Issues on Patent and Copyright Laws In China Essay -- China Patent Cop

Issues on Patent and Copyright Laws In China This site contains information on China's patent and copyright law. It goes on to discuss some ethical issues about China's lack of law enforcement on intellectual property protection. History of Patent System China’s patent system can be traced back to the late Qing Dynasty when China began signing international treaties. For example, on August 18, 1903, China and the United States agreed on a treaty on navigation and commerce. The treaty provided for a â€Å"reciprocal patent-granting arrangement whereby citizens of one contracting party could apply for and secure patent rights for their inventions in the other contracting party.†1 After the Qing Dynasty was over thrown in 1911, the Nationalist government created the Interim Charter on Rewarding Industrial and Artistic Products. And soon thereafter, in 1944, the Patent Law of modern sense was created. Although the Patent Law was adopted in China, the Nationalist government was forced to Taiwan and thus the Patent Law had no effect in mainland China. In 1949, the new government adopted the Provisional Regulations on the Protection of the Invention Rights and Patent Rights, whose purpose was to encourage invention. In 1978, t he government reissued the Regulations on Awards for Technical Improvements and the Regulations on Awards for Inventions which were first issued in 1963 and abolished soon after. Then in 1985 the Patent Law was introduced. China’s Patent Law went through a critical revision in 1992. Amendments were focused on the areas pharmaceutics, chemicals, food, beverages and condiments.1 Current Patent Law The Patent Law of the People’s Republic of China was adopted at the Fourth Session of the Standing Committ... ...g, 1994) p. 64-65. 3 Brahm, p. 65. 4 Brahm, p.116. 5 Brahm, p. 110-111. 6 Brahm, p. 111. 7 Brahm, 17. 8 China Daily Online, IN BRIEF (Page: 3, Date: 04/22/2003), <http://www1.chinadaily.com.cn/cndy/2003-04-22/112904.html> 9 Noah J. Smith, China Implements New Software Regulation To Streamline Registration, Boost Protection, Patent, Trademark & Copyright Law Daily, 6 Mar. 2002, <http://subscript.bna.com/SAMPLES/ptd.nsf/85256269004a99228525625400656cb3/ 4d9c50eea1edd85185256b740006aecb?OpenDocument> 10 China says "no" to pirated software, China Daily, 5 Apr. 2002, <http://www1.chinadaily.com.cn/news/cn/2002-04-05/64442.html> 11 Solving the problem of pirating, etaiwannews.com, 5 May 2001, <http://www.etaiwannews.com/Editorial/2001/05/05/989030288.htm>