To further improve IP system;

Creation and application;

Protection;

To avoid abuse of IP;

To cultivate IP culture.

With regard to the systematic problems that restrain the improvement of science and technology in China, as well as the need to reinforce self-innovation and to construct a creative nation, the new S&T Law conducted a series of innovation in system and mechanism; emphasizing the IP strategic object and principle of science and technology innovation; defining the ascription of IP assets in financial science and technology plans and fund programs; prescribing the obligations of program undertakers to transform and apply the fruits of science and technology; and stressing to cultivate an academic environment of tolerating failure and encouraging exploration.

Mr. He said that China is still a developing country, and SIPO is still a developing patent office, though SIPO is one of the most importance patent offices in the world. Also, Mr. He points out that the long-term cooperation between the two parties is foundation work.

Mr. Doll expressed his appreciation to the achievements that SIPO had made. He said that the achievements of SIPO in patent examination was surprising, esp. in shortening the period of examination. Mr. Doll also proposed motions on patent application form, application classification system and share of examination fruits. He suggested setting up linkman on work to reinforce cooperation and negotiation.

A total of 290,208 domestic filings saw an increase of 34.1 percent over last year, accounting for 84 percent of all patents filed; a total of 55,361 foreign filings reflected a growth of 5.5 percent over last year, accounting for 16 percent of all patents filed. The filings of invention, utility mould and design accounted for 38.2 percent, 28 percent and 33.8 percent of all patents filed.

In the first half this year, SIPO totally granted 191,530 patents, increased by 14.2 percent over last year. This figure included 163,827 resident filings and 27,703 foreign filings. The proportions of granted patents of invention, model utility and design were 21.8 percent, 41.2 percent and 37 percent respectively.

By the end of June 2008, 4,373,853 patent filings were accepted by SIPO, including 3,604,563 resident filings and 769,290 foreign filings, accounting for 82.4 percent and 17.6 percent respectively; a total of 2,280,816 patents, including 1,954,206 resident filings and 326,610 foreign filings were granted, accounting for 85.7 percent and 14.3 percent respectively.

At present, IPR tribunals have been specially set up in higher courts, most intermediate courts and the grass-roots courts that have acquired the jurisdiction of IPR civil cases. A batch of experienced judges has been appointed to IPR case trial. The primary statistics of 2006 showed that 172 IPR tribunals and 140 IPR collegial panels were specially set up and a total of 1,667 judges practiced IPR case trial.

The SPC is taking efforts to enhance the draft and advice collection work of judicial interpretation on well-known trademarks, striving to make the interpretation take into effect by the end of the year. It is also making further research to the recognition of patent infringement and would promulgate judicial interpretation on the same timely in accordance with relevant amendments of the Patent Law.

Beijing No.1 Intermediate People’s Court recently judged the case ruling that the four infringement companies shall compensate NEC Corporation in a total of 1.15 million yuan RMB.

Leaders and experts from State Intellectual Property Office of PRC, China Trademark Office, Supreme Court of PRC and Beijing High Court addressed the meeting in topics of “The Latest Development of Patent Examination”, “The Protection of Trademark Exclusive Rights”, “The Development of Anti Unfair Competitions and Judicial Protection of well-known Trademarks ” and “The Administrative Litigation System and the Protection of Trademark and Patent in China” respectively, and also analyzed the new trend and latest policies from the level of government management and macro control. Meanwhile, Dr. Li Deshan and Dr. Ma Qiang, both partners of Unitalen, introduced the typical cases in the patent and trademark fields in recent years respectively, sharing with present enterprises their rich IP experiences, and providing some effective solutions for the potential risk that enterprises probably face in the IP management.