Chinese Intellectual Property Rights

Summary

HISTORY AND DEVELOPMENT OF CHINESE INTELLECTUAL PROPERTY LAW

HISTORY OF CHINESE INTELLECTUAL PROPERTY LAW

In China, the accepted definition of intellectual property law is the sum of regulations of social relations connected with intellectual achievements. It is a specific legal system for ensuring, protecting and utilizing copyright, industrial property and other exclusive rights related to intelligence.

The origins of intellectual property law in China may be derived from the Reform Movement of 1898 and attributable to the unequal treaties of the late Qing dynasty. In 1898, Emperor Guangxu formally issued the Regulation for Revitalizing and Rewarding Industrial Techniques, which is the first law for patents in Chinese history. Unfortunately, this law did not come into force. Some unequal treaties with foreign counties were forced followed: there were special articles for protecting foreign intellectual property written into the Sino-British Commercial Treaty of Renewal of Subscription of 1902, the Sino-America Matters Arising Treaty of Commerce and Navigation of 1903 and the Sino-Japan Matters Arising Treaty of Commerce and Navigation of 1903. Thereafter, under trade pressure from foreign powers and the eagerness for prosperity through reform, the Qing feudal government initiated the establishment of a modern regulation system. In 1910, the government issued the Qing Copyright Law, which is the first copyright law in Chinese history, yet the law did not enter into force since the Qing dynasty perished the following year. Even so, the early laws of the Qing dynasty had a big impact on the later legislation of the Provisional Government of The Republic of China, the Beiyang Government and Nationalist Party Government.

After the People's Republic of China was established in 1949, intellectual property legislation was laid aside owing to some complicated reasons. China did not emphasize protecting innovation and wisdom achievements with property law until the Reform and Opening-up Policy carried out in 1979. China issued a succession of intellectual property regulations as follows: the Standing Committee of the National People's Congress (NPC) discussed and adopted the Trademark Law on August 23, 1982 (amended in 1993, 2001 and 2013), the Patent Law on March 12, 1984 (amended in 1992, 2000 and 2008) and the Anti-unfair Competition Law on September 2, 1993.