Ministry of Construction and State Intellectual Property Office, Protection and Administration of Intellectual Property Rights in Project Surveying, Design and Consultancy Businesses Guidelines

Issued: October 22 2003
Applicability: Intellectual property rights is defined to include: copyright and rights related to copyright; patents; proprietary technology rights; rights related to commercial secrets; trademarks and related rights of distinctive signs; and other intellectual property rights enjoyed by enterprises according to state laws and regulations or as agreed upon in the contract (Item 1.2).

Main contents: The Guidelines promote the protection of intellectual property rights in project surveying, design and consultancy businesses. Part Two of the Guidelines details the scope that an intellectual property right covers. For instance, copyright in project surveying, design and consultancy includes copyright of such documents as bidding proposals and project proposals (Part Two). Part Three details the principles for determining the ownership of different kinds of intellectual property rights.
Parts Four to Six detail the actual mechanism for protection and administration of intellectual property rights, infringement and the handling thereof as well as rewards for contributions and punishments for infringements.
Related legislation: PRC Copyright Law (Revised), Oct 27 2001, CLP 2001 No.10 p53; PRC Copyright Law Implementing Regulations, Aug 2 2002, CLP 2002 No.8 p75; PRC Patent Law (2nd Revision), Aug 25 2000, CLP 2000 No.8 p7; PRC Patent Law Implementing Rules (Revised), Jun 15 2001, CLP 2001 No.7 p53; PRC Trademark Law (2nd Revision), Oct 27 2001, CLP 2001 No.10 p75; PRC Trademark Law Implementing Regulations, Aug 3 2002, CLP 2002 No.8 p85; PRC Anti-unfair Competition Law, Sep 2 1993, CLP 1993 No.9 p31; PRC Contract Law, Mar 15 1999, CLP 1999 No.4 p19; PRC Promoting the Practical Application of Scientific and Technological Achievements Law, May 15 1996, CLP 1996 No.6 p10; Protection of Computer Software Regulations, Dec 20 2001, CLP 2002 No.1 p14 and State Council, Administration of Construction Survey and Design Regulations, Sep 25 2000, CLP 2000 No.9 p5