China Issues “2024 Plan for Promoting Intellectual Property Power”
Published 22 May 2024
Yu Du
On 11 May 2024, the Office of the Inter-Ministerial Joint Conference on the Construction of an Intellectual Property Power that consists of 29 governmental departments and agencies and is organized by the China National Intellectual Property Administration (CNIPA), released the 2024 Plan for Promoting Intellectual Property Power (the Plan). This Plan aims to further implement the Intellectual Property Power Construction Outline (2021-2035) issued by the Central Committee of the Communist Party of China and the State Council in September 2021 and the 14th Five-Year National Intellectual Property Protection and Utilization Plan issued by the State Councial in October 2021, accelerating the construction of a robust intellectual property (IP) system in China by specifying key tasks and measures for 2024.
[Objectives of the Plan]
The primary objectives of the 2024 Plan are to 1) enhance the legal and regulatory framework for intellectual property, 2) strengthen IP protection mechanisms, 3) promote the utilization and market operation of IP, 4) improve public IP services, 5) foster a supportive cultural and social environment for IP, 6) deepen international cooperation in IP governance, and 7) ensure strong organizational support for the implementation of IP strategies.
[Key Components of the Plan]
The Plan outlines several significant measures to achieve these objectives, each overseen by specific government bodies and organizations to ensure effective implementation:
1. Improving IP Legal Framework
The improvement of the IP legal framework is a crucial aspect of the Plan. Amendments to the Trademark Law and its implementation regulations will be led by the CNIPA, aiming to enhance trademark protection and enforcement. The Central Propaganda Department will manage amendments to the Implementing Regulations on the Copyright Law ensuring that copyright laws are up-to-date with current technological and market developments. The State Administration for Market Regulation (SAMR) will be responsible for amending the Unfair Competition Law to address new forms of unfair competition in the market. Additionally, the Ministry of Agriculture and Rural Affairs (MOA) and the National Forestry and Grassland Administration (SFA) will amend the Regulations on the Protection of New Plant Varieties.
2. Strengthening IP Protection
Strengthening IP protection involves both judicial and administrative measures. The Supreme People’s Court (SPC) will spearhead reforms to the case appeal mechanism and accelerate the development of specialized judicial procedures, enhancing the efficiency and effectiveness of IP judicial protection. The Ministry of Public Security will conduct the Kunlun 2024 action, focusing on combating significant IP crimes and ensuring strict enforcement against infringers. On the administrative front, the CNIPA will enhance trademark and patent enforcement efforts, while SAMR will organize Guarding IP special enforcement actions to build a full-chain IP enforcement mechanism. The Central Propaganda Department will lead efforts to improve copyright administrative enforcement and innovate in copyright regulatory mechanisms.
3. Promoting IP Utilization
Promoting IP utilization is another key focus of the plan. High-value patent cultivation will be part of the Hundred Schools and Thousand Projects initiative led by the Ministry of Education, Ministry of Science and Technology, and CNIPA, aiming to foster innovation and facilitate the commercialization of high-value patents. SAMR and CNIPA will be responsible for developing national standards for patent-intensive products, supporting the growth of patent-intensive industries. To enhance IP financial services, guidance on IP pledge financing will be provided by the Central Propaganda Department, the People’s Bank of China, the National Financial Regulatory Administration, and CNIPA, ensuring that IP assets can be effectively leveraged for financial support.
4. Enhancing Public IP Services
The CNIPA will develop and manage a national IP protection information platform, providing comprehensive and accessible information on IP protection. The creation of specialized databases for new fields and new business formats will also be a focus, ensuring that IP data is readily available for various sectors. Additionally, the expansion of IP financial services through the national IP pledge information platform will be overseen by the Central Propaganda Department, National Development and Reform Commission (NDRC), National Financial Regulatory Administration, and CNIPA, enhancing the financial support available for IP-related activities.
5. Fostering IP Culture
Fostering an IP culture involves organizing major IP events and public legal education on IP. The Central Propaganda Department, along with other relevant bodies, will organize events such as World IP Day and National IP Awareness Week to enhance public understanding and support for IP protection. The Ministry of Justice will incorporate IP law education into its public legal education responsibilities, ensuring that the public is well-informed about IP laws. The Ministry of Science and Technology and the China Association for Science and Technology will lead efforts in IP science popularization activities, using platforms like National Science Popularization Day to spread knowledge about IP.
6. International Cooperation
International cooperation is a critical component of the plan, aimed at deepening global IP governance. The CNIPA will deepen bilateral and multilateral cooperation with major international partners, participating in global IP governance through forums and agreements. The Ministry of Commerce (MOFCOM), CNIPA, and the China Council for the Promotion of International Trade (CCPIT) will guide Chinese enterprises in protecting their IP rights overseas, particularly against infringements like the U.S. 337 Investigation, ensuring that Chinese businesses are well-supported in the global market.
[Comment]
The 2024 Plan represents a significant step forward in strengthening China’s IP protection regime. By delineating clear responsibilities among various government bodies, the 2024 Plan ensures a comprehensive and coordinated approach to strengthening China’s IP regime. The comprehensive measures outlined in the plan are poised to enhance both the legal infrastructure and the practical enforcement of IP rights, which are crucial for fostering innovation and economic growth. The focus on amending key IP laws and regulations reflects a proactive approach to adapt to new challenges and technological advancements. Enhancing judicial and administrative protection mechanisms will provide stronger deterrents against IP infringements and offer more robust remedies for rights holders.
[Objectives of the Plan]
The primary objectives of the 2024 Plan are to 1) enhance the legal and regulatory framework for intellectual property, 2) strengthen IP protection mechanisms, 3) promote the utilization and market operation of IP, 4) improve public IP services, 5) foster a supportive cultural and social environment for IP, 6) deepen international cooperation in IP governance, and 7) ensure strong organizational support for the implementation of IP strategies.
[Key Components of the Plan]
The Plan outlines several significant measures to achieve these objectives, each overseen by specific government bodies and organizations to ensure effective implementation:
1. Improving IP Legal Framework
The improvement of the IP legal framework is a crucial aspect of the Plan. Amendments to the Trademark Law and its implementation regulations will be led by the CNIPA, aiming to enhance trademark protection and enforcement. The Central Propaganda Department will manage amendments to the Implementing Regulations on the Copyright Law ensuring that copyright laws are up-to-date with current technological and market developments. The State Administration for Market Regulation (SAMR) will be responsible for amending the Unfair Competition Law to address new forms of unfair competition in the market. Additionally, the Ministry of Agriculture and Rural Affairs (MOA) and the National Forestry and Grassland Administration (SFA) will amend the Regulations on the Protection of New Plant Varieties.
2. Strengthening IP Protection
Strengthening IP protection involves both judicial and administrative measures. The Supreme People’s Court (SPC) will spearhead reforms to the case appeal mechanism and accelerate the development of specialized judicial procedures, enhancing the efficiency and effectiveness of IP judicial protection. The Ministry of Public Security will conduct the Kunlun 2024 action, focusing on combating significant IP crimes and ensuring strict enforcement against infringers. On the administrative front, the CNIPA will enhance trademark and patent enforcement efforts, while SAMR will organize Guarding IP special enforcement actions to build a full-chain IP enforcement mechanism. The Central Propaganda Department will lead efforts to improve copyright administrative enforcement and innovate in copyright regulatory mechanisms.
3. Promoting IP Utilization
Promoting IP utilization is another key focus of the plan. High-value patent cultivation will be part of the Hundred Schools and Thousand Projects initiative led by the Ministry of Education, Ministry of Science and Technology, and CNIPA, aiming to foster innovation and facilitate the commercialization of high-value patents. SAMR and CNIPA will be responsible for developing national standards for patent-intensive products, supporting the growth of patent-intensive industries. To enhance IP financial services, guidance on IP pledge financing will be provided by the Central Propaganda Department, the People’s Bank of China, the National Financial Regulatory Administration, and CNIPA, ensuring that IP assets can be effectively leveraged for financial support.
4. Enhancing Public IP Services
The CNIPA will develop and manage a national IP protection information platform, providing comprehensive and accessible information on IP protection. The creation of specialized databases for new fields and new business formats will also be a focus, ensuring that IP data is readily available for various sectors. Additionally, the expansion of IP financial services through the national IP pledge information platform will be overseen by the Central Propaganda Department, National Development and Reform Commission (NDRC), National Financial Regulatory Administration, and CNIPA, enhancing the financial support available for IP-related activities.
5. Fostering IP Culture
Fostering an IP culture involves organizing major IP events and public legal education on IP. The Central Propaganda Department, along with other relevant bodies, will organize events such as World IP Day and National IP Awareness Week to enhance public understanding and support for IP protection. The Ministry of Justice will incorporate IP law education into its public legal education responsibilities, ensuring that the public is well-informed about IP laws. The Ministry of Science and Technology and the China Association for Science and Technology will lead efforts in IP science popularization activities, using platforms like National Science Popularization Day to spread knowledge about IP.
6. International Cooperation
International cooperation is a critical component of the plan, aimed at deepening global IP governance. The CNIPA will deepen bilateral and multilateral cooperation with major international partners, participating in global IP governance through forums and agreements. The Ministry of Commerce (MOFCOM), CNIPA, and the China Council for the Promotion of International Trade (CCPIT) will guide Chinese enterprises in protecting their IP rights overseas, particularly against infringements like the U.S. 337 Investigation, ensuring that Chinese businesses are well-supported in the global market.
[Comment]
The 2024 Plan represents a significant step forward in strengthening China’s IP protection regime. By delineating clear responsibilities among various government bodies, the 2024 Plan ensures a comprehensive and coordinated approach to strengthening China’s IP regime. The comprehensive measures outlined in the plan are poised to enhance both the legal infrastructure and the practical enforcement of IP rights, which are crucial for fostering innovation and economic growth. The focus on amending key IP laws and regulations reflects a proactive approach to adapt to new challenges and technological advancements. Enhancing judicial and administrative protection mechanisms will provide stronger deterrents against IP infringements and offer more robust remedies for rights holders.