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19 March 2018Patents

Chinese government to restructure SIPO

China’s State Intellectual Property Office (SIPO) is set to be restructured, with its new responsibilities to include trademarks and geographical indicators.

China’s government approved the restructuring plan during its first session of the National People’s Congress on Tuesday, March 13.

Local news outlet China Daily shared the information following a press conference with Shen Changyu, SIPO’s director. Changyu reportedly said that the reform is intended to create a better business environment and a stronger framework for the protection of IP rights.

China currently has 19 centres dedicated to IP protection but, according to Changyu, more will be established this year. The director said this will allow right holders to safeguard their rights more efficiently, with a lower cost.

The reform plan will integrate SIPO’s duties with that of the State Administration for Industry and Commerce (SAIC) in relation to trademark management, and that of the Administration for Quality Supervision, Inspection and Quarantine (AQSIQ) in relation to geographical indications.

Duties of the reconstructed SIPO will include the acceleration of the establishment of a protection system for IP rights, the granting and adjudication of trademarks, patents, and geographical indicators, and the supervision of related law enforcement.

A new State Market Supervision Administration is to be established to manage SIPO. It will incorporate the functions of SAIC, AQSIQ, and the State Food and Drug Administration.

State councillor Wang Yong explained that the changes will be made to streamline the management and enforcement of patent and trademark rights by placing them under one office, according to news site Lexology. The National Copyright Administration will remain separate.

The proposed restructuring comes shortly after the Supreme People’s Court of China’s vowed to increase efforts to tackle IP infringement.

Tao Kaiyuan, vice president of IP case hearings at the court, pledged to increase efforts to strengthen IP rights, including by handling disputes in “innovative ways”.

The National People’s Congress opened on March 5 and will feature the election of major state positions and proposed amendments to the Chinese constitution, alongside other discussions.

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More on this story

Copyright
5 March 2018   The Supreme People’s Court of China has vowed to increase efforts to tackle the infringement of IP rights, following the Chinese government’s announcement of plans to reform the country’s IP landscape.
Copyright
13 April 2018   China’s State Intellectual Property Office has announced that the country will soon introduce punitive damages for IP infringements in an effort to ensure that offenders pay a “big price”.