【2016 IP Summer School】Professor Li Mingde gave a lecture on A Brief on the Intellectual Property System of China
Source: | Author:Institute of intellectual property | Publish time: 2016-07-14 | 861 Views | Share:

IPRI news(reported by Xu Jifei, photoed by Tian Shuangli)

In July 14th, it came the third date of 2016 Xiamen University Intellectual Property Summer School. At 9:00AM, Professor Li Mingde, who holds posts as director of IP centerChinese Academy of Social Sciences and managing vice president of Chinese IP law research society brought the third lecture: A Brief on the Intellectual Property System of China.


At the first beginning, Professor Li introduce the development path of Chinese IP system. Since 1978 when reform policy was exercising, China had made a spur of progress in IP system. In 1982, China made the first trademark law, the first patent law in 1984, and the first copyright law in 1990. Since 1985. China had accessed many important international conventions including Paris Convention, Berne Convention, TRIPs. During thirty years, Chinese IP system develops quickly and the related regulations improve all the time. In order to enter WTO to be in line with international advanced system and to promote Chinas self-innovation and development, three rounds of major change of Chinese IP system had been made.


Then, Professor Li introduced several questions related to Chinese copyright law, patent law, trademark law and unfair competition law. Although papermaking and printing technologies were invented by Chinese, sense of copyright protection was lacking in ancient China. The first Copyright Law was promulgated in 1990, then it was amended in 2001 and 2012. Copyright law emphasizes on protection of expression and originality of authors. Its right nature embodies not only authors personal rights but also property right. Similar to copyright law, there were lots of great inventions in ancient China, however there was not patent protection system. Currently, Patent law protects three types of objects including inventions, utility model and design. Professor Li also introduced issues relate to direct infringement, doctrines of equivalents and joint infringement. In the field of trademark law, any signs indicating resource of products or services could be registered as trademark. Trademark can be classified as product trademark, service trademark, collective trademark and certificate trademarks. Use of same or similar signs in same or similar products and service will be recognized as infringement of trademark.


At the end of the lecture, Professor Li summarized that an advanced IP system should guarantee development of innovation, and the main purpose of current law revision is to promote economic and social development by boosting innovation. This lecture was ended at 12:00. With the furtherance of study, campers have deep understandings of IP laws and their applications.