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China’s National Intellectual Property Administration Releases the “2023 Outline for Building a Powerful Intellectual Property Country and Implementation Promotion Plan of the 14th Five-Year Plan”

On July 27, 2023, China’s National Intellectual Property Administration (CNIPA) released the 2023 Outline for Building a Powerful Intellectual Property Country and Implementation Promotion Plan of the 14th Five-Year Plan (2023年知识产权强国建设纲要和“十四五”规划实施推进计划). The plan has 139 points in groupings as follows: 

  • Improving intellectual property laws, regulations and rules;
  • Reform and improve major policies on intellectual property rights;
  • Improving intellectual property rules in emerging fields and specific fields;
  • Strengthen the judicial protection of intellectual property rights;
  • Strengthen the administrative protection of intellectual property rights;
  • Improving the pattern of collaborative protection of intellectual property rights;
  • Improving the quality of intellectual property creation;
  • Strengthen the comprehensive use of intellectual property rights;
  • Promoting the market-oriented operation of intellectual property rights;
  • Strengthening the supply of intellectual property public services;
  • Improving the efficiency of intellectual property public services;
  • Vigorously advocate the cultural concept of intellectual property rights;
  • Consolidate the foundation for the development of intellectual property rights;
  • In-depth participation in global intellectual property governance; and
  • Strengthen organizational security

Some highlights of the Outline include: 

  • Promote the completion of the revision of the “Regulations for the Implementation of the Patent Law of the People’s Republic of China”, and promote the revision of the “Trademark Law of the People’s Republic of China” and the “Regulations for the Implementation of the Trademark Law of the People’s Republic of China”.
  • Promoting the revision of the Regulations on the Implementation of the Copyright Law of the People’s Republic of China, the Regulations on the Collective Administration of Copyrights, the Measures for the Implementation of Copyright Administrative Penalties, the Trial Measures for the Voluntary Registration of Works, and the Measures for the Registration of Computer Software Copyrights. 
  • Promote the formulation and revision of the Anti-Unfair Competition Law of the People’s Republic of China and related supporting regulations. Promoting the revision of the intellectual property clauses in the Electronic Commerce Law of the People’s Republic of China. Promoting the revision of the “Regulations on the Protection of Commercial Secrets” and “Provisions on Prohibiting Abuse of Intellectual Property Rights to Exclude and Restrict Competition”. 
  • Promoting the revision of the Measures for the Protection of Intellectual Property Rights at Exhibitions. 
  • Obvious examination of design and utility models.
  • Promoting the revision of “Several Provisions on Regulating Patent Application Behavior”.
  • Continue to optimize the network layout of overseas intellectual property dispute response guidance centers, and select the third batch of overseas intellectual property dispute response guidance local sub-centers. 
  • Carry out in-depth special “blue sky” rectification actions in the intellectual property agency industry. Accelerate the improvement of the intellectual property service industry supervision system, improve the long-term mechanism for the supervision of the agency industry, and promote the implementation of credit evaluation management.
  • Actively promote the process of joining the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP).

The full text is available here (Chinese only).

 

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Author:
Principal, and Director of the China Intellectual Property Practice

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