. /.  WORLD TRADE  
ORGANIZATION  IP/C/W/460 
11 November 2005 
 (05-5310) 
Council for Trade-Related Aspects 
of Intellectual Property Rights Original:   English 
 
 
 
TRANSITIONAL REVIEW MECHANISM OF CHINA 
 
Communication from China  
 
 
 The following communication, dated 24 Oct ober 2005, from the Delegation of the People's 
Republic of China, providing information specified  in Annex 1A to its Protocol on Accession, is 
being circulated in the context of the transitional review mechanism under Section 18 of that Protocol. 
It was circulated as an advance copy for the Council's October 2005 meeting. 
 
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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. 
 
1. Copyright 
On 28 December 2004, the State Council issued the Regulations on Copyright Collective 
Administration,  which was brought into effect on 1 Marc h 2005.  The newly issued regulation will 
regulate the collective administration activity of Copyright, promote the development of China’s 
collective administration organization of copyright and greatly contribute to the protection of the copyright of its holder in China. 
 On 30 April 2005, the National Copyright Administration of China and the Ministry of 
Information Industry jointly promulgated the Measures on Administrative Copyright Protection on 
Internet, which was brought into effect on 30 May 2005.  Those measures have further regulated the 
spread of works on the Internet and upgrad ed the copyright protection on Internet. 
 
2. Trademarks 
On 20 October 2004, the State Council promulgated the Regulations on Protection of the 
World Exposition Symbols. 
 
On 19 August 2004, the State Administration of Industry and Commerce promulgated the 
Measures on the Printing and Manufacturing of Trademark.  
 3. Patents 
On 12 February 2004, the State Intellectual Property Office (SIPO) formulated the Rules on 
the Electronic Patent Application , which was brought into effect on 12 March 2004. IP/C/W/460 
Page 2  
 
 (b) As stated in the report, China is strengtheni ng law enforcement in respect of IPR by way 
of more effective administrative penalties. 
 
The statistics show that 51,851 trademar k law-breaking cases of various kinds were 
investigated and dealt with across China in the year of 2004, while 11,680 of which are general  
law-breaking cases, 40,171 were trademark-infringeme nt and counterfeiting cases.  In addition, 5,494 
out of the total trademark law-breaking cases involve  a foreign party or factor.  During the same 
period, 38,951,800 pieces/sets of illegal marks were seized and dest royed, with 280,800 moulds, 
printing plates and other tools directly used in th e trademark infringement c onfiscated, 5,638.53 tons 
of infringed products destroyed, up to RMB 268 million fine imposed and 96 cases involving 82 
persons transferred to the judicial procedures. 
 
Press publication, culture, copyright and pub lic security authorities have inspected and 
confiscated 167 million illegal audio and video products a nd pirate copies, dest royed 24 illegal CD 
production lines and outlawed 2,960 hideout s of illegal printing and production. 
 
In 2004, 1,414 patent dispute cases were accep ted by patent administrative authorities across 
the country, 1,181 were concluded.  
In August 2004, the State Council carried out one year nationwide special action of IPR 
protection, which will be further extended to the end of 2005 upon a decision made in early of 2005. 
The public security authorities have launched an  operation, focusing on combating the infringement 
of the exclusive rights to use trademarks as well.  By the end of July of 2005, the public security 
authorities across China have received 2,054 cases of  IP infringement cases, of which 1,804 cases 
were closed and have apprehended 3,667 suspects with a total value concerned of RMB1.33 billion 
and the redemptive economic losses up to RMB 420 million.  
General Administration of Customs has further enhanced the supervision and punishment on 
IP infringement as well, with the establishment of its  special internal institutions for intellectual 
property right protection.  By the end of July 2005,  a total of 1,178 intellectual property infringement 
cases with value concerned up to RMB91.25 million we re investigated by the customs offices across 
China.  
 
 
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