China to Introduce More Measures on IPR Protection

China will take measures to support the healthy development of the platform economy, boost new drivers of optimizing economic structure, pushing ahead industry upgrading and increasing job opportunities and further strengthen the protection of intellectual property rights (IPRs) as part of efforts in effectively protecting the lawful rights and interests of all types of market actors, the State Council's executive meeting chaired by Premier Li Keqiang decided on last Wednesday.

The meeting indicated that it is necessary to observe objective laws and take advantage of opportunities to promote the sound development of Internet platform economy. First, new forms of business in platform economy will be advanced. Internet Plus Services Initiative will be developed to satisfy people's needs, the participation of non-governmental capital in the health care, education, elderly care, domestic service, tourism and sports will be encouraged and more high quality and efficient services will be provided. The establishment and application of industrial Internet platforms will be facilitated to adapt to industrial upgrading, the integration and sharing of manufacture resources and data will be advanced and intelligent manufacturing and service-oriented manufacturing will be developed. Second, the development environment will be optimized. The registration facilitation will be promoted, restrictions on enterprise name registration in emerging industries will be lifted and the procedures of the establishment of the platform enterprise branches will be simplified. Relevant local governments will be instructed and urged to evaluate the implementation of the central policy measures in tourism and B&B and entry conditions, approval process and services will be optimized. Relevant policies in terms of the platform enterprise employment and the flexible employees will be improved. Data sharing between the government departments and platforms will be strengthened and a unified electronic certificate sharing system and electronic invoice public service platform throughout the country will be built this year. Financial institutions will be stimulated to provide support for the development of platform economy. Third, supervision patterns will be innovated and impartial supervision measures will be explored to adapt to the new business models and make for fair competition and Internet Plus Supervision Initiative will be furthered according to the inclusive and prudent requirements. Credit constraints will be intensified, the responsibility of platform entities will be defined scientifically and reasonably and those involved in internet fraud, counterfeiting, unfair competition and disclosing and abusing users' information will be punished in accordance with the law.

The meeting pointed out that further strengthening IPR protection is crucial to improving property rights protection system, conducive to optimizing business environment, boosting technical innovation and deepening international cooperation. In recent years, all localities and relevant departments perfect regulations and policy system and step up administrative and judicial protection, making positive progress in IPR protection work. Next step, these measures will be taken. First, IPR-related law enforcement will be continuously intensified and all types of market actors must be treated as equals. Efforts to formulate and improve the criteria for determining, checking and verifying infringements and counterfeits of patents, trademarks and copyrights will be accelerated. Special campaigns against violations of IPR-related laws will be further carried out and severe punishment involving hefty fines will be meted out. Fast collaborative protection on IP will be promoted. International cooperation on IPR protection will be enhanced to make it easier for companies to seek the grant of IPRs and their protection overseas. Second, the process of revising the Patent Law and the Copyright Law, the new round of comprehensive revision of the Trademark Law, and the revision of the Implementing Regulations of the Patent Law and the Regulations on the Protection of New Plant Varieties will be advanced. The cost for breach of law will be significantly raised. Third, the quality and efficiency of IPR examination will continue to be improved. The smart system of patent examination and trademark registration will be developed at a faster pace. The goal is to shorten, by the end of this year, the time required for reviewing applications of high-value patent to within 17.5 months, and the average review period for trademark registration to within 5 months. Greater efficiency is needed in the patent and trademark examination, and a greater number of patents with high value and in core areas will be promoted.

The meeting also deliberated other matters.