Trade disputes with the United States have prompted Beijing to upgrade the entire system of intellectual property protection: patents, drugs, copyright for broadcasts (including online). From 1 June, with the new law on patents and copyright, the bilateral commitment signed on 15 January 2020 became effective. strengthening of intellectual property rights. For the Americans, a non-negotiable point.
The commitment of Chinese President Xi Jinping
Chinese President Xi Jinping has personally pledged on several occasions to support and illustrate the turning point.
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This is how the adaptation now necessary to raise the protection standards of a country that, for its part, has not stopped innovating, not even during the pandemic: in 2020, China retained its global leadership with 68,720 WIPO registrations (+ 16.1% on 2019), against 59,230 in the US (+ 3%) and has led Asia bringing the world share to 53.7%, a percentage that a decade ago was only 35.7%.
Requests are accepted that companies have been supporting for years. Finally, on the design patent front, holders can protect both the totality and the individual parts of a product, while the duration of the protection extends from the current 10 to 15 years. The national priority rule is triggered so that a design patent applicant can claim a six-month priority.
Punitive damages in the event of international violations begin, fined up to five times as much as the measures envisaged. The difficulty for those who have suffered damage is admitted to ascertain the losses suffered, and the illicit gain realized by the alleged violator becomes the recurrent criterion.