Vice Chairperson of NPC Standing Committee Ms. Yan Junqi,
Minister of SAIC Mr. Zhou Bohua, and
Vice President of the Supreme People’s Court Mr. Xi Xiaoming
were present and delivered speeches
On August 23, Law Committee of NPC, the Supreme People’s Court and SAIC jointly held a seminar in the Great Hall of the People in celebrating the promulgation of Trademark Law for thirty years. Vice Chairperson of the NPC Standing Committee Ms. Yan Junqi was present and delivered speech there. Minister of SAIC Mr. Zhou Bohua attended the seminar and required AICs at all levels to start from a new historical point, to comprehensively improve trademark registration and management efficiency, to strongly promote the change from a big trademark country to a strong one, and to make greater contributions for quickening the transformation of economic development mode and the construction of an innovative country, and to welcome the convening of the 18th congress of CPC in an excellent achievement. Vice president of the Supreme People’s Court Mr. Xi Xiaoming also attended the seminar and made speech.
Deputy Director General of WIPO Ms. Wang Binying has specially sent letter of congratulations for the seminar and highly recognized the great achievement of China’s trademark work since the promulgation of Trademark Law 30 years before.
Ms. Yan Junqi showed her thanks and greetings to all the cadres and the common people in her speech, for their serious implementing Trademark Law, their concerns and supports for trademark work, their selfless contributions and continuous discoveries for trademark laws and regulations’ implementation. She mentioned that all sectors and regions, especially the AICs at all levels seriously learnt and implemented Trademark Law and done lots of fruitful works, which made the law implementation a good effect, the trademark work a legal orbit, the trademark cause a constant, steady and healthy development. She hoped to enhance the promotion of Trademark Law, to strengthen supervisions and inspections to Trademark Law’s implementation, to carry out series implementing regulations, to elevate the public’s trademark awareness, to activate the social innovative vitality in the further and to provide inexhaustible power for quicken the promotion of an innovative country construction. She indicated to closely integrate trademark work with all other works in the field of national economy, culture, science and technology and trade, to further enlarge the implementing effect of national Intellectual property strategy, to foster a batch of China Brands with international influences, and to further enhance the real effect of trademark work. She also hoped to closely combine national economic and social development, to deepen trademark laws theoretical researches and practice innovations, to actively made the third revision of Trademark Law and to constantly improve trademark related legal system for the constantly development of China’s trademark work.
Mr. Zhou Bohua indicated in his speech that thirty years before, on August 23, the 24th session of the fifth NPC Standing Committee examined and adopted Trademark Law, which opened a new chapter for the prosperous development of China’s trademark. For the thirty years, under the right leadership of CPC Central Committee and the State Council, the great support of relative departments and all sectors of the society, with the quick development of socialist market economy, the importance of trademark has been paid great attentions, Trademark Law has been deeply implemented, trademark’s role in promoting economic development has been more and more obvious, and the trademark work has achieved splendid results.
Mr. Zhou Bohua summarized the thirty years’ main achievements of China’s trademark work. First is trademark legal system has been completed preliminarily. A modern trademark legal system complete in content, perfect in system, on the basis of Trademark Law has been formed, which provides a strong legal support for the development of trademark work. Second is the social awareness to trademark has been greatly enhanced and the environment for implementation and protection of trademark has been constantly optimized. By the end of this first half, China’s accumulative trademark applications reached 10.54 million, accumulative trademark registrations reached 7.17 million and registrations in force reached 6.09 million, and the three figures all ranked top of the world. Third is the remarkable improvement of trademark registration efficiency has provided high quality and efficient services to applicants. In 2003, SAIC launched China Trademark Website. Trademark examination and review backlogs have been solved completely and the examination period has been limited to 10 months currently, the time for opposition was within 20 months and for review was within 18 months. Fourth is the protection to trademark exclusive rights has been constantly deepened, the Chinese characteristic double tracks system established by Trademark law to provide administrative enforcements and judicial protections has been continuously improved, which greatly protect the socialist market economic order. Fifth is trademark strategy has became a new shining point for AICs to serve the development, which elevated from AICs individual action to government behavior and played more and more important role in promoting the economic and social development. Meanwhile SAIC has issued and implemented trademark pledge recording and administrating rules to make contributions for enterprises in tackling Finance Crisis and solving the problem of Financing. It also enhanced the registrations, protections and promotions to GI marks and Agricultural Products marks to serve the socialist new rural area constructions and play a daily important role in promoting the economic development.
For next stage works, Mr Zhou Bohua required AICs at all levels to insist in the scientific development outlook, enhancing the efficiency construction as the effective method, comprehensively promote the level of trademark registrations, implementations, protections and managements, to push forward a breakthrough of trademark work, to constantly make new contributions for serving economic, social and scientific development.
First is to insist in the objective to serve the development of economy, society and science, and to seriously perform the duties for trademark registrations and managements. AICs shall further promote trademark’s economic values and social values as an intangible asset, focus on serving market entities, regional economic developments, economic development mode transformations to enhance the registrations and protections to GI marks and agricultural products marks, to construct and perfect trademark oversea rights protection mechanism, and to strive to elevate national economic market levels and international competitiveness.
Second is to insist in efficiency constructions to promote trademark work efficiency. AICs shall comprehensively elevate their efficiencies in trademark service development, registration management, supervision enforcement, lawful administration. It shall be guaranteed the objective that the trademark work achieve international level by the end of this year. AICs shall actively discovery an examination and review work mechanism suitable with the nearly promulgated newly revised Trademark law, quicken the construction of trademark protection long term mechanism, and try to complete a systematic, standard, procedural, legal long term mechanism for the implementation of trademark strategy. AICs shall further improve the qualities of the cadre teams, and comprehensively elevate their competency and combat power.
Third is to insist in further promoting of trademark strategy implementation, comprehensively improve the levels for trademark registrations, implementations, protections and managements. AICs shall further instruct and support market entities regularly and effectively use trademarks, enhance the protections to trademark exclusive rights, try to construct a trademark protecting system in which enterprises self-protected, administrative authorities act legitimate protections and societies supervised the protections, elevate the promotional effects of trademark strategy implementation model works, and comprehensively improve the whole level of trademark strategy implementations.
Fourth is to insist in the guarantee of a completion of trademark legal system, and improve legitimate administration efficiencies. AICs shall seriously make the revisions to Regulations for the Implementation of Trademark Law and other associated regulations and decrees to promote the completion of trademark legal system. AICs shall also carry out the supervisions and obligations in their enforcement to protect the lawful, standard and fair trademark registration management and enforcement and to comprehensively improve the level of enforcement according to laws.
Mr. Xi Xiaoming mentioned in his speech that trademark cases have been an important part of Intellectual Property trials in People’s Court. The courts at all levels fully performed their duties, examined cases according to laws and timely solved all kinds of trademark disputes. From 1985 to 2011, 56 069 trademark rights related civil or administrative cases were accepted and 53 595 were concluded, which creates a good image of judicial protections to intellectual property. The courts also fully played their role of examinational instructions to constantly improve examination system and criteria to promote a unified, standard and fair trademark judicial trial system. The courts enhanced their judicial protections to trademark rights to promote the competitive, innovative and inclusive increase of socialist market economy. He required the Courts at all levels to fully play the role of constructors and protectors in promoting socialist cultural development and prosperity and the independent harmonized development of economy to make great contributions for the implementation of Trademark Law and the construction of a strong trademark country.
Vice Minister of SAIC Mr. Fu Shuangjian host the seminar. Assistant Minister of MOFCOM Mr. Fang Aiqing, Vice Commissioner of SIPO Mr. Gan Shaoning, and Chairman of COFCO Mr. Ning Gaoning respectively attended the seminar and made speeches. Deputy Director of Law Committee of NPC Mr. Li Fei, and President of CTA Mr. Liu Fan were present at the seminar. Cadres, experts, representatives from enterprises, associations, agencies and foreign missions in China, more than 150 persons also attended the seminar.
the original contents from SAIC.