Essay Issues on Patent and Copyright Laws In China

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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 “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
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Scope of Protection:2
In Article 1 of the Patent Law, it states the right to patent protection for “inventions-creations.” Article 2 defines inventions-creations as inventions, utility models, and designs. These are also defined by rule 2 of the Implementing Regulations:

1. ‘Invention’ means any new technical solution relating to a product, process, or improvement upon either of these;
2. ‘Utility models’ means any new technical solution in respect to the shape and/or structure of a product fit for practical use; and
3. ‘Design means any new design of a product’s shape, pattern, color, or combination thereof which creates an aesthetic feeling while also being fit for industrial application.

The patent rights can be granted to these types of intellectual property as stated above. The patent right for an invention will last for a period of 15 years. Utility models or industrial design patents last for five years.

Limitations on Patent:3
According to article 25 of the Patent Law, there are certain exclusions of product and inventions to which the Chinese government refuses to grant a patent right. The list is as follows: 2

a) scientific discoveries; b) rules and processes of mental activities; c) methods for the diagnosis and treatment of