China's IP protection is growing with prosperity

Zhang Nan

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A reader selects books at Zhongshuge Bookstore in Yangzhou City, east China's Jiangsu Province, Feb. 17, 2018. /Xinhua

**Editor's Note: **Dr. Zhang Nan is a researcher in College of Comparative Law, China University of Political Science and Law. The article reflects the author's opinions, not necessarily the views of CGTN.

Today is the World Intellectual Property Day.20 years back, China and Algeria were the first two countries to make a proposal to the World Intellectual Property Organization (WIPO) to celebrate the World IP Day.

The proposal was passed and April 26 officially became the World IP Day. As Charlie Chaplin once said: "We think too much and feel too little." So, with irises blossoming in the garden of my complex, I will write down some feelings and observations about the new phenomenon in IP protection in China.

More educational and fun books discussing IP protection and awareness are being launched and published.

As a mother, I often try to search for appropriate books for my daughter to read. She likes colorful sketchbooks, which we can read together. She likes to ask questions such as "what is" and "why."

While answering her queries, I point to the pictures in her books and explain them to her. I regard this as quality time between a mother and a child. Recently, I found a series of children's novel called "I Am Also an Inventor."

Each book contains eight stories for children aged between nine and 15 about innovative solutions to solve problems in different aspects of life. The stories are relatively simple such as how to easily open a can.

The stories are laid out in the mind path such as "bringing up the question-thinking." And each story has over 30 colorful illustration pictures to help children understand things better.

After reading this book, my daughter realized that invention and creativity can be found everywhere in life and she doesn't need to be a famous scientist to be regarded as an inventor.

I am very glad to hear that an animation series based on this book collection will be launched in 2021 on the children's channel of China Central Television (CCTV).

Secondly, measures to promote IP protection and IP awareness are more and more dynamic.Today, the China National Intellectual Property Administration (CNIPA) is observing its 15th Open Day - celebrated online for the first time.

After scanning a QR code, I walked into the virtual exhibition hall of the online Open Day. This is a user-friendly online system providing sufficient information of China's development in IP.

For instance, it displays precious historical pictures depicting the scenes of the passing of the landmark Chinese Trademark Law on August 23, 1982.

This is regarded as the first step taken by China to improve its IP legislation. I also saw on display the first batch of patent certificates issued at the Great Hall of the People on December 28, 1985.

Staff of China National Intellectual Property Administration provide services to residents in Beijing, February 3, 2020. /Xinhua

While scrolling though the pictures, I also learned that in August 2018 China launched a four-month special law enforcement activity in the field of e-commerce cracking down on IP infringement and counterfeiting, and effectively addressing the problem of infringement and counterfeiting on online shopping platforms.

The music of this virtual exhibition is soothing, and I feel very proud.The history reflected through the online Open Day demonstrates can-do and down to the earth attitude of people who devoted their lives and beliefs in promoting IP in this country.

The Supreme People's Court of China issued the "Opinions on Comprehensively Strengthening Judicial Protection of Intellectual Property Rights" on April 15, 2020.

It covers different important aspects. For instance, regarding the protection of trade secrets, the Opinions request a correct division of the boundary between civil disputes and criminal crime of infringing trade secrets.

It also requests responsible use of the rules of proofs in civil litigation to lighten the burden of proof of the right holders legitimately.

The calculation scope and method counting "the Massive Loss" should be standardized; the reasonable cost of remedies to reduce commercial damage or re-protect the safety can be used as the basis of "causing massive loss" or "causing especially serious consequences" in criminal cases.

Many typical cases of IP protection are also released to the general public. The High People's Court of Guangdong Province released their 10 typical civil cases of IP protection.

The Beijing Internet Court issued 10 typical cases on the theme of "Green Litigation Promoting Green Development" several days ago.

These measures not only provide good case studies for students attending law schools, they also demonstrate the judicial guidance of understanding and explanations of rules and articles in the specific laws of IP.

In the language of flowers, the iris stands for faith, hope and wisdom. On the World IP Day, irises are blossoming in my complex's garden, and I see faith, hope and wisdom in China's development in IP protection.

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