IP Rights in China: spurring invention and driving innovation in health and agriculture.

During its relatively brief history of IP (intellectual property) rights protection, China has achieved early success, thanks to the strengthening of governmental IP rights legislation, the establishment of an IP rights management system, the promotion of public knowledge about IP rights, and increasing opportunities for international exchange and cooperation. IP rights protection in the fields of health and agriculture has increased investment in these sectors, encouraged innovation in health and agricultural science, increased farmers’ incomes, and improved the quality of life for Chinese citizens. Dramatic increases in patent applications in China suggest that widespread implementation and greater enforcement of IP rights are stimulating inventive activity, encouraging technology transfer, and driving greater and greater innovation. HANDBOOK OF BEST PRACTICES | 1585 (TRIPS) while promoting the development of its own IP rights protection system. The CPA was renamed the State Intellectual Property Office (SIPO)1 in 1998. China’s patent system has developed quickly in the past 20 years. IP rights regulations, management systems, and publicly available information have gradually improved. In 2006, China ranked fifth in the world for the number of patent applications filed. Chinese IP rights protection covers the following five categories of intellectual property: (1) patents and technological secrets; (2) trademarks and business secrets; (3) software; (4) copyrights; and (5) know-how about technologies, information, instructions, and so on involved in cooperation activities that need to be kept confidential. 2. An oveRvIeW oF pATenT developmenT In CHInA In 2006, 573,178 patent applications were filed for three kinds of patents (invention, utilitymodel, and design). This figure was 4.6 times the number of patent applications filed in 1998. Numbers of patent applications increased by an average of 19.4% each year from 1998 to 2006. There was an average annual increase of 23.9% CHAPTER 17.3 1. A BRIeF HISToRy oF Ip RIgHTS pRoTeCTIon In CHInA The China Patent Administration (CPA) was founded in 1980. China joined the World Intellectual Property Organization (WIPO) in March 1980. The first Chinese patent law was passed in March 1984 and became effective on 1 April 1985. China joined the Patent Cooperation Treaty (PCT) in 1994, indicating that China’s IP rights legislation was consistent with international standards. China became a member of the World Trade Organization (WTO) in 2002 and pledged to follow the Agreement on TradeRelated Aspects of Intellectual Property Rights Chen ZL, W Gao and J Xu. 2007. IP Rights in China: Spuring Invention and Driving Innovation in Health and Agriculture. In Intellectual Property Management in Health and Agricultural Innovation: A Handbook of Best Practices (eds. A Krattiger, RT Mahoney, L Nelsen, et al.). MIHR: Oxford, U.K., and PIPRA: Davis, U.S.A. Available online at www.ipHandbook.org. © 2007. ZL Chen, W Gao and J Xu. Sharing the Art of IP Management: Photocopying and distribution through the Internet for noncommercial purposes is permitted and encouraged. IP Rights in China: Spurring Invention and Driving Innovation in Health and Agriculture ZHAng liAng cHen, President, China Agricultural University, Beijing, China wAngsHeng gAo, Director, Regional Agricultural Development Center, China Agricultural University, Beijing, China Ji XU, Professor and Advisor of International Relations, China Agricultural University, Beijing, China