Pudong sets a high standard for intellectual property rights and services
Print Edition
After taking the lead in establishing an independent intellectual property bureau in 2015, the Pudong New Area in Shanghai has been a national leader in reforming the protective structures for intellectual property rights over the past six years.
It is in line with the words of Li Qiang, Party secretary of Shanghai, who emphasized in April last year at World Intellectual Property Day the importance of building the city into an international leader in intellectual property.
Pudong’s strategic emerging industries have developed rapidly with the in-depth implementation of two national strategies, creation of the Shanghai Pilot Free Trade Zone and the Science and Technology Innovation Center.
A bunch of outstanding enterprises, such as Commercial Aircraft Corporation of China (COMAC), Guojian Pharmaceutical, Shanghai MicroPort Medical and Shanghai Micro Electronics Equipment Group have taken root in Pudong and have played a tangible role in creating more advanced patents.
To further consolidate the district’s leading role in intellectual property, the China (Pudong) Intellectual Property Protection Center started operating in February, 2018. It provides quick review, verification and rights protection services and is now a national-level IP platform.
Verification simplified
The center helps to simplify the authorization process, and has shortened the authorization period for invention patents from three years to three months, for practical patents from eight months to one month, and design patents from six months to one week.
The fast patent authorization service has been expanded to cover the areas of high-end equipment, bio-medicine and information technology.
A prior, professional and effective patent reviewing system was jointly created by the center and the State Intellectual Property Office. The center also offers a “fast track” service for high-quality enterprises with strong innovation power and good reputation.
In addition, the center has established a “one-to-one” tutoring system for key enterprises, and provides patent analysis and guidance services for entities involved in national strategies such as COMAC.
For the protection of IPR, the center has also enhanced cooperation with Pudong justice authorities. It has developed a circuit trial mechanism for IP cases with the Shanghai Intellectual Property Court, and launched a circuit trial in the Pudong IPR protection center.
It also has cooperated with Shanghai Intellectual Property Court, Pudong’s court and procuratorate to set up a “judge studio” and a “procurator office.”
Pudong people’s court issued 10 measures on July 28 this year to turn the district into a highland of judicial protection for IPR.
It will implement the strictest intellectual property rights protection measures and increase penalties for IPR infringement, said Xu Jun, chief judge of the court.
Pudong will also cooperate with the World Intellectual Property Organization’s Shanghai arbitration and mediation service to promote the new area’s participation in international cooperation and competition in the field of IPR.
To achieve this, the court will defend the legal rights of citizens, standardize market order, severely punish IPR criminal offenders, and do mediation in cases involving foreign affairs.
Furthermore, a dispute resolving mechanism has been established by the center to realize a “three-mediation linkage” circle involving administrative mediation, judicial mediation, and third-party mediation led by the people’s mediation.
Great achievements have been made since the center was established.
There have been remarkable fruits in supporting start-ups. The period from application to authorization of invention patents, utility model patents and design patents has been greatly shortened through the center’s fast patent examining process.
For example, the center provided pre-assessment services for OrigiMed’s core patents for “tumor sequencing technology,” reducing the authorization period from three years to 70 days.
And, the protective ability of IPR has been significantly improved.
IPR awareness enhanced
By building an efficient connection between local courts and procuratorates, the center not only provides convenience for enterprises and reduces the cost of rights protection, but also further enhances public awareness of IPR protection.
The center joined the Shanghai Fair, Beauty Expo and other important exhibitions to provide intellectual property consulting services for companies. Among them, 26 appeals from internationally renowned cosmetics exhibitors, including L’Oréal, were accepted and 20 disputes were defused on the spot.
In addition, the center helps enterprises in Pudong to improve their rights protection abilities overseas. It has cooperated with the China Council for the Promotion of International Trade by establishing a facility to provide consultative services for companies which need overseas rights protection.
The senior expert group of the World Intellectual Property Organization believes that Pudong, the window of reform and opening-up as well as the epitome of socialist modernization, has taken the lead in building a good IPR protection environment and provided a tangible example of how-to-do-it for countries in the Asia-Pacific region.
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