Implementation of State Intellectual Property Strategy

The recent publication by the State Council of the State Intellectual Property Strategy Outline marked the formal launch of the implementation of the new State Intellectual Property Strategy. The strategy represents a long-term plan to transform China into a nation of advanced IP creation, utilisation, protection and administration by: 

• encouraging the development of independent IP rights; 
• promoting the efficient exploitation and management of such rights; and 
• putting in place strict and effective enforcement measures by 2020.

To assist the State Council in implementing the strategy, the State Administrative Authority for Industry and Commerce (SAIC) has been tasked with: 

• improving the efficiency of the application examination process at the Trademark Office; 
• reducing the time taken to conduct examinations; and 
• maintaining the standard and quality of examinations.

Since China joined the World Trade Organisation in 2001 and in light of the growing awareness of the importance of obtaining trademark protection, there has been a significant increase in the volume of trademark applications, resulting in a backlog at the Trademark Office and the Trademark Review and Adjudication Board. The SAIC is dedicated to clearing this backlog in the next three years by taking measures such as recruiting 400 new examiners to assist the office and the board, and reorganising the internal structure of the office to streamline its operations.

The SAIC will examine applications for well-known trademarks strictly according to the Trademark Law, with equal emphasis given to local and foreign trademarks. The SAIC will also continue to honour China’s obligations under the relevant international treaties to protect the lawful rights of all trademark owners.