In April 2005, the State Intellectual Property Office initiated preparations for the third revision of the Patent Law. In January of this year, the third revision of the Patent Law was included in the State Council's 2008 legislative work plan. At present, the draft revision of the Patent Law is in the review stage of the State Council and will soon be submitted to the Standing Committee of the National People's Congress for deliberation. It is expected that the revision work will be completed in the first half of 2009.
This is the introduction of the Director of the Department of Law and Law of the State Intellectual Property Office and the spokesperson Yin Xintian, which was introduced at the press conference on the development and prospects of the Chinese patent system held at the 2008 Beijing International Media Center.
Previously, China's patent law has undergone two revisions. In September 1992, in order to better fulfill the commitments made by the Chinese government in the memorandum of understanding on intellectual property rights reached between China and the United States, China’s patent law was first revised. In August 2000, in order to comply with the needs of China's accession to the World Trade Organization, the Patent Law was amended for the second time.
Yin Xintian said that China's patent system was born with the implementation of reform and opening up in China. In the past 30 years, China's patent system has undergone a process from birth to continuous development and improvement, and has achieved gratifying achievements. On April 1, 1985, the first day of the implementation of China's patent law, the original Chinese Patent Office received 3,455 patent applications from home and abroad, which was hailed by the World Intellectual Property Organization as a new record in the history of world patents.
Yin Xintian said that the Chinese government has always attached importance to providing effective legal protection for patent rights, and established a parallel protection model for patent administrative law enforcement and judicial enforcement with Chinese characteristics, and constantly improved it, continuously improving the level of law enforcement, and achieved remarkable results. In terms of patent administrative law enforcement, between 2003 and 2007, IPRs across the country accepted 6,427 kinds of patent dispute cases, investigated and dealt with 919 counterfeit patent cases, and investigated and dealt with 8152 patent cases, effectively protecting the patentee. Legal rights and interests maintain a fair and orderly market economic order.
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