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24 November 2017Copyright

China announces plans to step up IP protection

China will step up its protection of IP rights to provide “sustained impetus for economic development”, according to the country’s state-owned news agency.

Xinhua reported that the Chinese State Council announced plans to give private businesses equal IP protection with companies in the public sector.

To protect IP rights, the government also plans to “explore the establishment of a punitive fine mechanism for property rights infringements”, the article stated.

“The bad faith of governments will be put on record, and a redress and punishment mechanism for bad faith of governments will be improved,” it added.

Further pledges were made to establish a “complaint filing and compensation mechanism” for businesses that suffer “losses in property rights due to governmental bad faith”.

The announcement is the latest pledge to clamp down on IP infringement since US President Donald Trump signed a memorandum asking the US trade representative Robert Lighthizer to assess whether an investigation into Chinese IP theft is necessary.

As reported by WIPR in August, Trump signed the memorandum in front of press, pledging to “combat the counterfeiting and piracy that destroys American jobs”, among other things.

Within a week of it being signed , Trump was branded “irresponsible” by the Chinese Ministry of Commerce, which insisted China will take “all appropriate measures” to safeguard its rights and interests.

However, 11 days after it was signed, the Chinese Ministry of Commerce said it will tighten controls on IP infringement with a particular focus on trademark registration abuse and business secret theft.

News agency Reuters reported that Wang Shouwen, a vice commerce minister, told reporters at a press briefing that China’s IP protection was “not perfect” as a developing country.

China has also promised to improve IP protection for foreign investors as it “seeks to build a better business environment for them”.

The country’s State Council  announced its plans in August, urging governments and departments to build a “legal, international and convenient environment for foreign businesses”.

Premier of the China State Council, Li Keqiang, said on Wednesday, November 22, that the protection of IP rights is “a matter of overall strategic significance”.

“There are still quite a few problems with the current property rights protection system. Deficiency in this area is a main cause for the slide in private investment.”

He added: “The wider opening up of the country calls for enhancing IPR protection. All related laws and measures must be fully implemented; the problem of violators getting away with IPR infringements must be tackled to dispel the public concern.”

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