The Compendium of China's National Intellectual Property Strategy, which gives direction to the development of intellectual property rights protection in China, was promulgated on June 5 2008.

The Compendium consists of five parts: the preface; guiding principles; strategic goals; strategic focuses; and specific tasks and strategic measures. It marks the first time the judicial system is being emphasised on a state policy level in intellectual property protection in China.

The preface gives the background of the formulation of the new National IP Strategy while the guiding principles and strategic goals chapter sets goals like improving protection of IP rights in the next five years with the aim of making China a country with a high level of IP creation, use and administration by 2020.

The strategic focuses section aims to perfect the IP laws and regulations and to strengthen the administration system to enhance the leading role of the judiciary in intellectual property protection. Specific tasks outlined include the work to be done on patents, trade marks, copyright, business secrets, new plant varieties, IP in certain areas and national defence. Examples of such work include encouraging companies to implement trade mark strategies, supporting the development of copyright related industries and helping industries to set up trade secret management systems.

Under the strategic measures chapter, one notable development under consideration is the setting up of special IP courts, which would take up all IP-related administrative, civil and criminal cases. In addition, an IP appellate court is being considered.

Yvonne Chua and Selene Ng

Wilkinson & Grist
6/F, Prince's Building, 10 Chater Rd
Central, Hong Kong
Tel: +852 2524 6011
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iprop@wilgrist.com 
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