The Civil Code, which is scheduled to come into force in January 2021, will exert much influence on China's intellectual property legal system, according to experts.
The new code, which was passed by the National People's Congress in May, is a codification of civil statutes. It comprises 1,260 articles, more than 50 of them related to IP.
Liu Chuntian, a law professor at Renmin University of China, told the Beijing-based newspaper that the Civil Code will have a "fundamental, systematic and decisive role" in China's IP legal system. Its philosophy and principles penetrate every rule in related acts and provide guidance for them, he added.
According to the code, the IP spectrum includes copyright works; patented inventions, utility models and industrial designs; trademarks; geographical indications; trade secrets; integrated circuit designs; and new plant varieties.
IP legislation in China involves both civil rights and administrative management. In contrast, the Civil Code is designed to govern the relations of civil subjects on an equal footing. Therefore, it is hard for the code to incorporate administrative management, said Shen Chunyao, head of the Legislative Affairs Commission of the NPC Standing Committee.
Also, it is hard to generalize about common principles from a variety of IP statutes each with distinct features, Shen added.
Another reason that IP is denied a dedicated section of the code is that its legislation and enforcement have to be adjusted frequently in tune with rapid technological progress.
Source: China Daily
