توسعه مالکیت معنوی در چین

This article traces the history of intellectual property (IP) development in China and demonstrates the evolutionary change before, and especially the revolutionary change after, the Open Door Policy from 1979. This development of the IP system in China is set out in the context of its social, economic and historical roots. The influence of the major international IP treaties to which China has acceded, such as the Paris Convention, Patent Cooperation Treaty, World Trade Organisation, is described. The many IP statutes within China, and their effects, are defined. The article identifies both positive and negative effects of these major changes and stresses the necessity of constant improvements to the current system of IP protection and enforcement for the economic development of China.

Since 1979, when China opened its door to the outside world, economic development has become the most significant focus of the country. Foreign direct investment (FDI) and international technology transfer lie at the heart of Sino-foreign relations. The encouragement of foreign capital, technology and information has extended the reach of multinational enterprises (MNEs). As a result, intellectual property rights (IPR) has been brought to the forefront of the economic development in China. The history of intellectual property (IP) in China indicates that the germination of the concept of IPR in China goes back more than 100 years, but in reality, no effective system of IP protection (IPP) started emerging until a little over two decades ago (Yang, 2002). Since then, an IP structure has been systematically set up in order to meet the needs of economic development. The aim of this article is to reflect the evolutionary change of IP in China before 1979, and the revolutionary establishment of and improvements to systematic IP under the open economy after 1979. The reasons for, and effects of, the changes will also be discussed. The article is structured as follows: 1. Introduction 2. Background: the current IP system of legislation, enforcement and administration 3. Evolutionary changes in the intellectual property system (pre-1979) 4. Revolutionary changes in the intellectual property system (post-1979) 5. Motivations on the formation and improvement of the IP system (post-1979) 6. The effects of the revolutionary changes 7. Conclusions and implications

The study of the revolutionary rather than evolutionary changes of IPP in China revealed two important aspects––the current systematic framework of IPP has been in existence for less than two decades, and its short history has been strongly influenced by historical, economic and cultural underpinning. The open door policy for economic growth since 1979 has necessitated the formation of an IP system in China. Thus, judicial bodies were created, basic laws on IP were promulgated, and different IP administrative bodies were established to oversee the working of the system and to facilitate economic development. Moreover, China ratified different international treaties and conventions to show the world that it wanted to be in step with international IP standards. In the 1990s and the new century, the IP system was further improved by revisions of the IP laws and the foundation of the Special People’s Court for IPP reflecting international developments during the Uruguay Round of GATT and for the WTO entry. The formation of this system has been a revolutionary process in comparison to the evolutionary pattern observed in most developed countries. This study of the dramatic changes in the IP environment in China demonstrates that an IP system of an international standard could provide MNEs and Chinese companies with better opportunities and environment to compete and benefit from this large market. Solid protection of technology, trademark and know-how in China would undoubtedly boost IP right owners’ confidence in technology transfer and licensing. Therefore, constant improvement of the current IP system and enforcement procedures is absolutely crucial to ensure the long term development of the Chinese booming economy.