China Sets Vision to Modernize Intellectual Property Protection by 2035

China Sets Vision to Modernize Intellectual Property Protection by 2035

BEIJING — In a significant move towards becoming a global intellectual property (IP) powerhouse, China has unveiled a comprehensive blueprint to modernize its IP protection system by 2035. This roadmap, developed by the China National Intellectual Property Administration (CNIPA) alongside eight other authorities, outlines ambitious plans to enhance patent examination efficiency, strengthen legal protections, and focus on emerging industries.

Guo Wen, spokesperson for the CNIPA, announced the blueprint at a press conference on Tuesday, emphasizing China’s commitment to advancing its IP framework. “By 2035, we aim to establish a fully modernized IP protection system that supports innovation and fuels economic growth,” Guo stated.

Accelerating Patent Examination

China has already made remarkable strides in patent examination efficiency, outperforming the United States, Europe, Japan, and the Republic of Korea. In 2022, the average review time for patents was reduced to 16 months. The new plan sets a target to further cut this period to 15 months by 2025, expediting the process for inventors and businesses.

Enhancing Legal Protections

The blueprint places a strong emphasis on bolstering legal safeguards against IP infringement. Shen Changyu, head of the CNIPA, highlighted measures to combat violations, including the implementation of punitive damages to increase the cost of infringement. In 2023, Chinese courts applied punitive damages in 319 IP infringement cases, a 117% increase from the previous year, awarding a total of 1.16 billion yuan (approximately $163 million) in damages.

Furthermore, the plan advocates for the expansion of specialized IP courts and tribunals, improved rules of evidence, and more precise calculations of infringement damages. These steps aim to deter infringement and provide stronger recourse for rights holders.

Supporting Emerging Industries

Recognizing the critical role of innovation in emerging sectors, the blueprint focuses on developing IP protection rules for fields such as artificial intelligence, biotechnology, and digital economies. “China will continue to enhance the protection of original innovations in cutting-edge areas,” said Wan Yong, an official with the Supreme People’s Procuratorate. “We will safeguard IP rights in key industries like information technology, biomedicine, advanced manufacturing, and new energy.”

By 2022, China led the world in AI patent applications, with the core AI industry surpassing a valuation of 500 billion yuan. The new IP protection measures are expected to further stimulate growth and innovation in these vital sectors.

Facilitating Enterprise Services

The plan also proposes the establishment of centers offering efficient services such as patent review, verification, and protection, in collaboration with local governments. These centers aim to address challenges in evidence collection and reduce the time and cost involved in IP protection. To date, numerous fast IP service centers have been set up nationwide, serving over 150,000 enterprises.

Looking Ahead

China’s comprehensive approach to modernizing its IP protection system underscores its dedication to fostering an innovation-driven economy. By streamlining processes, enforcing stricter legal protections, and supporting emerging industries, the country is poised to enhance its global standing in intellectual property and stimulate sustainable economic growth in the years to come.

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