Ministry of Science and Technology, Strengthening the Protection and Administration of Science and Technology Related Intellectual Property Several Opinions

Issued: December 13 2000

Main contents: In lengthy paragraphs, the Opinions stress the importance of the intellectual property system and set out several ways to strengthen and reform it. One of the ways is to adjust the policy towards ownership of intellectual property. It is provided that unless otherwise agreed in a contract, the contractor of a State science and technology project may own the intellectual property rights in the scientific and technological achievements derived in the course of performing the project. The invention rights, discovery rights and other rights arising from such projects shall belong to the personnel who make the creative contributions. If the contractor does not take reasonable steps to protect the intellectual property rights, the administrative authority of the project may re-assign the ownership of the intellectual property and make the relevant individuals the preferred assignee of the intellectual property rights (Section Two, Item One). Another way to strengthen the intellectual property system is to support the organization of intellectual property-related services provided by intermediaries such as patent agencies, law firms, technology exchange institutions and asset evaluation institutions (Section Four, Item One). The Opinions also call for close cooperation with judicial and law enforcement institutions to crack down on all types of infringement against intellectual property rights (Section Five, Item Two).
Related legislation: Central Committee of the Communist Party of China and State Council, The Decision on Strengthening Technological Innovation, Developing Advanced Science and Technology and Realizing Industrialization, 1999; PRC, Contract Law, Mar 15 1999, CLP 1999 No.4 p19; PRC, Patent Law (2nd Revision), Aug 25 2000, CLP 2000 No.8 p7; PRC, Copyright Law, Sep 7 1990, CLP 1990 No.9 p26; Protection of Computer Software Products Regulations; PRC, Protection of New Varieties of Plants Regulations, Mar 20 1997, CLP 1997 No.10 p26; PRC, Promoting the Practical Application of Scientific and Technological Achievements Law, May 15 1996, CLP 1996 No.6 p10 and State Council General Office, Transmitting the «Ministry of Science and Technology and Other Ministries, Promotion of the Practical Application of Scientific and Technological Achievements Several Provisions» Circular