Shanghai Expats are feeling a bit language-challenged in Shanghai’s taxis, buses and shopping venues, according to a report released recently. Read More…
Foreigners and overseas Chinese who hold a Shanghai residence card and stay in a work contract with a Shanghai employer can now enjoy the city’s social security and benefits, just as their local counterparts do. Read More…
Shanghai’s population is expected to grow to 19.5 million in 2010, about 3 percent more than last year. And by 2020, the city’s total should hit 23 million, due to an increase in births, a large influx of new residents and longer life expectancies, according to a conference recently held by the Shanghai Population and Family Planning Commission. Read More…
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A recent survey by ECA International, a London-based human resources consultant, ranked Beijing as the 31st most expensive city for expatriates in the world, surpassing Hong Kong to become the most expensive city in China. Read More…
The large-scale report of “China in World’s Eyes” was issued in Beijing recently. Foreigners from more than 20 countries around the world were surveyed in the report.
When asked which can represent China best, most foreigners chose the Great Wall, Kung fu and Chinese food; and 21% of them considered the Great Wall as the best thing representing China. Influenced by Hollywood films, foreigners were greatly impressed by Kung Fu; many of them even thought most Chinese could play Kung Fu.
The report reveals that foreigners’ impression of China mostly come from films and other pop culture, which are very superficial. Compared with Chinese people’s knowledge about America and Europe, foreigners know too little about China.
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33% of the Chinese recipients of the survey thought the four great inventions of ancient China–compass, printing (movable type), gunpowder and papermaking, can represent China best. However, foreign interviewees did not seem to know the four great inventions very well, and only 6% of them voted for the four great inventions. In addition, traditional Chinese medicine only got 2% of votes due to lack of communication with world.
As for the animals that can represent China best, dragon and panda incontrovertibly lie in the top two with ratings of 45% and 42%.
Less than three months after the Chinese State Council put its stamp on the patent law reform blueprint, the government submitted the draft amendment to the Standing Committee of the National People’s Congress (NPC), China’s top legislature, for first reading recently.
This will be the third revision to the law promulgated some 25 years ago. The previous two amendments were made in 1992 and 2000.
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The latest amendment is expected to bring the law up to date and facilitate the application process of new patents by domestic as well as foreign entities.
Tian Lipu, commissioner of the Chinese State Intellectual Property Office, said the amendment to the Patent Law would make several important changes to the application process and enforcement of the law.
An important change involves the new restrictions that bring the law in line with best international standards and applications. In the past, patents were granted to applicants as long as the products were not on sale or publicly known in China. Under the proposed amendment, the patents of such products would not be granted in “absolute” terms, requiring that they are already registered overseas.
“The newly revised draft of Patent Law reflects that China is becoming more global and the desire by the authorities to comply with international IPR standards,” said Jessica Zhu, patent specialist of Jones Day, a US international law firm.
For example, the absolute novelty standard has long been adopted in Europe and the US. “The application of this standard in China can provide better protection of foreigner applicants in China,” she said.
Another important change is the proposed removal of the statutory requirement for all Chinese individuals and entities to first file applications in China for inventions made in the country. The revision would allow Chinese individuals and entities to file their patents for the first time in other countries, not necessarily China.
The draft amendments also put forward harsher penalty for piracy acts. Violators would be fined four times their illegal gains or face a fine of up to 200,000 yuan (about 29,200 U.S. dollars) if the have no illegal gains. The current figure for the penalty is three times and 50,000 yuan (around 7,300 U.S. dollars) respectively.
China has begun to restrict visas for foreign visitors. The Washington Post presents several perspectives on why this is happening, including Olympic security concerns and a growing sense of nationalism among Chinese.
On paper, the visa rules for China have always been strict. But in recent years, foreigners could turn to a thriving gray market for their immigration documents. For a small fee, agencies would gather all the paperwork required for coveted visas allowing visitors to remain in the country for as long as a year.
That abruptly ended in April.
China all but stopped issuing multi-entry visas and began requiring tourists to submit documentation such as hotel reservations, plane tickets and other information. Police officials also began randomly stopping foreigners in the street and questioning them about their status in the country. Immigration officials increasingly made unannounced visits to companies to check the paperwork of foreign employees.
Market Watch also published a brief article on CIBT, that also claims that visa regulations are becoming more complex.
Mr. Diehl cautioned Olympics-bound travelers that “going directly to the Chinese Embassy or consulates to obtain visas has proven frustrating for many individuals and groups who have been turned away due to the lack of proper support documentation often resulting in multiple return trips. Sending your application by mail is even riskier. Until recently, a Chinese visa was valid for one year and permitted multiple entries. Now, people need official invitations, flight and hotel confirmation, and in some cases bank statements and other documents to apply for a visa.”
In addition to frustrated potential visitors to China, the economy is also experiencing difficulties due to the new visa restrictions. The Wall Street Journal reports on the vacant hotels in Beijing, built for Olympic visitors and other tourists who are now hampered from entering China.
The worries about a possible glut have grown in recent weeks. Many of Beijing’s newest hotel rooms are sitting empty following the government’s tightening of visa restrictions as part of public-safety measures tied to the Olympics. Even during the Games, occupancy rates may not be as high as originally predicted. The tourism bureau says that more than three-quarters of Beijing’s five-star hotels are booked for the Olympics, but at four stars, less than half the rooms are reserved.
China has promulgated its own intellectual property strategy, which is aimed at promoting innovation and the use of new technologies by China’s industries. Following is an introduction of the country’s intellectual property system:
Science and civilization in China have lasted thousands of years. As a profound tradition, knowledge and intellectuals have been truly respected. Chinese people have zealously advocated innovation. Papermaking, gunpowder, the compass and movable type printing are four gifts China contributed to the world, which have changed the history of mankind. Those inventions have been recounted in children’s books, alongside Thomas Edison’s bulb, Alexander Graham Bell’s telephone and the Wright brothers’ airplane.
However, Chinese science and civilization has declined over the past four centuries. Why did it happen? One of the key reasons is that knowledge and technology was not perceived as a commodity, and a modern intellectual property (IP) system was not established in China until the 1980s. Comparatively, Europe boasted an IP system as early as the 17th century, which boosted the development of the Industrial Revolution. Therefore, an IP system is a basic guarantee for the enhancement of a country’s innovation and is of great significance to economic development and social progress.
Accompanied with the technological revolution and economic globalization, IP has gradually become a strategic resource and core to competitiveness. China has learned a bitter lesson from centuries of backwardness. People have realized that more importance should be attached to the IP system, which is essential for the country’s sustainable development.
Three decades ago, a modern IP system emerged in China with the implementation of Reform and Opening-up. China promulgated the Trademark Law in 1982, the Patent Law in 1984 and the Copyright Law in 1990. Over the past 20 years, China also enacted laws to protect Geographical Indications, Trade Secrets, New Plant Varieties and Layout Designs of Integrated Circuits. After its accession to the World Trade Organization (WTO) in 2001, China amended its IP laws in line with its commitments, which, at present, accords with WTO standards.
From then on, great efforts have been exerted by Chinese courts and government agencies to effectively enforce the law. Since the 1990s, the number of foreign patent applications filed in China has increased more than five-fold, among which, patents filed in China by American companies have seen an average annul growth of 19 percent. By 2006, foreigners’ registered trademarks in China had reached 490,000. Multinational companies (MNCs) have set up an increasing number of R&D centers in China. All these demonstrate that IP laws have been enforced firmly in China, which is applauded by foreign investors.
Since the end of 20th Century, the knowledge-based economy has seen rapid development. More than half of the GDP of the Organization for Economic Cooperation and Development (OECD) member states comes from knowledge-based industries. In 2006, IP made up more than one third of the U.S. enterprise’ value, almost equivalent to half of the U.S. GDP. It’s widely acknowledged that economic development of countries such as the U.S. was greatly enhanced by innovation. Consequently, IPRs have become an important issue of international trade. Therefore, a large number of countries have shown increasing concerns about intellectual property rights (IPRs). For instance, Japan implemented an IP strategy in 2002.
Over the years, the Chinese government has been promoting industrial innovation. Statistics show domestic patent applications have increased nearly 20-fold since the 1990s. This means if infringement occurs, Chinese companies are also victims. Hence they have raised higher demands for IPrs protection. At present, more than 90 percent of IP lawsuits are filed by domestic enterprises. Therefore, it’s imperative for China to maintain a fair market, which protects IPRs and inspires innovation.
It’s hoped that via the implementation of the strategy, all innovations will be respected and more wealth will be created. It’s also hoped that the country will be turned into a dreamland for inventors and innovators from around the world. First, Chinese IP law and public policies will be optimized. The amendment of the Patent Law, Trademark Law and Copyright Law has been listed in the Chinese government agenda, which plan to legislate on the protection of Genetic Resources, Traditional Knowledge and Folklore, ensure the rights of Reasonable Use in case of education and R&D and formulate IP-related policies conducive to the development of relevant industries and regions. It shares the view with the U.S. Supreme Court that the abuse of IPRs will be prohibited. In order to ensure sufficient market competition and guarantee consumers’ rights and interests, an anti-abuse law is highly required.
Moreover, it’s a priority to boost the creation and usage of IPRs. The government encourages companies in creating and using IPRs and welcomes MNCs to be engaged in state technological innovation projects to obtain market reward with IPRs. Particularly, the government supports foreign companies in setting up innovation-based business in China and embraces inventors all over the world in realizing their innovative ideas.
Furthermore, China is to strengthen enforcement of IP laws. Law enforcement faces various difficulties in all countries. To more efficiently enforce the IP law, Chinese People’s Courts will keep playing a leading role, and government agencies will fulfill their duties. Finally, a profound understanding of the significance and value of IPRs has a great bearing on China’s future. Therefore, China is going to foster an environment that encourages innovation and boosts awareness of IPrs. In addition, the country’s education will emphasize the enlightenment of creative thinking, the cultivation of innovation and inspiration.
When Thomas Edison’s bulb enlightened the U.S. in 1879, China was still in the Dark Ages. Not until the 1980s had a comprehensive IP system been established in China. As for IP legislation, China in just a few decades completed the foundations that developed countries had spent centuries building, which displays the strong determination and painstaking efforts China has spent in establishing and improving its IP system.
However, it’s well known that carrying out such a system is costly, and the system and its implementation must reflect the level of economic development. As a developing country with per capita income lower than the world average, it’s not surprising that China would lack the ability and law enforcement resources to effectively implement the system. Therefore, it would be too much to ask for the current level of IP protection in China to reach that of developed countries.
Chinese government acknowledged that an IP system is of great importance to innovation. As Abraham Lincoln once declared, “The Patent System added the fuel of interest to the fire of genius.” However, the basic principle of IP protection is to keep a balance between the right holders and the public. The ultimate goal of an IP system is the peace and common development of mankind. All of the world should adopt an appropriate strategy and build a comprehensive IP system to encourage innovation, boost the application of knowledge and ensure a fair market. IPRs should neither obstruct information dissemination and free trade, nor harm the public interest.
Chinese government holds that developed countries bear obligations of technological transfer, and the generation of IPRs comes along with its intrinsic social responsibilities. Current world crises of energy resources, food, climate change and environmental protection, are all tied in with IPRs. To handle these challenges, each member of the global village must work closely with a broader outlook, and shoulder common but different responsibilities. Only this way, can we realize mutual benefits and peaceful development, and embrace a better future for all humanity.
