China: Criminal Judicial Interpretation And Other Developments
Mark Cohen
Intellectual Property Attaché
. Embassy, Bistrative Enforcement
Police or Technology Supervisor?
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Statistics
580,000 TM Applications (3 years most active TM office in world). Pending concerns.
Most Design Patent Applications
One of Most Actively Growing Patent Offices
Largest Number of Internet Users
Largest Number of Cell Phone Users
Rapidly Increasing Broadband Penetration
Largest Number of Seizures (US/EU)
Largest Amount of FDI
Most IPR Litigation?
Among Highest Infringement Rates
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Developments - Policy
August 2004 - IPR Action Plans
Under MORO - included all IP rights, Customs, Joint Cooperation on Cases, Coordinated Interagency Mechanism, Various Misc. Items - ., Development of Trade Associations, etc.. Phase 2 Ends in June, followed by Phase 3 to August, including local reports to MORO and Long Term Plans.
Individual Agency Action Plans
., Mountain Eagle - MPS (includes int’l coop.)
Local Government Action Plans
Regional Action Plans
Not Equally Transparent
National IPR “Strategic Plan” Being Drafted
Legislative work, technology promotion, public awareness, etc.
Inter Agency Organizations
Formal - MORO and Ad Hoc
Different Perspectives from Different Agencies
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Legislative
Civil Code Drafting
Scope of Protection
Role of Government
Antitrust Law
Law to Counter Unfair Competition
Patent Law
Patent abuse/misuse
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Regulations (State Council)
Internet Regulations - End of ‘05 (with NCA)
Folklore (MoC)
Just Released - Collective Management
Thus far only music composers collective management society exists.
Literary works CMO is currently being formed, others in preparation stage.
Foreign rights holders should be able to receive royalties by arrangements concluded between CMO's.
NCA will supervise CMO's and will announce royalty rates. Collective management here does not mean collective ownership, as in Chinese civil law, but is intended to follow intern
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