China is embarking on significant legislative reforms to enhance its intellectual property protection framework, according to announcements from the China National Intellectual Property Administration. Commissioner Shen Changyu revealed on Wednesday that the administration will prioritize legal upgrades to cultivate a more innovation-conducive environment through elevated protection standards.
The comprehensive overhaul includes advancing amendments to integrated circuit layout design regulations and accelerating revisions to the Trademark Law. A draft amendment to the Trademark Law has already undergone preliminary review by the Standing Committee of the National People’s Congress in December, marking a crucial step in the legislative process.
Addressing emerging technological challenges, Shen emphasized the urgent need for robust IP protection in new sectors and the expedited establishment of data-related intellectual property regulations. This initiative responds to the rapid evolution of technologies including artificial intelligence, biomedicine, and advanced internet applications.
Legal expert Liu Bin of Beijing Zhongwen Law Firm endorsed the proposed reforms, highlighting critical gaps in current regulations. “Data has transformed into an essential production factor, yet the absence of clear guidelines creates a paradox where everyone desires to utilize it but hesitates due to legal uncertainties,” Liu noted. He identified pressing challenges including determining ownership of AI-generated content and clarifying rights concerning data circulation and utilization.
Liu advocated for establishing comprehensive data IP protection rules that would clarify legal data sources, define permissible usage parameters, and implement benefit-sharing mechanisms. “These measures are fundamental to safeguarding contributors’ legitimate interests while encouraging corporate participation in data development and innovative applications,” he added.
Recent achievements during the 14th Five-Year Plan period (2021-25) demonstrate China’s progressive trajectory in IP development. The administration completed substantial revisions to the Patent Law and its implementing regulations, establishing a high-standard system for punitive damages against infringement. Updated patent examination guidelines have improved review standards for emerging fields, including artificial intelligence.
Operational efficiencies have shown marked improvement, with invention patent examination periods reduced from 20 to 15 months since 2020. Trademark registration reviews have stabilized at approximately four months, ranking among the fastest globally. Quantitative achievements include surpassing 5 million valid domestic invention patents and reaching 16 high-value invention patents per 10,000 people, exceeding established targets.