Identifier
Created
Classification
Origin
09BEIJING2013
2009-07-16 07:00:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Embassy Beijing
Cable title:
STATE INTELLECTUAL PROPERTY OFFICE MINISTER DISCUSSES CHINA
how-toVZCZCXRO8740 RR RUEHCN RUEHGH RUEHVC DE RUEHBJ #2013 1970700 ZNR UUUUU ZZH R 160700Z JUL 09 FM AMEMBASSY BEIJING TO RUEHC/SECSTATE WASHDC 5211 RUEHOO/CHINA POSTS COLLECTIVE RUEHKO/AMEMBASSY TOKYO 2687 RUEHUL/AMEMBASSY SEOUL 1317 RUCPDOC/DEPT OF COMMERCE WASHDC
UNCLAS BEIJING 002013
SENSITIVE
SIPDIS
State Pass USTR China office - AWinter; IPR Office - RBae
Commerce for MAC
State Pass USPTO
E.O. 12958 N/A
TAGS: ETRD KIPR ECON PGOV CH
SUBJECT: STATE INTELLECTUAL PROPERTY OFFICE MINISTER DISCUSSES CHINA
IPR ISSUES
UNCLAS BEIJING 002013
SENSITIVE
SIPDIS
State Pass USTR China office - AWinter; IPR Office - RBae
Commerce for MAC
State Pass USPTO
E.O. 12958 N/A
TAGS: ETRD KIPR ECON PGOV CH
SUBJECT: STATE INTELLECTUAL PROPERTY OFFICE MINISTER DISCUSSES CHINA
IPR ISSUES
1. (SBU) Summary. The State Intellectual Property Office (SIPO)
will be playing a broader role in all matters relating to IPR in the
upcoming Joint Commission on Commerce and Trade (JCCT) according to
SIPO's Commissioner. The Ministry of Commerce will still coordinate
China's overall JCCT participation. The Commissioner stated China's
recently developed a National IPR Strategy which will serve as a
pillar of continued economic growth. Provisions for compulsory
licensing in China's newly amended patent law follow international
convention and should not be cause for concern. End Summary.
2. (SBU) SIPO will be playing a more extensive role in all issues
relating to IPR during the upcoming JCCT, SIPO Commissioner Tian
LiPu told Deputy USTR Demetrios Marantis during a July 14 meeting.
Tian explained that Vice Premier Wu Yi used to coordinate the eight
different agencies or ministries responsible for IPR issues in the
JCCT but, currently, no State Council representative fills that
role. As a result, SIPO will coordinate. MOFCOM will still be
responsible for overall JCCT coordination, he emphasized. Tian
further explained China had recently launched an inter-ministry IPR
commission which he will lead that consists of 28 different agencies
or ministries.
3. (SBU) SIPO's primary function is patent examination, he
continued. By the end of 2009, his Ministry will have over 9,000
employees. Internationally, "only the U.S. Patent and Trade Office
is bigger," Tian joked.
China's National IPR Strategy
--------------
4. (SBU) The Chinese government in 2008 unveiled its National IPR
Strategy which will serve as one of the pillars to China's continued
economic growth, Tian boasted. Consisting of both a five-year plan
and explicit goals to achieve by 2020, Tian said the plan does not
rely solely on governmental regulation. Rather, it seeks to involve
industry and Chinese consumers in tamping down on IPR violations.
Asked about the five-year plan, Tian said China would seek to
improve IPR legislation, bolster enforcement, and raise the public's
awareness on the importance of IPR protection. Regarding public
awareness, Tian cited a recent study by Tsinghua University in which
only 0.7% of Chinese consumers polled were able to define the word
"copyright." "We've got a lot of work to do," Tian laughed.
The Amended Patent Law
--------------
5. (SBU) Tian said the State Council had recently passed a newly
revised patent law that will come into effect October 1. According
to Tian, the public, interested parties and even foreign governments
and industry were invited to comment on the proposed revisions
during the public comment period. "We were fully transparent," he
said. Currently, his Ministry is working on the implementing
regulations for the revised law which he also hopes the State
Council will promulgate by October 1.
6. (SBU) Asked about the provision for compulsory licensing of
patents within the new law, Tian explained the provision follows
international standards as outlined in the Paris Convention and uses
the same legal terms as patent laws in the U.S. or E.U. Compulsory
licensing provisions have been contained in China's patent law
dating back to 1985 but have never been invoked. Despite the
revisions to the law, the guidelines published in 2006 with regards
to compulsory licensing will remain the same, he said. Industry has
no need to worry about those provisions, Tian opined.
Copyright Law Amendments - Maybe 2010?
--------------
7. (SBU) Regarding timing for revision of the copyright law, Tian
stated it is in the "pre-legislation" stage. The relevant parties
are in the process of collecting information and studying the best
way to revise the law. In order to get it amended, however, it
needs to be on the State Counsel Legislative Affairs Office
calendar, he explained. Tian predicted this would happen in 2010.
8. (SBU) Asked about whether SIPO would have a role in the State
Administration of Industry and Commerce (SAIC) abuse of dominance
investigations involving possible anti-competitive effects of
parties' IPR use, Tian stated IPR cases are not covered by China's
new Anti-Monopoly Law as IPR is itself a kind of monopoly. SIPO
would have jurisdiction over any such cases.
9. (U) Ambassador Marantis has cleared this cable.
SENSITIVE
SIPDIS
State Pass USTR China office - AWinter; IPR Office - RBae
Commerce for MAC
State Pass USPTO
E.O. 12958 N/A
TAGS: ETRD KIPR ECON PGOV CH
SUBJECT: STATE INTELLECTUAL PROPERTY OFFICE MINISTER DISCUSSES CHINA
IPR ISSUES
1. (SBU) Summary. The State Intellectual Property Office (SIPO)
will be playing a broader role in all matters relating to IPR in the
upcoming Joint Commission on Commerce and Trade (JCCT) according to
SIPO's Commissioner. The Ministry of Commerce will still coordinate
China's overall JCCT participation. The Commissioner stated China's
recently developed a National IPR Strategy which will serve as a
pillar of continued economic growth. Provisions for compulsory
licensing in China's newly amended patent law follow international
convention and should not be cause for concern. End Summary.
2. (SBU) SIPO will be playing a more extensive role in all issues
relating to IPR during the upcoming JCCT, SIPO Commissioner Tian
LiPu told Deputy USTR Demetrios Marantis during a July 14 meeting.
Tian explained that Vice Premier Wu Yi used to coordinate the eight
different agencies or ministries responsible for IPR issues in the
JCCT but, currently, no State Council representative fills that
role. As a result, SIPO will coordinate. MOFCOM will still be
responsible for overall JCCT coordination, he emphasized. Tian
further explained China had recently launched an inter-ministry IPR
commission which he will lead that consists of 28 different agencies
or ministries.
3. (SBU) SIPO's primary function is patent examination, he
continued. By the end of 2009, his Ministry will have over 9,000
employees. Internationally, "only the U.S. Patent and Trade Office
is bigger," Tian joked.
China's National IPR Strategy
--------------
4. (SBU) The Chinese government in 2008 unveiled its National IPR
Strategy which will serve as one of the pillars to China's continued
economic growth, Tian boasted. Consisting of both a five-year plan
and explicit goals to achieve by 2020, Tian said the plan does not
rely solely on governmental regulation. Rather, it seeks to involve
industry and Chinese consumers in tamping down on IPR violations.
Asked about the five-year plan, Tian said China would seek to
improve IPR legislation, bolster enforcement, and raise the public's
awareness on the importance of IPR protection. Regarding public
awareness, Tian cited a recent study by Tsinghua University in which
only 0.7% of Chinese consumers polled were able to define the word
"copyright." "We've got a lot of work to do," Tian laughed.
The Amended Patent Law
--------------
5. (SBU) Tian said the State Council had recently passed a newly
revised patent law that will come into effect October 1. According
to Tian, the public, interested parties and even foreign governments
and industry were invited to comment on the proposed revisions
during the public comment period. "We were fully transparent," he
said. Currently, his Ministry is working on the implementing
regulations for the revised law which he also hopes the State
Council will promulgate by October 1.
6. (SBU) Asked about the provision for compulsory licensing of
patents within the new law, Tian explained the provision follows
international standards as outlined in the Paris Convention and uses
the same legal terms as patent laws in the U.S. or E.U. Compulsory
licensing provisions have been contained in China's patent law
dating back to 1985 but have never been invoked. Despite the
revisions to the law, the guidelines published in 2006 with regards
to compulsory licensing will remain the same, he said. Industry has
no need to worry about those provisions, Tian opined.
Copyright Law Amendments - Maybe 2010?
--------------
7. (SBU) Regarding timing for revision of the copyright law, Tian
stated it is in the "pre-legislation" stage. The relevant parties
are in the process of collecting information and studying the best
way to revise the law. In order to get it amended, however, it
needs to be on the State Counsel Legislative Affairs Office
calendar, he explained. Tian predicted this would happen in 2010.
8. (SBU) Asked about whether SIPO would have a role in the State
Administration of Industry and Commerce (SAIC) abuse of dominance
investigations involving possible anti-competitive effects of
parties' IPR use, Tian stated IPR cases are not covered by China's
new Anti-Monopoly Law as IPR is itself a kind of monopoly. SIPO
would have jurisdiction over any such cases.
9. (U) Ambassador Marantis has cleared this cable.