經通國際智慧產權事務所

Overall Thoughts, Targets and Guidelines of IP During The 11th Five-Year Plan Period

The 11^th Five-Year Plan period is crucial to the construction of an affluent society in China, and also a period full of opportunities as well as more problems and contradictions for IP work. However, more challenges than opportunities in practice. The outline of the 11^th Five-Year Plan makes it clear that China will encourage independent innovation, improve its systems and mechanisms and build up a harmonious country with a scientific outlook. This policy will create a favorable and sound environment for further progress of IP, help a group of Chinese businesses to become internationally known and competitive with their own IP rights and brands, promote China as a creative country, and change the national economic structure and growth mode. Therefore, higher demands emerge in China’s IP work while also creating a larger space for its IP development.

The overall thinking in regard IP in the 11^th Five-Year Plan period is:

• Carry out National IP Strategy Formulation and perform all work listed in the formulation from a scientific outlook of development;
• Research and understand developments in international IP, making full use of the favorable opportunity to promote IP in China, try to find new ways to foster IP invention, management, protection and utilization, and thus promote IP to develop in a comprehensive and balanced way;
• Concentrate on completing an IP legal system, raising overall working ability, and enforcing the construction of an appropriate support system for IPR;
• To make full use of international and domestic resources and markets, and promote the adjustment of the economic structure, change of economic growth mode, increase of China’s core competitiveness and social-economic development ;
• To stimulate independent innovation and IP development so as to lay a solid foundation for China to become an innovation-oriented country.
• The IP targets in the 11^th Five-Year Plan period are:
• Boost the construction of laws, regulations and policies concerning IP and IPR systems as well as a working mechanism, and strengthen IPR law enforcement;
• Complete the drafting of the National IP Strategy Formulation and actively carry out its requirements;
• Further improve the macro-administration level as well as the IP working and administration mechanism;
• Continue transforming the view of development and raise public awareness of IPR.
• Dramatically raise comprehensive capacity in the IPR field, especially the capacity to master and apply IP resources in market mainstay activities, the utilization capacity of the IPR system, IP examination capacity, the promulgation and utility capacity of IP-related information, as well as the capacity for participating in and influencing the international IPR community.
• Continue establishment of an IPR support system, especially the information service system, IP emergency report and handling mechanism, patent deputizing system, and the enrichment of IPR personnel and team culture.
• To actively promote the birth of core technology and IP of some key equipment as part of the project to develop enterprises with their own IP and internationally competence advantages.

•  Fully carry out the scientific outlook of development in all IPR work, and the ideas and demands of National IPR Strategy Formulation;
• To insist on serving economic construction, the priority work in whole China now, and to take serving China’s economic and social development plan as the motive and purpose of IPR work.
• To keep building an innovation-oriented country as the fundamental base, to treat raising China’s innovative capacity and core competitiveness as the key target, and regard enhancing and safeguarding the national interests of China as the tenet, and to try to meet the demands of economic globalization, internationalization of IPR standards as well as the development of the Chinese economy, science, technology, trade and society.
• To active promote the whole process of independent innovation and industrial development covering research, production and business operations.
• To strike the right balance between providing effective protection for IPR and legally sharing the intellectual achievements of human beings, between inspiring technological creation and encouraging technology transfer, between introducing new technology and heartening independent innovation, between completing IPR protection and serving public interest, and between the present and future.

2006-08-14