Who is the Winner ? ——IPR Review in S & T Cooperation: Who is the Winner ? ——IPR Review in S & T Cooperation Prof. DUAN Ruichun State-owned Assets Supervision and Administration Commission (SASAC )


Slide2: Director General, Dept. of Policy and Law of State S & T Commission / Ministry Director General, IPR Office of State Council Conference Chief Negotiator in China Entry WTO / IPR Negotiations Vice Minister Official of State Own Assets Supervision and Administration Commission of State Council


S & T Cooperation Agreement Between China and USA: S & T Cooperation Agreement Between China and USA First Agreement after Recover Diplomatic Relation in Jan. 1979 Contribute more to Both Countries’ Science and Technology Communities. One Issue had not Clearly Regulated in the Relationship: IPR


Where the First fighting in IPR Occurred Between China and USA?: Where the First fighting in IPR Occurred Between China and USA? The Annex of S & T Cooperation Agreement Condition of Technology Transfer Ownership and Sharing of IPR conducted under the Joint R & D Results The Treatments for the Differences of IPR Legislation in Two Countries.


Main Issues in IPR NegotiationRelated to China WTO Entry : Main Issues in IPR Negotiation Related to China WTO Entry Standard and Level of IP Protection in Legislation IPR Enforcement in China and Action Plan Marketing Access of Foreign IPR Products The stories of Special 301 of 1995 ~ 1998: Announces of Sanction and Countersanctions


THREE PRINCIPLES for IPR Insures: THREE PRINCIPLES for IPR Insures EQUALITY AND MUTUAL BENEFIT BASED ON NATIONAL CONDITION CLOSE TO INTERNATIONAL RULES Governmental S & T Agreement with 98 Countries Reach the Requirement of WTO in Legislation Shaping Better Platform for Cooperative Affairs


Important Issues on IPR Five Years After Entry to WTO: Important Issues on IPR Five Years After Entry to WTO Innovation and IPR Raising to National Strategy Big Leap of Legislation in Accordance with TRIPS IPR Business Scope Ranked World Top Level More IPR Institutes and Enterprises Coming up


Slide8: IPR Legislation in China


Problems in IPR Eforcement: Problems in IPR Eforcement Big Leap Steps in connection with Many Blank Pages Such as Changing Social Conceptions, Designing Implementing Rules, Making of S & T Policies, Training of Enforcement Teams, Learning of Judicial Experiences, Establishing of Legal Environments, Supporting to IPR-based Enterprises


Evaluation on IPR Infringements and Piracies : Evaluation on IPR Infringements and Piracies More damages to domestic industry than foreign investment, More harmful on spirits and morality than substance aspects More negative impacts In long-term course than current affairs Crackdown IPR Infringements is very Important to Improve the Environment for China’s Innovation and Mutual Cooperation. MY OPINION : MAINSTEAMS?


New Steps in IPR : New Steps in IPR National IPR Strategy Up to 2020 will be Issued and Carried Out by State Council IPR Protection Action Plan 2006 ~ 2007 Issued by National Leading Group The 11th Five Year National Plan for Economic and Social Development (2006-2010) Adjusting Economic Structure Based on Innovation


Slide12: Conclusion Let us join our hands to strengthen our ties in cooperative innovation and IPR protection so as to make great progress and reach win & win and co-prosperity.