The nation's intellectual property policy is intended to
ensure market fairness, and it is not biased against foreign
companies, a senior IP official said.
He Zhimin, deputy commissioner of the State Intellectual
Property Office, said that China opposes the abuse of IP rights and
will clamp down on companies that use their IP advantages to gain
"monopolistic and unjustified profit".
He, who is also a deputy of the National People's Congress,
made the comments in an interview with China Daily ahead of the
opening of the top legislature's annual meeting.
The remarks came after the National Development and Reform
Commission imposed a record fine of $975 million on the United
States-based chipmaker Qualcomm Inc for abusing its market
dominance to charge "unfairly high" patent royalties from
The penalty on Qualcomm, the highest fine levied by Chinese
authorities on a foreign company, has rippled through foreign
technology companies, signaling possible tougher regulation in the
He said that the nation's IP right-related standards are in
line with international practice and all companies, both domestic
and foreign, are treated the same without any bias.
The purpose is to build a balanced and inclusive IP system that
takes into account the interests of different parties and the
disparities between China and developed countries, he said.
He said that the SIPO will assist Chinese companies to defend
their interests in foreign markets where they are facing a growing
number of lawsuits over IP disputes.
"Some foreign markets tend to use the IP rules to contain
Chinese enterprises," He said, noting that some disputes are
also due to companies' lack of knowledge about the IP law and
practice in foreign markets.
China has seen the largest number of US investigations involving
alleged patent and trademark infringement over the past 10
The country will carry out a comprehensive overhaul of the
Patent Law to better regulate and protect IP rights as Beijing has
become increasingly serious about IP issues in recent years.
Analysts said that better regulation and protection of IP rights
is essential for China to transform its growth model toward an
The amendment of the law, one of the key subjects to be
discussed at the NPC meeting, will involve better administrative
and judicial protection of IP rights, higher compensation and
tougher punishment for infringement, according to He.
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