Read in Chinese

Speakers:

Shen Changyu, head of the National Intellectual Property Administration (NIPA)

He Zhimin, deputy head of the NIPA

Yu Cike, head of the copyright management division under the Publicity Department of the Communist Party of China Central Committee

Chairperson:

Xing Huina, deputy head of the Press Bureau of the State Council Information Office (SCIO) and SCIO spokesperson

Date:

April 25, 2021

Xing Huina:

Friends from the media, good morning. Welcome to this press conference held by the State Council Information Office (SCIO). The Outline of the 14th Five-Year Plan (2021-2025) for National Economic and Social Development and the Long-Range Objectives Through the Year 2035 proposes implementing the strategy of building China into a country that is strong on intellectual property rights (IPR). Today, we have invited Mr. Shen Changyu, head of the National Intellectual Property Administration (NIPA), to brief you on the progress of implementing the 14th Five-Year Plan and speeding up the building of a country that is strong on IPR, and to answer your questions. We also have with us Mr. He Zhimin, deputy head of the NIPA, and Mr. Yu Cike, head of the copyright management division under the Publicity Department of the Communist Party of China (CPC) Central Committee. 

Next, I will give the floor to Mr. Shen. 

Shen Changyu:

Thank you. Friends from the media, good morning. First of all, I would like to take this opportunity to thank you all for your interest, attention and support for intellectual property work over the years.

On Nov. 30, 2020, the Political Bureau of the 19th CPC Central Committee held a group study session on strengthening IPR protection in China. General Secretary Xi Jinping delivered an important speech, profoundly expounding on a series of major theoretical and practical issues concerning IPR protection, which provided fundamental guidelines for comprehensively strengthening IPR protection. Premier Li Keqiang presided over an executive meeting of the State Council to study and make plans on IPR-related work.

In 2020, under the strong leadership of the CPC Central Committee with Comrade Xi Jinping at its core, the intellectual property departments coordinated the epidemic controls with regular work, in accordance with the decisions and deployments of the CPC Central Committee and the State Council, and successfully completed the main objectives and tasks of IPR protection and application outlined in the national intellectual property strategy and the 13th Five-Year Plan. Remarkable achievements have been made in various tasks.

First, IPR protection has been comprehensively strengthened. China's Patent Law and Copyright Law have been amended. A punitive compensation system for infringements of patents and copyrights has been established. The Opinions on Strengthening Intellectual Property Rights Protection and its action plan have been implemented. The national inspection and assessment of IPR protection have been carried out, in which 10 provinces (autonomous regions and municipalities) scored more than 90 points. We have investigated 31,300 trademark infringement cases nationwide and 7,100 cases of counterfeiting patents, with 841 cases being transferred to judicial organs. Over 42,000 administrative adjudication rulings on patent infringement disputes were made. A total of 1,826 infringement and piracy cases were filed for investigation and 213 cases were transferred to judicial organs. A total of 62,000 batches of import and export goods suspected of infringing certain IPR were detained, totaling 56.18 million items. More than 520,000 criminal, civil, and administrative IPR cases were received in the first instance, second instance and retrial, and over 519,000 cases were concluded. We cracked 21,000 criminal cases of IPR infringement and the production and sale of fake and shoddy products, and arrested 32,000 suspects, with the total value involved in the cases reaching 18 billion yuan. The satisfaction score of the IPR protection increased to 80.05 points.

Second, both the quantity and quality of IPR creation have increased. In the whole year, 530,000 invention patents were authorized, and the number of invention patents per 10,000 people reached 15.8, exceeding the targets outlined in the 13th Five-Year Plan. The number of PCT international patent applications submitted by Chinese applicants through the Patent Cooperation Treaty reached 69,000, ranking first in the world. In the whole year, 5.761 million trademark registrations were made, and 7,553 applications for international trademark registration under the Madrid Protocol were received from domestic applicants. The number of registered works reached 3.32 million. The number of registrations for computer software copyright was 1.72 million. In total, 765 geographical indication trademarks were approved for registration, six geographical indication protection products were recognized, and 1,052 companies were approved to use geographical indication special signs. In addition, 2,549 new varieties of agricultural plants and 441 new varieties of forestry plants were granted. In the Global Innovation Index 2020 released by the World Intellectual Property Organization (WIPO), China jumped 15 slots from 2015 to 14th place.

Third, the benefits of IPR application have increased. Statistics show that in 2019, the value added of national patent-intensive industries reached 11.5 trillion yuan, a year-on-year increase of 7%, accounting for 11.6% of GDP that year; the value added of the national copyright industry reached 7.3 trillion yuan, accounting for 7.39% of GDP that year. In 2020, 408 of the world's 5,000 leading brands were from China, with a total value of $1.6 trillion. The total amount of patent and trademark pledge financing in China reached 218 billion yuan, a year-on-year growth of 43.9%. The direct output value of enterprises using special geographical indication signs totaled 639.8 billion yuan, which provided strong support for the fight against poverty. A total of 186,000 technical contracts involving IPR were signed, with turnover exceeding 1.1 trillion yuan. The total import and export of intellectual property royalties amounted to $46.31 billion, of which exports were $8.68 billion, a year-on-year increase of 31.5%.

Fourth, reforms in the field of IPR have continued to deepen. We stepped up efforts to promote reforms to streamline administration, delegate power, improve regulation, and upgrade services in the field of IPR, and further improve the quality and efficiency of patent reviews. The average review period for invention patents has been cut to 20 months, two months quicker than at the beginning of the 13th Five-Year Plan period (2016–2020). Meanwhile, the review period for high-value patents has been reduced to 14 months and the average review period of trademark registration has been shortened to four months, down by more than half the time needed at the beginning of the 13th Five-Year Plan period. We screened out a batch of abnormal patent applications that were not made to protect innovation, and rejected a batch of malicious registration applications for trademarks not made for use. We also promoted the "one window" system for patent and trademark business acceptance and achieved the integration of systems across 27 provinces (autonomous regions and municipalities). Additionally, the Supreme People's Procuratorate established an IPR prosecution office and the Supreme People's Court set up the Hainan Free Trade Port Intellectual Property Court.

Fifth, new progress has been achieved in international cooperation on IPR protection. President Xi Jinping and European Union (EU) leaders announced the official signing of an agreement on geographical indications (GI). We contributed to the negotiation of a chapter on IPR in the Regional Comprehensive Economic Partnership (RCEP) agreement. We took orderly measures to implement provisions on IPR in phase one of the China-U.S. economic and trade agreement and renewed the "Belt and Road" intergovernmental agreement on IPR cooperation with the World Intellectual Property Organization (WIPO). The Beijing Treaty on Audiovisual Performances also officially came into effect, marking the first time an international intellectual property treaty has been adopted in China and named after a Chinese city. Important progress has been made in China's entry into the Hague Agreement Concerning the International Deposit of Industrial Designs. The WIPO Arbitration and Mediation Center established an office in the Shanghai Pilot Free Trade Zone.

2021 is the first year that the 14th Five-Year Plan will be implemented. The NIPA will continue to follow the guidance of Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, fully grasp and put into practice the principles of the 19th CPC National Congress and the second, third, fourth, and fifth plenary sessions of the 19th CPC Central Committee. We will also act on the guiding principles of the important speech delivered by General Secretary Xi Jinping at the 25th group study session of the Political Bureau of the CPC Central Committee. We will accelerate the formulation of the Outline of National Intellectual Property Strategy (2021-2035) and a national IP protection and utilization plan for the 14th Five-Year Plan period. In doing so, we aim to strengthen top-level design, make progress while maintaining stability, and promote high-quality development of China's IPR work from a higher starting point to provide stronger support for fully building a modern socialist country and uphold our outstanding achievements as a celebration of the centenary of the CPC.

We would now like to answer your questions. Thanks.

Xing Huina:

Thank you, Mr. Shen, for your introduction. Now it is time for questions. Please indicate the media organization you work for before raising a question.

China Media Group:

As Mr. Shen mentioned, General Secretary Xi Jinping delivered an important speech on strengthening China's IPR protection while presiding over the 25th group study session of the Political Bureau of the CPC Central Committee on Nov. 30, 2020. What measures have been taken to implement the guiding principles of the speech? What progress has been made? Thank you.

Shen Changyu:

Thank you for the questions. As you said, the Political Bureau of the 19th CPC Central Committee held a group study session on strengthening China's IPR protection on Nov. 30 last year. General Secretary Xi Jinping presided over the session and delivered an important speech. He said that IPR protection relates to the modernization of China's governance system and capacity, high-quality development, people's happiness, the overall situation of the country's opening up to the outside world, and national security. He outlined how China is changing from a big country that introduces IPR to one that creates IPR, shifting from a country that pursues IPR quantity to one that seeks quality. He made strategic arrangements for comprehensively strengthening IPR protection in six aspects. His speech elicited a positive public response. Over the past half-year, the Leading Party Members Group of the NIPA and all the officials and staff in the field of IPR have been earnestly studying and putting into practice the guiding principles of the important speech. Remarkable progress has been achieved thanks to several measures that we took.

First, we set out to convey and study the gist of the speech. After General Secretary Xi Jinping delivered his speech, the Leading Party Members Group of the NIPA convened two themed sessions to convey and study the gist of the speech and issued a circular on studying and implementing the guiding principles of the speech to all institutions in the field of IPR. We held a meeting for leaders of IP offices nationwide and an expanded meeting for the leading Party members groups of IP offices nationwide before planning for implementation of its guidelines. We formulated and issued opinions on implementation and introduced 134 concrete measures. For each measure, we established an account to record the progress and ensure their correct implementation.

Second, we publicized and interpreted the speech. We coordinated mainstream media outlets to publish a series of articles and launch special coverage. We set up a dedicated column on the China Intellectual Property News and organized officials and staff of the NIPA to attend rotation training to foster a strong atmosphere of studying and practicing the guiding principles of the speech.

Third, implementation. So far, important progress has been made in many regards. For example, regarding the enhancement of top-level design of IPR protection, we have basically finished the drafting of the Outline of the National Intellectual Property Strategy and a national plan for IPR protection and application in the 14th Five-Year Plan period. Regarding the improvement in the law-based IPR protection, we have actively made preparations for the revised Patent Law to be put into practice on June 1. We have pushed forward a new round of research and revision on the Trademark Law as well as investigations into the legalization of the Geographical Indication Law. In promoting whole-chain IPR protection, we have implemented the Guidelines on Enhancing IPR protection and advanced high-standard plans. We have assessed the work of local governments and Party committees according to the arrangements of the central government to promote protection work. In deepening the reform of the systems and mechanisms in IPR protection, we have studied and proposed a series of new reform measures to streamline administration and delegate power, improve regulation, and upgrade services on IPR. In pushing forward international cooperation and competition in the field of IPR, we have also practiced items relating to IPR in the first phase of the China-U.S. trade deal, promoted enforcement of the China-EU Agreement on Geographical Indications, and completed protection notices for the first batch of productions. We have also participated in and completed negotiations relating to IPR in the RCEP agreements. In safeguarding national security in the field of IPR, we have examined the transfer of IPR in accordance with the law and boosted the creation and protection of IPR in key core technologies. 

For the next stage, the NIPA will further implement the guiding principles from General Secretary Xi Jinping's important speeches and promote and do our work well to celebrate the centenary of the founding of the CPC through extraordinary performance. Thank you. 

Guangming Daily:

My question is for Mr. Shen. The 14th Five-Year Plan has many arrangements regarding IPR. For example, high-value invention patents should reach 12 per 10,000 people by 2025. On April 15, data released by the National Center for Science and Technology Evaluation of the Ministry of Science and Technology shows that the trade volume of scientific and technological advances in 2019 decreased from that of 2018. The data also suggests that many high-value patents in colleges and scientific research institutions are inactive, and the scientific and technological achievements that they relate to have not been applied. Recently, academician Ouyang Zhongcan from the Chinese Academy of Sciences wrote a letter to Guangming Daily appealing for the application of scientific and technological advances to be emphasized in professional title appraisals. The application of scientific and technological advances is a systemic project. The NIPA has done a lot to promote work in this regard, like appraising the national model and pilot schools for IPR protection. My question is, during the 14th Five-Year Plan period, how will the NIPA cooperate with the Ministry of Science and Technology and the Ministry of Education to meet the targets relating to high-value patents laid out in the plan? Thank you. 

Shen Changyu:

Thank you for your very important question relating to the 14th Five-Year Plan. The application of scientific and technological advances involves many departments. Regarding the NIPA, we have made continuous efforts in the application of IPR. This year marks the beginning of the 14th Five-Year Plan. The 14th Five-Year Plan makes clear arrangements about IPR work over the next five years, and the content is the richest among all Five-Year Plans so far. It fully shows the more prominent role that IPR work plays in national economic and social development. 

Specifically, first, "the number of high-quality invention patents per 10,000 people" has been included in the latest Five-Year Plan, replacing "the number of invention patents per 10,000 people" in the 12th and 13th Five-Year Plans. This new indicator will effectively promote the realization of transforming China from a large country of intellectual property introduction to a large country of intellectual property creation, as well as transform intellectual property work from the pursuit of quantity to the improvement in quality. Second, the chapter on innovation-driven development lists "improving the protection and utilization mechanism of IPR" as an individual section, and outlines major tasks regarding the Outline of the National Intellectual Property Strategy. Third, other parts of the plan touch on IPR as well, including special arrangements for encouraging financial institutions to develop intellectual property pledge financing, strengthening the central government's responsibilities in intellectual property protection, and supporting Hong Kong to build a regional intellectual property trading center.

As for the work in the next stage, according to the arrangements and division of work in the 14 Five-Year Plan, we will strive to work with keen attention in the following aspects. First, we will do a good job in top-level design, including formulating and implementing the Outline of the National Intellectual Property Strategy and a national plan for IPR protection and application in the 14th Five-Year Plan period. Responsibilities of the central government in IPR protection should be enhanced in a proper way, and we should dovetail our work with the 14th Five-Year Plan and implement the plan in a solid way.

Second, improve systems and mechanisms. We will implement a strict IPR protection system, especially the punitive compensation system. We will improve related laws and regulations, and speed up IPR legislation for new fields and new business forms including artificial intelligence (AI) and big data. We will improve the administrative law enforcement mechanism as well as the system for arbitration, mediation, IPR safeguarding and assistance.

Third, continue to deepen reform. We will further optimize the financial assistance and reward policies as well as the evaluation mechanisms for patents, highlight high-quality development, better protect and encourage high-value patents, and cultivate patent-intensive industries. Meanwhile, we will reform the ownership and rights and interests distribution mechanism for state-owned IPR, expand the authority of universities and research institutions to handle IPR, improve intangible asset evaluation, and promote the industrial application of patents. 

Fourth, strengthen infrastructure development. We will strengthen the development of information and intelligent infrastructure for IPR. We will accelerate the construction of the national IPR big data center, build a public service platform for the protection and use of IPR, and support Hong Kong to build a regional IPR trading center, etc.

By implementing these measures, we aim to further highlight high-quality development and push for a new stage in IPR protection, new breakthroughs in IPR use, and a new level for IPR service to better serve national economic and social development.

I will respond briefly to your question on the application of patents.

The application of patents is indeed an important issue and has been an important area of attention for a long time. And it involves many government departments. At present, there are indeed many "sleeping patents." One of the reasons is that there are two difficulties for patent application. One the one hand, it's hard for the patents of universities and research institutes to be discovered and used; one the other hand, it's hard for small and medium-sized enterprises to get the patented technologies they need. To address these two difficulties, the NIPA and the Ministry of Finance jointly launched a special program for patent application at the beginning of this year.

Under the program, efforts are being made in the following three aspects: first, broadening channels. We will promote the IPR rights and interests distribution reform to raise the enthusiasm of universities and research institutes to apply patents. Second, connecting supply and demand. We will build a promotion and application platform for patented technologies and set up an effective supply and demand matching mechanism to link universities and research institutes with small and medium-sized enterprises through a variety of online and offline events. Third, strengthening incentives. Provinces with outstanding achievements in patent application will be awarded. Thank you.

China Daily:

2021 marks the start of China's 14th Five-Year Plan period. All localities and departments are drawing up blueprints for the period based on a review of their experiences gained from the 13th Five-Year Plan period. My question is, what has been done regarding copyrights? Could you please introduce?

Shen Changyu:

Mr. Yu will answer this question.

Yu Cike:

During the 13th Five-Year Plan period, guided by Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, our work on copyright has served the central task of economic development and the overall interests of the country. Focusing on copyright creation, protection and application, we have improved policies, strengthened supervision, optimized services and boosted the copyright industry. With these efforts, we have contributed to the implementation of the innovation-driven development strategy and the building of a moderately prosperous society in all respects. Following are the main achievements that were made regarding copyright during the 13th Five-Year Plan period.

First, our system of copyright laws has been continuously improved. We have actively advanced the third amendment to China's Copyright Law. On November 11, 2020, the 23rd session of the Standing Committee of the 13th National People's Congress approved the amended copyright law, which will come into force on June 1, 2021. We have continuously improved relevant laws and regulations and issued many regulatory documents, including the Notice on Strengthening Copyright Management of Online Literary Works and the Notice on Regulating the Copyright Order of Photography Works. Our system of copyright laws, which both suits China's national conditions and accords with international rules, has seen constant improvement and the copyright work is now much more law-based.

Second, copyright protection in China has been continuously improved. We have launched the "Sword Net" campaign for several consecutive years now to crack down on online copyright infringement. Fruitful results have been achieved. We have established an early warning mechanism for major film and television productions to protect their copyrights. We have improved the administrative law enforcement system for copyright and established an administrative copyright protection mechanism with Chinese characteristics. The achievements in promoting the use of copyrighted software have been recognized both at home and abroad and helped build up China's good image in IPR protection.

Third, the quality and efficiency of copyright work have been continuously improved. According to the deployment of the central authority, we promoted the demonstrations of copyright work, carried out the pilot construction of the national copyright innovation development base, established and improved the national copyright expo's authorized transaction system, and promoted healthy and rapid development of the copyright industry. We have straightened the copyright registration mechanisms and successfully publicized and popularized copyright issues. The copyright social service system is improving.

Fourth, international copyright cooperation and exchanges have been continuously deepened. We have carried out international copyright cooperation and promoted the establishment of a new type of multilateral and bilateral copyright relationship with win-win cooperation at its core. China has actively participated in the formulation of international copyright rules, and promoted the entry into force of the Beijing Treaty on Audiovisual Performances on April 28, 2020. This made it the first international intellectual property treaty to be adopted in China and the first to be named after a Chinese city since the founding of the People's Republic of China. We have broadened the channels for publicity abroad and enhance China's influence in international copyright work.

At present, we are implementing the requirements of the CPC Central Committee and the State Council and actively planning copyright work during the 14th Five-Year Plan period. To seek a new chapter and start a new journey during the 14th Five-Year Plan period, copyright work must be guided by Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, embody the spirit of a series of important speeches by General Secretary Xi Jinping on strengthening the protection of IPR, fully implement the decisions and deployments of the CPC Central Committee and the State Council, persist in seeking progress while maintaining stability, and keep to the right path and make innovations. Additionally, it must adhere to the concept that copyright protection is needed to protect innovation, vigorously implement the innovation-driven development strategy, insist on grasping the new development stage, implement the new development concept, foster a new development paradigm, persist in serving the overall situation of theoretical publicity work, maintain ideological security, promote cultural prosperity and development, and persist in advancing the modernization of the copyright governance system and governance capabilities. With the central goal of building China's strength in copyright, with a basic task of comprehensively strengthening copyright protection and accelerating the development of the copyright industry as well as further improving the copyright work system as the main measure, we'll continuously improve the level and effectiveness of copyright work and provide stronger copyright support for promoting high-quality development to build a socialist innovative country with advanced culture.

On behalf of the NCAC, I would like to take this opportunity to express my gratitude to the media outlets and journalists for their concern, help, and support regarding copyright work. Thank you.

China Financial and Economic News:

We learned that the amount of national intellectual property pledge financing during the 13th Five-Year Plan period doubled compared to that of the 12th Five-Year Plan period. What specific measures has the NIPA launched to promote financial services such as intellectual property pledge financing? What are the arrangements for the 14th Five-Year Plan period?

Shen Changyu:

Thank you for your question. Innovation is inseparable from the protection of IPR and financial support. Intellectual property finance is an organic combination of intellectual property and financial services, and it also provides a kind of "dual insurance" and "dual support." In recent years, the NIPA, in conjunction with relevant departments, has acted on the decisions and arrangements of the CPC Central Committee and the State Council, constantly made progress on intellectual property finance, and mainly carried out its work in the following aspects:

First, we have vigorously promoted intellectual property pledge financing work. In 2019, we joined with the CBIRC and the NCAC, to issue the Notice on Further Strengthening Intellectual Property Pledge Financing Work and specified three measures: tolerate a slightly higher bad loan ratio in IP pledge financing business, establish separate credit programs and specific in-house performance appraisal and incentive mechanisms. In 2020, the total amount of national patent and trademark pledge financing reached 218 billion yuan, a year-on-year increase of 43.9%, from which many small and medium-sized enterprises have benefited, especially those related to science and technology.

Second, we guided relevant institutions to develop and launch intellectual property insurance products, including our cooperation with PICC Property and Casualty Company Limited, to form four categories and 16 types of intellectual property insurance products. According to incomplete statistics, in 2020, the relevant insurance coverage exceeded 20 billion yuan, benefiting more than 4,000 companies.

Third, we have actively pushed forward the trial program for intellectual property securitization. Up to now, a total of 25 intellectual property securitization products have been issued nationwide, with an issue amount of more than 7 billion yuan. The relevant work has been included by the State Council in the pilot free trade zones' trial reform experience.

Next, the NIPA will continue to work with relevant departments to advance the improvement of intellectual property financial services, promote intellectual property pledge financing by entering industrial parks to benefit enterprises, and develop intellectual property insurance and securitization. At the same time, we will effectively prevent intellectual property financial risks as well as continuously improve the popularity, benefits coverage, convenience, and safety of intellectual property financial services. Thank you.

Phoenix TV:

Trademark squatting the names of celebrities and well-known companies has attracted wide public attention. What specific measures are in place to crack down on malicious trademark registration? What does the NIPA plan to do as the next step to curb these acts? Thank you.

Shen Changyu:

Thanks for your questions. Mr. He, deputy commissioner of the NIPA, will answer this question.

He Zhimin:

Thanks for your questions. The NIPA firmly stands against malicious trademark registration and actively promotes trademark registration in good faith among the public.

According to the Trademark Law, malicious trademark registration includes acts that violate the principle of good faith and which aim to exploit or misuse others' market reputation, damage others' lawful rights, or infringe on public resources. It mainly involves two situations. The first is malicious trademark registration of famous brands, trending news events, major national projects, or celebrity names. The other involves the hoarding of trademarks with no intention to use them.

The two situations have major negative social impacts. Malicious trademark squatting, like in the case of registering the name of Ding Zhen, a social media influencer in China, aims to make illegal gains and thereby disrupts the order of trademark registration management and causes a negative social impact. Trademark hoarding, such as the more than 300 trademark registration applications made by a single company and were rejected by our office some time ago, is a waste of market and administrative resources and seriously harms public interest.

To address these issues and create a better market environment, we have made efforts in the following four aspects. First, promote the improvement of laws and regulations. The fourth revision of the Trademark Law added a provision that states that "malicious trademark registration that is not intended for use should be rejected," and moved the threshold for combating malicious hoarding of trademark applications to the examination stage as well as throughout the entire trademark application registration process. Second, improve the identification of malicious registrations. By using a trademark review database, as well as human judgment, we can pinpoint malicious registration acts in our review process. Third, take differentiated approaches in our work methods. For acts that have a major negative social impact, like the ones for registering "Leishenshan," a makeshift hospital built in response to the COVID-19 outbreak in Wuhan, and "Clear Love," the patriotic expression made by Chinese martyr Chen Xiangrong in his diary, have been quickly rejected and made public, drawing wide criticism of the applicants of such trademarks. From 2018 to 2020, the NIPA had rejected over 150,000 filings of malicious trademark registration and trademark hoarding. Fourth, organize a special campaign to crack down on those illegal acts. During last year's Blue Sky campaign, we interviewed 2,950 trademark agencies about their practices. Last month, the NIPA launched a special campaign targeting malicious trademark squatting to increase law enforcement and enhance deterrence.

For the next step, we will continue to improve the legal system for trademark protection, increase punishment of violations, and make typical cases in trademark infringement public to promote China's brand building and high-quality IPR development. Thank you.

Red Star News:

With the rise of content production platforms like Douyin, Kuaishou, WeChat, and Weibo, internet users are increasingly enthusiastic about creating various types of online content, but copyright infringement issues often emerge. We have noticed that dozens of media production organizations and copyright holders have recently released a joint statement against copyright infringement in short videos, calling for short video platforms and content production and management parties of public accounts to increase awareness in copyright protection. What is the NIPA's comment on this matter? Thank you.

Shen Changyu:

Thanks for your question. Mr. Yu will answer this question because he is responsible for issues related to copyrights.

Yu Cike:

With the rapid development of digital technologies and mobile networks, China's online short video industry has seen robust growth in recent years. Meanwhile, intellectual property infringement in short video clips has become a very serious issue. This has elicited a strong reaction from rights holders and raised public concern. The NIPA has also paid high attention to such issues.

It is a basic principle stipulated in China's Copyright Law that one shall not distribute or use other people's works without permission. This principle surely applies to films and television works. Over the years, the NIPA has attached great importance to protecting the copyright of films and television works, proactively safeguarding the related orders. During the 13th Five-Year Plan period, the NIPA launched the "Sword Net" campaigns successively to combat online copyright infringement and piracy. During the campaigns, the NIPA introduced targeted regulation measures for relevant fields including film and television, proactively and effectively carried out early warning efforts for key films and television works, and published lists of such works . Over the past five years, a total of 38 such lists have been published, and the early warning efforts have covered 640 key films and television works. By doing so, we have managed to protect the IPR of these fine works when they are transmitted online.

Back in 2018, the NIPA included the rectification work of online short video copyright as a key task of the "Sword Net" campaign. The NIPA has been working to crackdown on copyright infringement and striving to strengthen copyright supervision of video clip platforms, user-based content and public account producers and operators. We have been continuously working on this front in recent years.

This year, in accordance with CPC Central Committee's deployment on strengthening all-round protection of IPR, the NIPA will work proactively to respond to the calls of right holders, and support and protect their legitimate rights. First, the NIPA will redouble its efforts to crackdown on IPR infringement in the short video industry. Copyright violation on short video platforms, user-based content and public account producers and operators, such as unauthorized copying, presenting, and distributing of other people's films, television or musical works, will be resolutely regulated. Second, the NIPA will work to hold video clip platform, user-based content and public account producers and operators accountable on IPR-related issues in a comprehensive manner. The NIPA will strengthen its efforts to establish copyright systems, improve the handling mechanism for copyright-related complaints, and effectively abide by its obligation to report on illegal and criminal activities and provide assistance to investigations. Third, the NIPA encourages film copyright collectives to build their capacity and carry out collective management efforts on the IPR of films in accordance with the law, and play the role of a link to protect the legitimate rights of rights holders and facilitate the legitimate use of users. Thank you.

ThePaper.cn

Currently, new sectors and business models, such as big data and AI, are thriving in China. What progresses have been made concerning the institutional arrangements on IPR protection in these fields? Thank you.

Shen Changyu:

Thank you for your question. This is indeed an important issue. Currently, big data and AI have become important factors and technologies for production, and there is a growing call for improving the IPR protection mechanisms in relevant fields. In view of China's future social and economic development and its competitive edge, strengthening IPR protection in the fields of big data and AI has become an imperative issue.

Among other things, IPR protection around big data focuses on handling the relationship between protection and use, security and privacy, and promoting the orderly entry of data resources into the factor market while still ensuring data security.

Regarding IPR protection of AI, the current focus is mainly on whether works and inventions completed by AI can generate new IPR, and the attribution of such rights. Currently, we are also actively listening to the views of the academic and industry sectors on these issues, studying the relevant institutional arrangements and the outcomes will be written in relevant plans and documents.

I think these are all very important issues. When it comes to big data and AI, the protection of IPR is an issue of great concern. For example, consider the issue of data property rights. Data is a new and important factor of production following the traditional ones such as land, technology and capital. The output of China's digital economy, which is supported by data, accounts for more than 36% of its GDP and contributes 67.7% to GDP growth, or around two-thirds. How to allow data to flow reasonably, make full use of it and effectively protect it are indeed very important issues, which require the design of a good system. Thank you for your question.

CRI:

Many people believe that China is already a major player in terms of IP, but that it is not strong yet. Could you explain what efforts have been made to promote the high-quality development of IP? And what have been the effects? Thank you.

Shen Changyu:

Thank you for your questions. In China's 14th Five-Year Plan, the "number of high-value invention patents per 10,000 population" is set as the expected index, which is a very important index. We need to strive for high quality and improve the quality. We need to solve the problems of "large but not strong" and "large but not excellent." As it was said just now, high-quality development is indeed a very important issue. It is a major decision and plan made by the CPC Central Committee with Comrade Xi Jinping at its core according to China's overall social and economic development. This idea has not only driven the vigorous development of the economy, but also become the fundamental principle for determining development ideas, formulating policies and measures, and implementing macro-controls in all fields. The NIPA has also taken a series of powerful measures to promote high-quality development of IP in order to implement the decision and plan of the CPC Central Committee. 

First, we will deepen implementation of the projects to improve the quality of patents and promote the strategy for trademarks and brands as well as the use of geographical indications. We will accelerate the establishment of an indicator system, policy system, statistical system and assessment system for the high-quality development of IP. Second, we will promote the "ownership of high-value invention patents per 10,000 population" for inclusion in the national 14th Five-Year Plan index, replacing the "ownership of invention patents per 10,000 population" index in the 12th and 13th five-year plans. Third, we will strictly enforce the examination and authorization of patents and trademarks, and promote high-quality creation and efficient use through high-quality assessments. Fourth, we will promote the improvement of funding policies, completely cancel funding for the application of IP, and focus on increasing support for subsequent transformation and application, administrative protection and public services. Fifth, we will severely crack down on abnormal patent applications not for the purpose of protecting innovation and malicious trademark registrations not for the purpose of being used.

Driven by these policies, the quality and efficiency of China's IP development has continuously improved. During the 13th Five-Year Plan period (2016-2020), the export volume of China's intellectual property royalties increased by double digits for five consecutive years. In 2020, the figure reached $8.68 billion, registering an average annual growth rate of 51.6%. The pledge financing of patents and trademarks more than doubled from 84.85 billion yuan ($13.07 billion) to 218 billion yuan. The added-value of China's patent-intensive industries reached 11.5 trillion yuan in 2019, accounting for 11.6% of GDP. In 2020, 408 Chinese brands, totaling $1.6 trillion, entered the list of the world's top 5,000 brands, ensuring a strong underpinning for our high-quality economic development. In general, China's IP development has seen continuous improvement in both quality and efficiency in recent years. Thank you.

Xinhua News Agency:

We have noticed that Chinese enterprises are encountering more and more intellectual property disputes in the process of going global. What are the initiatives of the NIPA to support Chinese enterprises to better deal with IP disputes overseas? Thank you.

Shen Changyu:

Thank you for your question. In recent years, the NIPA has consistently stepped up efforts to build mechanisms and platforms to better help Chinese enterprises handle overseas IP disputes.

First, we established the National Guidance Center for Handling Overseas Intellectual Property Disputes and ten local sub-centers, as well as a coordination mechanism for handling major IPR cases, instructing Chinese enterprises to take active steps to respond to overseas IP disputes. So far, the national center and local sub-centers have offered guidance and consultation in more than 300 cases.

Second, we have consistently improved worldip.cn, a national platform for overseas IPR information services. Currently, the website provides information regarding 1,339 IP laws, regulations and international treaties from 189 countries and regions, as well as more than 40 guidelines for overseas work involving IP.

Third, we have improved risk prevention and control mechanisms in overseas IPR protection, focusing on several key issues. For example, in response to pirate registration of Chinese trademarks in the overseas market, we have drafted and issued guidelines on safeguarding trademark rights in pivotal countries.

Fourth, we have intensified efforts to promote training. So far, we have trained more than 45,000 people, effectively raising the capacity of Chinese enterprises to protect overseas IP rights.

Next, we will continue to improve the overseas IP dispute response mechanism, fully leverage the role of the National Guidance Center for Handling Overseas Intellectual Property Disputes and local sub-centers, accelerate the establishment of overseas sub-centers, and provide high-standard guidance and services for Chinese enterprises that "go global." Thank you.

Xing Huina:

This concludes today's conference, thank you to the three speakers and thank you to all the journalists, goodbye everyone!

Translated and edited by Zhang Liying, Zhou Jing, Zhang Rui, Huang Shan, Guo Yiming, Liu Qiang, Zhu Bochen, Li Huiru, Li Xiao, Fan Junmei, He Shan, Liu Jianing, Wang Qian, Wang Yiming, Wang Wei, Xiang Bin, Yuan Fang, Dong Qingpei, David Ball, Jay Birbeck, and Tom Arnstein. In case of any discrepancy between the English and Chinese texts, the Chinese version is deemed to prevail.