Latest Developments in Intellectual Property in China - 1995/6

Linklaters & Paines (NMSW)
23 August 1995

Overview

The last 12 months have witnessed the attempted implementation by China of various commitments made to the US for improving IPR protection within the PRC, pursuant to the Memorandum of Understanding for Improved Protection of Intellectual Property and its 22 page Action Plan signed in February 1995.

The pace of implementation has not been as fast as the US would like, notwithstanding regular meetings and negotiations of US and Chinese trade officials throughout the year.

New Customs Regulations

A major step forward was the issuing of regulations On The Customs Enforcment of IPRs, which came into effect on 1 October 1995. Under this scheme, Customs officers are empowered to seize goods intended for import or export, where those goods appear to infringe the IPRs of others. IPR proprietors may notify relevant IPRs (including copyrights and PRC registered trade marks or patents) to the Customs authorities; each