the number of international (PCT) applications,

2018: Thinned in the United States (56,142) in the first place, and applied for 35,345 patents (1405 for each company by Huawei Technology).

Artificial intelligence (AI) related applications by Chinese companies are also increasing rapidly in the world.

Civil Procedure: increased

The number of IP-related civil cases and new cases received in 2018 increased by 40.7% from the previous year to 283,000.

Of the patent cases (including utility models and designs), 22,000 (up 34.7%)

In the last five years, IP litigation has tripled and patent litigation has increased 2.5 times.

Nikkan Kogyo Shimbun Electronic Edition

https://www.nikkan.co.jp/articles/view/00514256