In September 2021, the Central Committee of the Communist Party of China and the State Council issued the “Outlines for Building a Powerful Country with Intellectual Property Rights (2021-2035)” (hereinafter referred to as the “Outline”, 知识产权强国建设纲要(2021-2035年)), aiming to improve the creation, application, protection, management and services for intellectual property rights.
In terms of administrative protection of intellectual property, the Outlines advocates the establishment of a strict, fair, open, and transparent system for administrative protection, scientific allocation and exercise of the rights of competent administrative departments of investigation, punishment and enforcement according to the law, and the establishment of unified and coordinated enforcement standards, evidence rules and case guiding systems.
In addition, the Outlines enables the administrative adjudication system in patent infringement disputes to be brought into play, strengthening the enforcement of administrative rulings.
The Outlines also proposes to establish the intellectual property right protection and investigation mechanisms for foreign-trade intellectual property as well as specialized mechanisms for intellectual property right protection in pilot free trade zones.
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Contributors: CJO Staff Contributors Team