. /.  WORLD TRADE  
ORGANIZATION   
IP/C/W/556 
28 September 2011 
 (11-4702) 
Council for Trade-Related Aspects of 
Intellectual Property Rights Original:   English 
 
 
 
TRANSITIONAL REVIEW MECHANISM OF CHINA 
 
Communication from Japan 
 
 
 By means of a communication from the delegation of Japan, dated 23 September 2011, the Secretariat has received the following contribution in  the context of the transitional review mechanism 
under Section 18 of China's Protocol on Accession.  
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I. TRADEMARKS 
1. We would like to know whether China has a syst em to protect a mark, which a retailer uses in 
its store, as a trademark for service in Class 35 of the Nice classification.  If not, please provide us 
with how such a mark could be protected under th e Chinese trademark system and whether China has 
a plan to protect it as a service mark. 
2. Please let us know whether and how a third part y can access and inspect a file regarding 
trademark-related administrative and judicial decision, such as a trademark examination and trademark opposition. 
II. ENFORCEMENT 
A. P
ROCEDURES AND REMEDIES  
3. Article 43 of the TRIPS Agreement prescribes that  "[t]he judicial authorities shall have the 
authority … to order that … evidence be produced by the opposing party".  We understand that a party can request a Chinese judicial authority to pr ovide documents that a party or its legal council 
before the court cannot acquire by itself becau se of objective reason under the Chinese Civil 
Procedure.  Please provide us with whether the af orementioned documents include documents that an 
opposing party have. 
B. I
NJUNCTION  
4. Please provide us with the Chinese Government 's efforts to dispose counterfeit trademark 
goods, which an authority recognizes as infringing goods, out of the channels of commerce 
effectively, inter alia to ensure not to releas e the goods, from which a trad emark has been simply 
removed, back into the channels of commerce.  Pl ease note that these efforts include not only relevant 
legislation but also detailed administrative efforts,  such as guidelines for officers in charge of this 
disposal. 
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  C. C
RIMINAL PROCEDURES  
5. Please provide us with the way to address, under Chinese laws, a case, where a trademark or 
copyright infringer keeps the amount in question be low a legal threshold for criminal enforcement, 
with an intention to avoid the enforcement by the authority. 
6. Please provide us with the Chinese Government's efforts to prevent recidivist in respect of 
trademark or copyright infringement.  In additi on, while second sentence of Article 61 of TRIPS 
Agreement stipulates that "[remedies] available sh all include imprisonment and/or monetary fines 
sufficient to provide a deterrent," please provide us with a Chinese implementa tion of this sentence in 
respect of recidivist of trademark or copyright infringement. 
III. REGULATIONS OF LICENCE 
7. Articles 24.2, 24.3 and 27 of the Chinese regul ation on technology im port and export impose 
the obligations only on a holder of foreign technology who is a patent licensor of technology import contract (but not on a holder of domestic technolog y), and therefore such measures may be viewed not 
to afford national treatment.  Please provide us w ith Chinese views on the issue of national treatment 
in respect of matters affecting use of patent rights.  If the Chinese Government justifies these 
measures by the enforcement of competition law, pl ease provide us with detailed reasons why such 
obligations are imposed on only a holder of foreign technology categorically. 
8. Please provide us whether the Chinese Government  has authorities to intervene or modify a 
private technology transfer contract in the case wh ere the Chinese Government recognizes that royalty 
rate of the contract is high.  If so, please tell us what kind of authority the Chinese Government has. 
IV. CHINESE INTELLECTUAL PROPERTY PROTECTION ACTION PLAN 
9. The Chinese intellectual property protection acti on plan 2011 states that relevant authorities 
will draft an anti-monopoly guideline for an abuse of intellectual property through a drafting of 
intellectual property protection-rela ted provisions in the Chinese External Trade Law.  Please provide 
us with the current status of the drafting.  Please also provide us with whet her and how this guideline 
is related to the Chinese Anti-Monopoly Law.  Mo reover, please provide us with whether Chinese 
Government has already heard or will hear opinions of relevant stakeholders  through effective ways, 
including the opportunity for public comments. 
10. The Chinese intellectual property protection acti on plan 2011 states that relevant authorities 
will improve the tentative administrative regulatio n regarding legislation and revision of national 
standard related to patents.  Please tell us what kind of improvement is intended. Please also tell us 
when an improved administrative regulation will be published and come into effect. 
V. GOVERMENT PROCUREMENT 
11. In respect of the National Indigenous Innovati on Product Accreditation system in connection 
with government procurement, the Chinese Governme nt once disclosed a system that would give a 
benefit to a product with Chinese patents or Chines e trademarks, and later in April 2010 the Chinese 
Government deleted the provisions related to intellectual property.  We understand that the Chinese 
Government is still working on this matter.  Please provide us with the future plan regarding National 
Indigenous Innovation Product Accreditation system. 
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