China’s annual plenary sessions, “Two Sessions”, of the National People’s Congress (NPC) and the Chinese People’s Political Consultative Conference kicked off on March 5. Under the constitution, the NPC is the highest organ of state power in China. Some intellectual property-related bills and proposals have been submitted by the NPC Deputies.
Deputy Ma Yide
Professor, School of Intellectual Property, University of Chinese Academy of Sciences
Deputy Ma Yide puts forward a bill on even greater legislative efforts to secure the protection of data and privacy, where Copyright Law and Patent Law don’t fully apply.
Deputy Dong Mingzhu
Chairman of Gree Electric Appliances Inc. of Zhuhai
Deputy Dong Mingzhu puts forward a bill on the establishment of a stand-alone national intellectual property court in China.
Deputy Zhou Yunjie
Chairman of the Board and CEO of Haier Group
Deputy Zhou Yujie puts forward a proposal over legal conceptualization and recognition of data an object of property and correspondingly greater legislative efforts to secure its protection.
Deputy Geng Funeng
Chairman of the Board of Sichuan Good Doctor Pharmaceutical Industry Group Co., Ltd.
Deputy Geng Funeng puts forward a proposal over the formation of a blacklist of bad faith trademark squatters and applying punitive damages to more cases.
Deputy Hu Chengzhong
Chairman of the Board of Delixi Group
Deputy Hu Chengzhong puts forward a bill on the formation of a blacklist of bad faith trademark squatters and a system of public notification and referrals of the trademark squatters on the blacklist.
Deputy Li Xiaolin
Chairman of the Board of Beijing Linda Investment Group Co., Ltd.
Deputy Li Xiaolin puts forward a bill on the creation of a dedicated unit to fight unfair competition practices under the State Administration of Market Regulation (SAMR).
Deputy Li Jie
Chairman of the Board of Wuhan Humanwell Hi-tech Ind. Co., Ltd.
Deputy Li Jie puts forward a proposal over better enforcement and protection of the IPs of original drugs. The only applicable regulation in this respect is the Meansures of the Implementation of Pharmaceutical Test Data Protection (Exposure Draft) (《药品试验数据保护实施办法(暂行)(征求意见稿)》) effective in April, 2018. Deputy Li also proposes that more incentive measures be administered for generic drugs which first successfully challenge patents to be first marketed. FDA considers first generics to be important to public health, and prioritizes review of these submissions.
Deputy Wang Liping
Chairman of the Board of Guangbo Group
Deputy Wang Liping puts forward a proposal over the crackdown on malicious litigation and sham litigation.
Deputy Zhang Tianren
Chairman of the Board of Tianneng Battery Group Co., Ltd.
Deputy Zhang Tianren puts forward a proposal over greater legislative efforts and a full policy framework for the development of the country's IP financing system.
Deputy Fan Qingfeng
Vice President of Shenzhen High-Tech Investment Co., Ltd.
Deputy Fan Qiangfeng puts forward a proposal over the promotion of the company’s experience developing IP securitization products.
Deputy Yuan Yuyu
Chairman of Medprin Regenerative Medical Technologies Co., Ltd.
Deputy Li Xiaolin puts forward a proposal over more IP litigation insurance products to be developed for Chinese companie with a presence on overseas markets. IP litigation insurance allows the financial burden and risks associated with IP litigation to be shared or transferred.
Deputy Miao Zhenlin
Director of Technology R&D Center, Xiangneng Hualei Optoelectronic Co., Ltd.
Deputy Li Xiaolin puts forward a proposal over the establishment of a ranking system of IP credit.
The full text is available here.
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