Intellectual Property Rights Are the “Benchmark” of Legislative Development – the General Provisions of the Civil Law of the People's Republic of China Has Been Effective sinc
“Parties to civil legal relations enjoy intellectual property rights in accordance with law. Intellectual property rights are the rights enjoyed by right holders lawfully pertaining to following objects: works; inventions, utility models, designs; trademarks; geographical symbols; trade secrets; layout designs of integrated circuits; new species of plants; other subjects under legal regulations.” the General Provisions of the Civil Law of the People's Republic of China (hereinafter refer to the General Provisions of the Civil Law) has been effective since Oct 1st, in which article 123 contains regulation for intellectual property rights.
“The implementation of the General Provisions of the Civil Law initiated the “Era of Civil Law”. The General Provisions of the Civil Law is an important measure that maintains the integrated establishment of a country, government, and society that is governed by law. It is as remarkable as a milestone in the history of China’s legislation.”
“The General Provisions of the Civil Law proposed that Parties to civil legal relations enjoy intellectual property rights in accordance with law, which is the highlight of the General Provisions of the Civil Law.” In recent years, as the awareness of intellectual property rights related laws within the entire society enhances and as the economy of the industry rapidly develops, civil disputes over intellectual property rights are entering a new state. Strengthening the administrative execution of patent law and the legislative protection are two approaches that have complementary advantages and effective connection. The implementation of the General Provisions of the Civil Law corresponds to the practical need for the further amelioration of the IP legal system with Chinese characteristics.
“The General Provisions of the Civil Law makes summarizing the definition of intellectual property rights to guide all individual pieces of laws. It points out that intellectual property rights are the rights specifically enjoyed by right holders for related objects and emphasizes their exclusive nature. This clearly demonstrates that intellectual property rights only belong to the right holders and any other parties to civil legal relations than the right owners shall not claim these rights.” The clear specification of the nature of IPR and the decision to give the same protection mechanism of tangible assets to IPR, a form of intangible assets, indicate a new trend with which China grants sufficient respect and protection for IPR. “The General Provisions of the Civil Law make focused and comprehensive regulations related to intellectual property rights, which helps maintain the principle of strict protection in the legislation and amendment of IPR laws, and consolidates the status of IPR protection in civil laws.” Li Shunde suggests that, as the guidelines for the development of IPR legislative system, the General Provisions of the Civil Law also provide new regulations for certain new civil rights that possess the nature of IPR to some degree, such as rights to cyber virtual properties and data. The implementation is, therefore, an important measure for adapting to an information society and for developing a knowledge economy. It has significant meaning for the IPR protection under new field and new industry.
“The implementation of the General Provisions of the Civil Law not only has important meaning for executing the five-sphere integrated plan, the four-pronged comprehensive strategy and five development concepts, but also has important meaning for strengthening the IPR protection and realization the innovation development of our country”, said Li Shunde.