Deconstructing China’s Guiding Ideology in Regard to Intellectual Property Law

Danny Friedmann

IP controls the rights over technology and innovation, therefore these rights have become a priority for governments all around the world. In particular the US and China have vowed to dominate key technologies such as AI and biotech, and recognize that the great power competition will be won or lost over IPRs.

The General Office of the Central Committee of the Communist Party of China and the General Office of the State Council have promulgated the Opinions on Several Issues Concerning the Reform and Innovation in the Field of Strengthening the Trial of IP Cases on 27 February 2018, see here. Also a circular was issued that calls on localities and departments to conscientiously carry out these guidelines in light of actual conditions.

Since most of the guidelines are based on Xi Jinping’s theories, and after the constitutional amendment chances that Xi will continue to rule as president after his second 5 year term are very high, these theories have gained significant influence for the foreseeable future.

According to the guidelines:

IP protection is basic means to stimulate innovation, and core element of international competitiveness. Thus IP trial by the People’s Court, is important for economic, social and cultural development.

China is clearly a competitor (probably the most ambitious) in the great power competition and understands very well the link between IP and innovation:

“It is of great significance to the building of a powerful IP country and a world leader in science and technology.”

“In order to thoroughly implement the innovation-driven development strategy and national IP strategy, strengthen the creation, protection and application of IPRs, and crack down on institutional obstacles that restrict the development of IP trials, give full play to the incentive and protection innovation of IP trials, and promote the progress of science and technology and social development.”

People’s Republic of China’s guiding ideology in regard to IPR trials is based on the following:

To comprehensively implement the spirit of the plenum (closed-door gathering) of the 19^th National Congress of the CPC;

– take the Socialism with Chinese characteristics for a New Era (Xi Jinping-thought) as a guide;

– firmly establish “four consciousnesses” (consciousnesses of the ideology, the whole, the core and the line);

– promote the overall layout of the “five-in-one” (innovation, coordination, green development, opening up and sharing);

and coordinate and promote the “four comprehensives” (Comprehensively build a moderately prosperous society, comprehensively deepen reform, comprehensively govern the nation according to law, comprehensively strictly govern the Party) strategic layout in an integrated manner;

losely center on the goal of “making the people feel fair and just in every judicial case”;

uphold the principle of justice for the people and fair administration of justice;

deepen the reform in the field of IP trial;

give full play to the leading role of judicial protection of IP and establish that the protection of IP is the concept of protecting innovation, optimizing the legal environment for science and technology innovation, promoting the implementation of innovation-driven development strategy;

and providing strong judicial guarantees for the realization of the “two centennial struggles” (the first one hundred years started when the CPC was founded in 1921 and thus will end in 2021 the goal is to make China into a well-off country; the second hundred years started when the PRC was founded in 1949 and thus will end in 2049 and should by then have built China into a prosperous and strong modern and democratic socialist country with a beautiful and harmonious democracy) goal;

and the building of a powerful IP country and the world’s scientific and technological power.

The rest of the guidelines you can find here.