WORLD TRADE  
ORGANIZATION  IP/C/W/525 
24 October 2008 
 
 (08-5144) 
Council for Trade-Related Aspects  
of Intellectual Property Rights Original:   English 
 
 
 
TRANSITIONAL REVIEW MECHANISM OF CHINA 
 
Communication from China  
 
 
 The following communication, dated 21 Oc tober 2008, from the Delegation of China, 
providing information specified in Annex 1A of its Protocol of Accession, is being circulated in the 
context of the transitional review mech anism under Section 18 of that Protocol. 
 
 
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(a) Modifications to the Copyright Law, Trademark Law and Patent Law, relevant 
implementing rules that cover all areas included in the TRIPS Agreement and bring 
these measures into full conformity with the TRIPS Agreement, as well as protections to 
undisclosed information. 
 On 5 June 2008, the State Council issued the Circular of the  State Council on Issuing of the 
Outline of the National Intellectual Property Strategy , which identified guidelines, strategic goals, 
strategic priorities, specific tasks and strategic meas ures of the national intellectual property strategy. 
1. Trademark  
 On 18 February 2008, the Supreme People's C ourt issued the Regulation on Certain Issues in 
Trial of the Conflicts between Registered Trademar ks, Enterprise Names and Prior Rights in Civil 
Litigations, which comes into force on 1 March 2008. 
2. Patent 
 On 5 August 2008, the State Council submitted the Draft of the Amendment on the Patent 
Law of the People’s Republic of China  to the Standing Committee of the National People’s Congress 
for deliberation. 
 On 25 August 2008, the State Intellectual Property Office issued the Measures for the 
Implementation of Patent Agents Qualification Examination and the Rules for Patent Agents 
Qualification Examination. Both co me into effect on 1 October 2008. 
3. Customs Protection 
 In January 2007, the General Admi nistration of Customs issued the Customs’ Administrative 
Measures on Enterprises Classification , which takes into consideration enterprises’ IPR violation 
records in classification. IP/C/W/525 
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  4. Other 
 On 25 December 2007, the Ministry of Agriculture issued the Administrative Measures on the 
Geographical Indications of the Agricultural Products , which comes into force on 1 February 2008. 
 On 25 August 2007, the Minist ry of Agriculture issued the Detailed Rules for Implementation 
of the Regulations on the Protection of New Varieties of Plants (the Part of the Agriculture), which 
comes into effect on 1 January 2008.   
(b)  As stated in the report, China is strengthening law enforcement in respect of IPR by 
way of more effective administrative penalties.  
 From 2007-2008, while strengthening IPR law enforcement, China continued to carry out 
dedicated campaigns with good results.  
• Ten agencies, including the National Office fo r Fighting against Pornography, Illegal 
Publications and Piracy, the Publicity De partment of the CPC and culture, public 
securities authorities, jointly launched a Fight Piracy Every Day  campaign.  
• The National Office for Fighting against Pornogr aphy, Illegal Publications and Piracy, the 
Ministry of Public Security, the Ministry of Construction, the Ministry of Culture, the General Administration of Press and Publi cation, and the State Administration for 
Industry and Commerce jointly cracked down on street vendors of pirate goods and 
illegal publications and sales of unlicensed businesses.  
• The State Copyright Bureau and public security and telecommunications authorities 
launched a campaign to combat internet infringement and piracy.  
• The Ministry of Commerce and the State Bureau of Industry & Commerce, together with 
IPR bureaus, continued actions under the Blue Sky Special Operation  with regard to trade 
exhibitions.  
• The State Copyright Bureau carried out a nationwide operation against pre-installed 
illegal computer software, actively advanced th e building of copyright digital supervision 
platform and established the State Copyright Bureau Anti-piracy Centre .  
• The Ministry of Culture clamped down on street vendors of pirate goods and illegal 
publications and sales of unlicensed busin esses and launched the Internet Purification 
Action focusing on Internet games and on-line mu sic market.  It also designated 26 April 
as the day for destroying illegal audio and video goods.  
• The Ministry of Agriculture conducted geogr aphical indications registration for agro-
products and continued to crack cases of im itating authorised varieties and infringement 
on varieties rights.  
5. Statistics of IPRs Enforcement 
• In 2007, public security authorities across the country cracked 2008 IPR-violating cases 
which involved 1.49 billion RMB. 
• In 2007, procuratorial organs arrested 2,17 4 IPR-violating suspects in 1,256 cases and 
prosecuted 2,637 IPR-violating suspects in 1,525 cases.   IP/C/W/525 
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  • In 2007, local courts across the country ruled on 2,684 IPR-violating criminal cases.  
Court ruling became effective for 4,328 people, among whom 4,322 were found guilty.  
• In 2007,copyright administrative agencies at all levels imposed 9,816 administrative 
punishments, confiscated 75.69 million pirate goods. 
• In 2007, industry and commerce administrators  at all levels investigated and handled 
50,318 cases of trademark violations. 
• In 2007, IPR Bureaus across the country accepte d 986 patent disputes, investigated and 
handled 32 cases of imitated patent and 681 cases of counterfeited patent. 
• In 2007, nationwide culture administrative au thorities at all levels investigated and 
handled 20,657 cases of IPR infringement a nd confiscated 108 million illegal audio and 
video discs. 
• In 2007, the Customs intercepted 7,456 batche s of IPR-violating goods worth 440 million 
RMB. 
 
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