. /.  
 WORLD TRADE  
ORGANIZATION  IP/C/W/436 
29 November 2004 
 
 (04-5188) 
Council for Trade-Related Aspects 
of Intellectual Property Rights Original:   English 
 
 
 
TRANSITIONAL REVIEW MECHANISM OF CHINA 
 
Communication from China  
 
 
 The following communication, dated 26 Novemb er 2004, 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. 
 
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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 24 July 2003, the National Copyright Administration of China promulgated the revised 
Implementing Rules on Administrative Punishment on Copyright, which was brought into effect on 
1 September 2003.  The newly revised measures have  further improved the copyright administrative 
enforcement, ensured copyright administrative enfo rcement procedure and disciplined administrative 
enforcement actions. 
2. Trademark 
In April 2002, the State Council promulgated the Regulations on Protection of the Olympic 
Symbols,  which strengthened protection of the rights of Olympic symbols holders. 
3. Patents 
In 2003, the State Intellectual Property Office (SIPO) formulated the Measures on 
Compulsory Licensing of Patents and Measures on the Administration of Patent Agency . 
4. Customs Protection 
In 2003, the State Council issued newly revised Regulations on Customs Protection of 
Intellectual Property Rights , which further strengthened the borde r protection of intellectual property 
rights. IP/C/W/436 
Page 2  
 
(b) As stated in the report, China is strengthening law enforcement in respect of IPR by way 
of more effective administrative penalties. 
 
China has always attached great importance to  the enforcement of IPR protection and has 
taken substantive measures to further enhance the enforcement of the IPR laws.  The local level 
governments have fully realized the positive eff ects of IPR protection on the development of 
economy, abolished local protectionism and taken effective measures in joint operations to crack 
down upon IPR infringement  and counterfeiting. 
 Statistics show that 37,489 trademark violatio n cases of various kinds were investigated and 
dealt with across the country in 2003, among whic h 26,488 were related to trademark-infringement 
and counterfeiting. 84,755,000 pieces/sets of illega l marks were seized a nd destroyed.  15,597 
moulds, printing plates and other tools directly used  in the trademark infringement were confiscated.  
5,754.92 tons of infringed products were destroye d.  The fine imposed amounted to RMB 242 million. 
 In 2003, the intellectual property offices at all levels received 1,517 patent disputes cases, of 
which 1,237 cases were concluded.  The local co pyright administrations across the country heard 
23,013 cases, nearly 2.6 times increase over 2002.  Among them, 22,429 cases, 97.6% of all, were 
concluded.  Of all the cases, 21,032 were subject to administrative penalty, 1,173 were mediated and 
224 cases were transferred to the judicial proce dures.  67.97 million pieces of pirate copies were 
confiscated.  
A total of 756 IPR infringement cases worth RM B 67.97 million were investigated and solved 
by the customs offices across China, representing a 76% increase over the last year.  The public 
security authorities across China have handled 3, 162 cases of IPR infringement cases, apprehending 
5,004 suspects.  The Supreme People's Court has received 401 cases of IPR infringement cases 
involving criminal punishment, of which 399 cases we re closed and 551 persons were sentenced. 
  
To achieve more concert results in China's IP R protection, the State Council has decided that 
through September 2004 to August 2005, under th e leadership of the National IPR Protection 
Working Group, an ad hoc action on IPR protection is to be carried out nationwide.  In this action, 
emphasis is to be put on the "key areas", "key sections" and "key regions" to strengthen overall IPR 
protection. "Key areas" refer to the protection of the Trademark Right, Copyright and Patent Right; 
"key sections" refers to imports and exports, e xhibitions and wholesale markets, manufacturing for 
foreign brands, printing and duplications; "Key region s" refer to the regions with high concentration 
of counterfeit production and sale.  Cases of partic ular concerns to IPR holders as well as the ones 
with serious consequences will be addressed with sp ecial attention and stringent measures have been 
taken to crack down the violation of IPR protection laws. 
 
 
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