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Tag: Intellectual Property

2003-12-2

Order of the State Council of the People’s Republic of China
No. 395

The Regulation of the People’s Republic of China on the Customs Protection of Intellectual Property Rights, which was adopted at the 30th executive meeting of the State Council on November 26th, 2003, is hereby promulgated, and shall be implemented on March 1st, 2004.

Wen Jiabao,Premier of the State Council
December 2nd, 2003

Chapter I General Provisions

Article 1 The present Regulation is formulated in accordance with the Customs Law of the People’s Republic of China in order to carry out the customs protection of intellectual property rights, to promote economic and trade contacts as well as scientific, technological and cultural contacts with foreign countries, and to maintain public benefits. continue reading…

2005-4-29

Article 1 With a view to strengthening the administrative protection of the right of communication through information network in Internet information services and regulating the acts of administrative law enforcement, the present Measures are formulated in accordance with the “Copyright Law of the People’s Republic of China” and other relevant laws and administrative regulations.

Article 2 The present Measures shall apply to acts of automatically providing such functions as uploading, storing, linking or searching works, audio or video products or other contents through Internet in Internet information services in light of the instructions of an Internet content provider without editing, modifying or selecting any stored or transmitted content.

The acts of directly providing Internet contents in Internet information services shall be subject to the administration of the Copyright Law. continue reading…

2006-1-10

Chapter I General Provisions

Article 1 The present Measures are formulated according to the Foreign Trade Law of

the People’s Republic of China, the Patent Law of the People’s Republic of China,

the Trademark Law of the People’s Republic of China, and the Copyright Law of the

People’s Republic of China as well as the relevant administrative regulations for

the purpose of intensifying the IPRs protection during exhibitions, safeguarding the

order of the exhibition industry and promoting the sound development thereof.

Article 2 The present Measures shall apply to the protection of relevant patents,

trademarks and copyrights in all kinds of exhibitions, trade fairs, expositions,

commodity fairs and shows concerning the economic and technical trade as held within

the territory of the People’s Republic of China. continue reading…

2006-11-29

Circular of the Ministry of Science and Technology on the Printing and Distribution of the Interim Provisions on Administering Intellectual Property Right in Relation to International Cooperation Projects in Science and Technology
Guo Ke Fa Wai Zi [2006] No. 479

The departments (commissions or bureaus) of each province, autonomous region, municipality directly under the Central Government, city specifically designated in the State plan, sub-provincial city, Science and Technology Bureau of Xinjiang Production and Construction Corps, each ministry and commission under the State Council, and each science and technology administrative department of the institutions directly under the Ministry of Science and Technology.

In order to improve the awareness of protecting intellectual property right and reinforcing the management of intellectual property right in the international cooperation in science and technology is an important task to protect the interests of the state, enhance the ability of independent innovation and safeguard the creative achievements of the Chinese party. For the purpose of delimiting the principles and measures for the settlement and management of intellectual property right problems in relation to the international cooperation projects in science and technology, properly solving the problems in relation to intellectual property right, safeguarding the lawful rights and interests of all parties concerned to the cooperation, promoting the development of international cooperation and exchange in science and technology and accelerating the construction of the national innovative system, the Ministry of Science and Technology constituted the Interim Provisions on Administering Intellectual Property Right in Relation to International Cooperation Projects in Science and Technology. They are hereby printed and distributed to you, please earnestly comply with and implement them. continue reading…

2006-12-29
(Adopted at the 25th meeting of the Standing Committee of the 10th NPC of the PRC on December 29, 2006)

It is decided at the 25th meeting of the Standing Committee of the 10th NPC to accede to the WIPO Copyright Treaty, which was adopted at the diplomatic conference on copyrights and neighboring rights in Geneva, Switzerland on December 20, 1996. And a declaration is simultaneously made that the WIPO Copyright Treaty does not apply to Hong Kong SAR and Macao SAR of the PRC before the government of the PRC issues a separate notice.

The Standing Committee of the NPC of the PRC 2006-12-29 continue reading…

2007-12-20

These Regulations on Administration of Internet-based Audio-Video Program Services have been promulgated upon approval by the State Administration of Radio, Film and Television and the Ministry of Information Industry of the People  Republic of China and shall take effect as of January 31, 2008.

Wang Taihua
Director, State Administration of Radio, Film and Television
Wang Xudong
Minister, Ministry of Information Industry of the People  Republic of China
December 20, 2007

Article 1 These Regulations are enacted in accordance with concerned government regulations with a view to safeguarding state and public interests, protecting lawful rights and interests of both the public and Internet-based audio-video program service providers, regulating Internet-based audio-video program services and promoting healthy and orderly development.

Article 2 These Regulations are applicable to the public provision of Internet-based (including the Mobile Internet) audio-video program services within the territory of the People  Republic of China. continue reading…

2004-12-28

Decree of the State Council of the People’s Republic of China
No. 429

Copyright Collective Management Regulations were adopted by 74th Standing Conference of the State Council on December 22, 2004. The regulations are hereby promulgated and implemented as of March 1, 2005.

Minister of the State Council Wen Jiabao
December 28, 2004

Chapter I General Principles

Article 1 These regulations are formulated in accordance with the Copyright Law of the People’s Republic of China (hereinafter referred to as “Copyright Law”) for the purposes of regulating copyright collective management activities, being convenient for the author and obligee relating to copyright (hereinafter referred to as “obligee”) to use rights and for the users to use works.

Article 2 Copyright collective management in terms of these regulations means following activities of performing their rights on behalf of their own name carried out by copyright collective management organizations authorized by the obligee. continue reading…

By Mr.WANG QISHAN,Vice Premier of China
June 17, 2008

Prior to this week’s fourth round of Strategic Economic Dialogue talks with the U.S., the Chinese government unveiled the Outline of National Intellectual Property Rights — a new strategy to tackle the many issues surrounding IPR. This new strategy will improve IPR protection in China and attract greater intellectual resources from abroad.

Moreover, the implementation of this strategy — a milestone in the institution of China’s IPR regime — will boost innovation at home and turn China’s abundant human resources into intellectual resources, having a positive and far-reaching impact on economic and social development in China. continue reading…

(Issued by the State Council of the People’s Republic of China on June 5, 2008)

This Outline is formulated for the purpose of improving China’s capacity to create, utilize, protect and administer intellectual property, making China an innovative country and attaining the goal of building a moderately prosperous society in all respects.

I. Preface

(1) Since the reform and opening up policy was introduced, China has maintained a sustainable and rapid economic and social development, and has made advances in science and technology and cultural creations, while the capacity for innovation has been constantly improved, and knowledge is playing an increasingly prominent role in China’s continue reading…