At the end of 2008, China is busy reminiscing over her 30-year reform and opening- up period. During this time, individual fates rose and fell under a backdrop of historical changes. The Patent Office of China, established at the beginning of the reform period, gathered China’s first intellectual property professionals, who witnessed the birth of the nation’s patent system. They experienced the difficulties that had existed before the publishing of the Patent Law, and also tasted the joy of rapidly increasing patent applications subsequent to the passing of that law. Their fates are closely connected with China’s 30-year intellectual property cause.
Along with improvements in law-making came advances in trial practice. From the difficulties in handling the copyright case involving Pu Yi, China’s last emperor, to the annual acceptance of 20,000 lawsuits, intellectual property judges have witnessed judicial progress throughout the years. The establishment of special intellectual property courts within the existing courts at various levels has made the role of an IP judge a profession, who must both handle trials and face international scrutiny and challenges.
IP development inevitably gave rise to prosperity in trademark and patent registration. More than 700,000 trademark applications were filed last year, ranking first in the world for six years. By the end of 2007, the total number of patent applications from home and abroad had jumped from 3 million to 4 million within a year and a half. As applications increased, various IP agencies thrived. In the early 1990s, these agencies were in the form of government institutions, and then privately-run firms were allowed. In more than a dozen years, the number of firms soared. An online search of the website for the Trademark Office of the State Administration for Industry & Commerce showed that presently China has 3,961 agencies for trademark alone.
Those agency founders grasped the opportunities brought by change and grew strong rapidly. Behind their far-sightedness and courage lay many hardships faced by those starting such a business. Pushed by the trend of intellectual property globalization, many foreigners also joined intellectual property in China and made their contribution.
This issue, through the eyes of several witnesses, presents a review of China’s 30 years of intellectual property development.
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