In 2020, China has continuously issued a series of Amendments of Intellectual Property Laws and Regulations, Intellectual Property industry has become a sample of Chinese legislation. China IP Magazine has specifically planned the “China Top Ten Significant Issue in Intellectual Property Industry (Laws and Regulations)”.
In 2020, one of the most significant issue is the Civil Code of the People’s Republic of China issued, and will be implemented from January 1, 2021. In the era of Civil Code, intellectual property has been equally ranked as civil subject’s civil right together with personality right, real right, and creditor’s right. Moreover, the punitive damage system has been formally introduced into the intellectual property infringement regulations.
Meanwhile, the fundamental laws in the intellectual property industry have all welcomed a significant amendment in the recent ten more years.
After the amendment in 2008, Patent Law of the People’s Republic of China has been amended again in 2020, and will be implemented from June 1, 2021;
Copyright Law of the People’s Republic of China, followed the Amendment in 2010, has been amended again in 2020, and will be implemented from June 1, 2021;
Since the amendment in 2013, the Trademark law of the People’s Republic of China has been amended once again in 2019, and the amended law has been implemented;
Anti Unfair Competition Law of the People’s Republic of China, after the amendment in 2017, has been amended once again in 2019, and has been implemented;
Anti-Monopoly Law of the People’s Republic of China has been implemented from 2008, and issued the Draft Amendment for comment in January 2020.
Amendment to the Criminal Law of the People’s Republic of China (11) has been passed on December 26, 2020, and will be implemented from March 1, 2021. It has raised the penalties for crimes of infringing intellectual property rights, lowered the threshold for criminal offenses, and intensified criminal crackdown intensity.
The judicial interpretation and judicial documents that match with the Law also seems dazzling to behold.
l Decision of the Supreme People’s Procuratorate of the Ministry of Public Security on Amending the Prosecution Standards for Criminal Cases of Commercial Secret Infringement
l China’s Supreme People’s Court published on September 11, 2020 (effective September 12) the Provisions on Several Issues Concerning the Application of Law in the Trial of Administrative Cases Concerning Patent Grant and Confirmation (1)
l Official Reply of the Supreme People's Court on Several Issues Concerning the Application of Law to Disputes over Internet-related Intellectual Property Right (IPR) Infringement
l Supreme People’s Court issuance of Interpretation on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases of Infringement of Intellectual Property Rights (3)
l China’s Supreme People’s Court Provisions on Evidence in Intellectual Property Civil Litigation
l China’s Supreme People’s Court Opinions of the Supreme People's Court on Comprehensively Strengthening Judicial Protection of Intellectual Property
l China’s Supreme People’s Court released the Guiding Opinions on Trial of Civil Cases Involving Intellectual Property Rights of E-commerce Platforms
l China’s Supreme People’s Court of the People’s Republic of China released the “Opinions on Increasing the Punishment of Intellectual Property Infringement Acts According to Law”
l China’s Supreme People’s Court Opinions of the Supreme People's Court on Strengthening the Protection of Copyright and Rights related to Copyright
In August 2014, the Standing Committee of the National People's Congress decided to establish intellectual property courts in Beijing, Shanghai, and Guangzhou. On January 1, 2019, the Intellectual Property Court of the Supreme People's Court was put into operation, marking the official establishment of an appeal hearing mechanism for intellectual property cases at the national level in China. On December 26, 2020, the Standing Committee of the National People's Congress once again decided to establish the Hainan Free Trade Port Intellectual Property Court, which played a vital role in the legal environment and the formation of a new judicial system. In addition to the twenty Intellectual Property Courts established in China in recent years, China will form a "1+4+20" intellectual property professional trial pattern in the future.
Intellectual property judicial adjudication is highly professional, and it is necessary to continuously solve new legal issues, summarize judgment rules, and unify judgment standards. It can be said that judicial protection of intellectual property is highly standardized and has become a sample of the rule of law in China, which effectively guarantees the operation of the intellectual property system and promotes the creation of a business environment that encourages innovation and fair competition.
