May 31, 2010
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Notice of the State Council on Issuing the Outline of the National Intellectual Property Strategy [Effective]
国务院关于印发国家知识产权战略纲要的通知 [现行有效]
Notice of the State Council on Issuing the Outline of the National Intellectual Property Strategy
(No. 18 [2008] of the State Council)
The people's governments of all provinces, autonomous regions and municipalities directly under the Central Government, and ministries, commissions and directly subordinate bodies of the State Council:
The Outline of the National Intellectual Property Strategy is hereby printed and distributed to you for your earnest implementation.
The State Council
June 5, 2008
Outline of the National Intellectual Property Strategy
This Outline is formulated to improve China's capacity to create, utilize, protect and administer intellectual property, to build our country into an innovative one and to realize the goal of building her into an overall well-off society.


I. Preface
(1) Since the reform and opening up to the outside world, China has maintained a sustainable and rapid economic and social development, and has made great progress in science, technology and cultural creations, while the capacity for innovation has been constantly improved, and the role of knowledge is increasingly prominent in the economic and social development of our country. China is now at a new historical start point, and it is of great strategic importance for our country to develop and utilize knowledge-based resources in order to transform the pattern of economic development, ease the constraints posed by demand for resources and environmental concerns, enhance the nation's core competitiveness and satisfy the people's increasing material and cultural demands.
(2) Intellectual property system is a basic system for developing and utilizing knowledge-based resources. By reasonably determining the people's rights to knowledge and other information, the intellectual property system adjusts the interests of the people in the process of their creating and utilizing knowledge and information, encourages innovation and promotes economic and social progress. In the world today, with the deep-going development of the knowledge-based economy and economic globalization, intellectual property is becoming a strategic resource in national development and a core element in international competitiveness, and is an important supporting force in building our country into an innovative one and a key to hold the initiative in development. The international community attaches greater importance to intellectual property as well as innovation. Developed countries regard innovation as the main impetus driving economic development, and make full use of the intellectual property system to maintain their competitive advantages. Developing countries are actively adopting intellectual property policies and measures suitable for their respective national situations to promote their development.
(3) With years of development, China has been gradually improving its system of laws and regulations on intellectual property and incessantly strengthening the enforcement level. In the meanwhile, the intellectual property quantity has increased rapidly and increasing benefits have been achieved. The market subjects have also gradually enhanced their capacity to utilize intellectual property. China has expanded international exchanges in the field of intellectual property and increased its influence on international intellectual property affairs. The establishment and implementation of the intellectual property system have helped regulate China's market order, have stimulated inventions and cultural creations, have promoted China's opening up to the outside world and import of knowledge resources, and have played an important role in China's economic and social development. However, China's intellectual property system is still imperfect. The quality and quantity of independent intellectual property is still unable to satisfy the demands of economic and social development. The public awareness of the importance of intellectual property is comparatively weak. The capability of market subjects to utilize intellectual property is not strong. Infringement of intellectual property is still a serious problem. There are still some cases of abuse of intellectual property. The intellectual property service and bolstering system and formation of team of intellectual property talents lag behind the development of intellectual property. And the role of intellectual property in promoting economic and social development is still not brought into full play.
(4) Implementing the national intellectual property strategy - to greatly promote China's capacity to create, utilize, protect and administer the intellectual property will help improve China's capacity for independent innovation and build China into an innovative country. It will help improve China's socialist market economy, standardize market order and establish a creditworthy society. It will help enhance the market competitiveness of Chinese enterprises and strengthen the core competitiveness of our country. And it will help China's further opening-up to the outside world and realize a win-win situation between China and the rest of the world. We must regard this intellectual property strategy as an important national strategy and effectively step up efforts in the field of intellectual property.
II. Guiding thought and strategic goals
1. Guiding thought
(5) In implementing the national intellectual property strategy, we should follow the guidance of Deng Xiaoping Theory and the important thought of “Three Represents”, comprehensively apply the Scientific Outlook on Development and abide by the policy of encouraging creation, effective application, legal protection and scientific administration. We must concentrate our efforts on improving the intellectual property system, actively create a favorable legal environment, market environment and cultural environment for the development of intellectual property so as to greatly improve China's capacity to create, utilize, protect and administer the intellectual property. This will provide a strong support in building China into an innovative country and an overall well-off society.
2. Strategic Goals
(6) By 2020, we shall build China into a country good at the creation, utilization, protection and administration of intellectual property. The legal environment for intellectual property shall have been further improved. The market subjects shall have made great progress in their capability of creation, utilization, protection and administration of intellectual property. The public awareness of intellectual property shall have been increased greatly. The quality and quantity of the independent intellectual property shall be able to effectively back up China as an innovative country, and the role of the intellectual property system in promoting economic development, cultural prosperity and social progress in China shall become very prominent.
(7) Goals for the next five years:
- The quality of the independent intellectual property will be improved significantly and the quantity of intellectual property will be greater. China will rank among the advanced countries of the world in terms of the annual number of patents for inventions granted to the domestic applicants, while the number of overseas patent applications filed by Chinese applicants should greatly increase. A number of world-famous brands will be fostered. The proportion of the GDP accounted for by the value of core copyright industries will greatly increase. China will own the rights to a number of high-quality new species of plants and high-level layout-designs of integrated circuits. Business secrets, geographical indications, genetic resources, traditional knowledge as well as folk literature and art will be effectively protected and reasonably utilized.
– The benefits from utilizing intellectual property will be increased significantly and the proportion of intellectual property-intensive products shall grow significantly. Enterprises shall make progress in improving their system for managing intellectual property, invest more in the area of intellectual property and significantly improve their capacity to utilize intellectual property in market competition. A number of preponderant enterprises with famous brands, core intellectual property and rich experience in utilizing the intellectual property system will emerge.
– The protection of intellectual property will be significantly improved. Infringement of intellectual property, such as piracy and counterfeiting, shall be significantly reduced. The expenses for protecting intellectual property will decrease sharply and abuse of intellectual property shall be effectively curbed.
– The awareness of the intellectual property in all walks of life, especially among market subjects, will be greatly enhanced and a favorable intellectual property culture shall be formed basically.
III. Strategic Emphases
1. Improving the intellectual property system
(8) Further improving the laws and regulations on intellectual property. We should timely amend the special intellectual property laws, such as the Patent Law, Trademark Law and Copyright Law, and related regulations and accomplish the legislation concerning genetic resources, traditional knowledge, folk literature and art and geographical indications in good time. We should maintain the consistency of intellectual property legislation so as to improve the applicability of laws and regulations. We should improve the intellectual property-related provisions in laws and regulations concerning anti-unfair competition, foreign trade, science and technology and national defense.
(9) Improving the intellectual property law enforcement and administration systems. We should strengthen the construction of the judicial protection and administrative law-enforcement systems, give full play to the leading role of the judicial protection of intellectual property, promote the efficiency and level of law-enforcement and intensify the public services. We should deepen the reform of the intellectual property administration system so as to create a system which matches the powers with responsibilities, divides work in a rational way, fosters scientific decision-making and ensures smooth enforcement and effective supervision.
(10) We should intensify the guiding role of intellectual property in economic, cultural and public policies. We should make more efforts to improve coordination between intellectual property policy and the policies of industry, region, science and technology and trade. We should formulate intellectual property policies suitable for the development of relevant industries so as to promote adjustment and optimization of industrial structures and take measures in line with the different features of regional development so as to improve intellectual property support policy and foster economies suitable to the region and thus promote balanced regional economic development. We should establish an intellectual property working mechanism for important scientific and technological projects, providing follow-up services throughout the entire process with the focus on the acquisition and protection of intellectual property. We should improve the intellectual property policies related to foreign trade. We should establish sound mechanisms for administering intellectual property, pre-warning and emergency response, overseas intellectual property protection and dispute settlement in the foreign trade sector. We should strengthen the coordination and consistency between intellectual property policy and policies of culture, education, scientific research and public health so as to safeguard the right of the public to legally and rationally utilize innovative achievements and information in their cultural, educational, scientific research and public health activities, promote the fair sharing of innovation and information. We should ensure that the government is able to deal with public crises.
2. Promoting the creation and utilization of intellectual property

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