China Intellectual Property Agreement
Of course, this article will only focus on Chapters 1 and 2 relating to intellectual property. The articles in Chapters 1 and 2 will radically change China`s IP legislation, which transposes US IP practice into Chinese law in an unprecedented way. (My comments are underlined.) In addition to important trademark, copyright and patent laws, other laws and regulations dealing with intellectual property issues have been adopted. In 1986, the general principles of civil law were adopted in order to protect the civil rights and legitimate interests of citizens and legal persons and to properly regulate civil relations. Articles 94 to 97 of the General Principles of Civil Law deal with the intellectual property rights of Chinese citizens and legal persons. [Citation required] The proposed changes to China`s patent law are also aimed at relaxing the conditions for entry into the Chinese market. For example, Chinese law currently requires that drug prices in China be lower than in other countries. In combination with full generic drug competition under current Chinese law, U.S. drug manufacturers are prevented from marketing their drugs in China. However, with the expected changes to the deal, there is expected to be an influx of drug manufacturers from the United States that provide China`s patent protection and market their drugs in China. Since U.S.
manufacturers can rely on additional data to prove their patentability, U.S. producers can file patents in China containing the same supporting documents they have already used in the U.S. In addition, the planned imposition of restrictions on generic drug competition will make it easier for U.S. pharmaceutical companies to accept the reduction in drug prices imposed by Chinese law. In recent years, China has begun to set up specialized intellectual property courts to resolve disputes more effectively. These courts have many similarities with specialized IP courts in other parts of the world, such as the Intellectual High Court in Japan, as they focus on developing expertise in a highly technical legal field. In August 2014, the National People`s Congress announced a decision to pilot 3 specialized intellectual property courts in Beijing, Shanghai and Guangzhou.  In October 2014, the Supreme People`s Court provided additional regulatory guidance on jurisdiction over specialized intellectual property judicial proceedings.  Specialized IP courts are located at the level of intermediate courts and have jurisdiction at first instance for all technically complex IP civil and administrative law cases (including patents, new plant varieties, layout designs for integrated circuits, trade secrets and computer software). They also have jurisdiction of first instance for well-known trademarks and deal with all other IP cases of appeal to the basic people`s courts of their province.86 With regard to administrative law, the Beijing Intellectual Property Court also has special jurisdiction of first instance for administrative complaints that are brought against the decisions of administrative intellectual property courts.  Since 2017, the system has been extended to 20 specialized IP courts across the country.  Although these courts are administratively members of the average people`s court in their city, they have supra-regional and exclusive factual jurisdiction for IP cases, like the IP courts set up in 2014.
 The legal framework for the protection of intellectual property in the PRC is based on three national laws adopted by the National People`s Congress: the Patent Law, the Trademark Law and the Copyright Law. . . .