Patents
Administrative Measures Regarding Patent Agencies
专利代理管理办法
Issuing Authority:	State Administration of Intellectual Property
Date of Issuance:	June 6, 2003
Effective Date:	July 15, 2003
Source:	www.law-lib.com/law
Patent agencies may take the form of either a partnership or a limited liability company. For a partnership, there should be at least three (3) partners and an investment of RMB50,000, while a minimum of five (5) shareholders and RMB100,000 in capital is required for a limited liability patent agency. Applications for establishment of patent agencies should be filed with provincial level intellectual property bureaus, which in turn forward the applications to the State Administration of Intellectual Property for approval. If a law firm is to apply for a license to engage in the business of a patent agency, it should have at least three (3) attorneys qualified as patent agents.

Patents
Measures Regarding Implementation of Compulsory Patent Licensing
专利实施强制许可办法
Issuing Authority:	State Administration of Intellectual Property
Date of Issuance:	June 13, 2003
Effective Date:	July 15, 2003
Source:	www.law-lib.com/law
According to these Measures, if a party qualified to exploit an invention or a utility model has made requests on reasonable terms for a license from the patent holder but failed to obtain such license within a reasonable period of time, it may apply for a compulsory patent license ("CPL") pursuant to Article 48 of the Patent Law. If a new patent represents a significant technical advance with economic benefits above and beyond a previous patent, but the implementation of the new patent relies to a great extent on the implementation of such previous patent, both the patent holders of the new and the previous patents may apply for CPL against each other under Article 50 of the Patent Law. In addition, the relevant authorities may grant a CPL to exploit an invention or a utility model in the case of a national emergency if necessitated by public interest in accordance with Article 49 of the Patent Law.

Copyright
Reply of General Office of State Development and Reform Commission on Music Copyright Royalties
国家发展改革委办公厅关于音乐著作权使用费问题的复函
Issuing Authority:	State Development and Reform Commission
Date of Issuance:	November 24, 2003
Source:	www.law-lib.com/law
In this Reply, the General Office of the State Development and Reform Commission has clarified that music copyright royalties mean any rewards paid by music users to music owners for use of music, and that the Music Copyright Royalty Standards drafted by the Music Copyright Society of China and approved by the General Administration of Press and Publication in 2000 are for reference use only and are not mandatory. Music copyright royalties shall be determined on a case-by-case basis through negotiations between music owners and music users.

Copyright
Opinions of State Copyright Administration Regarding Copyright Protection of Computer Software
国家版权局关于对计算机软件版权保护问题的意见
Issuing Authority:	State Copyright Administration
Date of Issuance:	July 7, 2003
Source:	www.law-lib.com/law
In reply to inquiries from the Copyright Administration of Zhejiang Province regarding a software infringement case, the SCA confirmed that if a respondent's software is substantially similar to that of the complainant and can not provide the evidence proving the legitimate source of its software, the respondent should bear the liability for copyright infringement. The SCA also explained that the non-infringement defense of limited forms of expression under Article 29 of the Regulations on Computer Software Protection should be based on the prerequisite that the suspected infringing software was independently created and that the alleged infringer has the burden of proving that the relevant forms of expression are limited.

Copyright
Implementing Measures for Administrative Sanctions for Copyright Infringement
著作权行政处罚实施办法
Issuing Authority:	State Copyright Administration
Date of Issuance:	July 24, 2003
Effective Date:	September 1, 2003
Source:	www.law-lib.com/law
The Measures have been amended in line with the PRC Copyright Law, the Implementing Regulations of the PRC Copyright Law and the Regulations on Computer Software Protection. The measures provide a formal definition of "acts of infringements," clarify the "enforcement authority" of the administrative sanctions, reaffirm the concept of "burden of proof assumed by the suspected infringer" and amend the types of "administrative sanctions." The promulgation of the Measures is intended to enhance the transparency of administrative sanction procedures, and to further strengthen administrative sanctions against copyright infringement.

Copyright
Interpretations on Certain Issues Relating to Application of Law in Adjudication of Cases Disputes concerning Computer Network Copyrights
最高人民法院关于审理涉及计算机网络著作权纠纷案件适用法律若干问题的解释
Issuing Authority:	Supreme People's Court
Date of Issuance:	January 2, 2004
Effective Date:	January 7, 2004
Source:	www.law-lib.com/law
The Interpretations revise previous legislation and specify that network service providers may face civil liability if such providers distribute or provide methods or materials through the internet with clear knowledge that such methods or materials are specifically designed to avoid existing copyright owners' intellectual property rights.

Copyright
Opinions of State Copyright Administration Regarding Licensing of Copyright Business
国家版权局关于对著作权经营许可问题的意见
Issuing Authority:	State Copyright Administration
Date of Issuance:	June 4, 2003
Source:	www.law-lib.com/law
In a reply to the Copyright Administration of Hainan Province, the State Copyright Administration confirmed that approval from the copyright administrative authority is not required when engaging in the business buying and selling copyrights. However, the agency business for the cross-border transfer or licensing of China-related copyrights is subject to licensing from the State Copyright Administration.

Trademark
Reply of State Administration for Industry and Commerce on Certain Issues Relating to Supervision of Trademarks Printing
国家工商行政管理总局关于商标印制监管有关问题的答复
Issuing Authority:	State Administration for Industry and Commerce
Date of Issuance:	September 18, 2003
Source:	www.law-lib.com/law
The Reply confirms that printed matters for marks and symbols of both registered trademarks and non-registered trademark are regulated by the Administrative Rules for the Printing Industry. The Reply also states that it shall be deemed an infringement of the right to exclusive use of a registered trademark if a printing enterprise forges or makes, without authorization, marks and symbols of the registered trademark of others, even though the sign of registration of the registered trademark is not displayed.

Domain Names
Announcements on Improving Administration of China's Internet Domain Names
关于加强我国互联网络域名管理工作的公告
Issuing Authority:	Ministry of Information Industry
Date of Issuance:	July 31, 2003
Source:	www.law-lib.com/law
The Ministry of Information Industry ("MII") has made three Announcements relating to the implementation of the Administrative Measures for China's Internet Domain Names (the "Administrative Measures"). The Announcements require that all entities offering domain name registration services must meet the conditions provided in Administrative Measures and must register with the MII. The Announcements also require service providers to verify domain names on file and to promptly remove any illegally used domain names within thirty days of the promulgation of the Announcements. Additionally, the Announcements call for further improvements to the implementation processes for the Administrative Measures.

Domain Names
Notice on Interpretations of the Law Regarding Qualifications of Domain Name Registration Service Providers
关于从事域名注册服务经营者应具备条件法律适用解释的通告
Issuing Authority:	Ministry of Information Industry
Date of Issuance:	November 20, 2003
Source:	www.law-lib.com/law
This Notice further interprets Article 12 of the Administrative Measures on Network Domain Names in the People's Republic of China, and sets out detailed requirements for service providers that apply for permission to engage in domain name registration services in China. For example, an applicant must be a legal person that has an ICP license, has at least RMB 1 million registered capital, and employs at least five (5) technicians and ten (10) customer service personnel. Applicants must also meet other requirements to ensure standardized domain name registration and online security.

Domain Names
Notice of Ministry of Information Industry on Publication of Domain Name Registration Service Providers Qualified for Registration of .cn Domain Name
信息产业部关于公布符合从事.cn域名注册服务条件的域名注册服务机构的通告
Issuing Authority:	Ministry of Information Industry
Date of Issuance:	November 24, 2003
Source:	www.law-lib.com/law
The Notice lists the names and contact information of 13 domain name registration service providers that are qualified to register domain names with .cn and which have been duly recorded with the MII.

Others
Notice on Issuance of Intellectual Property Protection and Management Guidelines in the Construction Survey, Design, and Consulting Industries
关于印发《工程勘察设计咨询业知识产权保护与管理导则》的通知
Issuing Authority:	Ministry of Construction and State Intellectual Property Office
Date of Issuance:	October 22, 2003
Effective Date:	October 22, 2003
Source:	www.law-lib.com/law
The Guidelines are issued as a reference for the protection and management of intellectual property for enterprises in the construction survey, design and consulting industry. The Guidelines provide information on the types of intellectual property rights involved in the processes of construction survey, construction design and construction consulting; how ownership of these types of intellectual property rights is determined; how an enterprise should protect and manage its intellectual property rights; and what constitutes intellectual property infringement together with a description of the various punishments.

Others
Notice on Issuance of Intellectual Property Administrative Measures for the Transportation Industry (Trial)
关于发布《交通行业知识产权管理办法（试行）》的通知
Issuing Authority:	Ministry of Communications
Date of Issuance:	November 18, 2003
Effective Date:	November 18, 2003
Source:	www.law-lib.com/law
The Notice states that the Measures apply to all enterprises and organizations in the transportation industry and are intended to strengthen the management, protection and exploitation of intellectual property rights. The Measures state: how ownership of certain intellectual property rights is determined; how an enterprise should protect and manage its intellectual property rights; what duties of transportation administrative agencies are subject to with respect to intellectual property protection and management; what awards should be given for employees who create inventions; and what punishments will result from violation of the Measures.

Others
Notice of Shanghai Municipal Government on Issuance of Opinions on Further Strengthening Work with respect to Intellectual Property in Shanghai
上海市人民政府印发关于进一步加强本市知识产权工作若干意见的通知
Issuing Authority:	Shanghai Municipal Government
Date of Issuance:	July 29, 2003
Source:	www.law-lib.com/law
Twenty-three measures covering six major aspects are provided for in the Opinions as guidelines for promoting intellectual property ("IP") in Shanghai over the following five years. The six major aspects are: enhancing competitive competence of enterprises by strengthening work with respect to IP; training IP professionals through college education and scientific research institutions; promoting IP awareness in society at large; establishing an IP information service platform; developing the IP service market; and improving IP administrative systems.

Others
Regulations of the People's Republic of China on Customs Protection of Intellectual Property Rights
中华人民共和国知识产权海关保护条例
Issuing Authority:	State Council
Date of Issuance:	December 2, 2003
Effective Date:	March 1, 2004
Source:	www.law-lib.com/law
In accordance with the Customs Law of the People's Republic of China, these Regulations grant customs protection for trademark rights, copyright and copyright-related rights and patent rights (collectively referred to herein as “IP rights”) in connection with the importation or exportation of goods. Customs protection involves both registration of IP rights and detainment of goods suspected of infringement. China prohibits any cross-border trade of goods infringing IP rights. In dealing with the registration of protected IP rights, the General Administration of Customs shall decide whether to accept the owner's application within thirty business days. The customs registration period lasts for ten years, and may be extended for another ten years upon application if the concerned IP rights are still effectively protected by relevant laws and regulations. If there are any changes to registered IP rights, the owner of such rights shall report them to the General Administration of Customs within thirty business days. If goods being imported or exported are suspected of infringement, the owner of potentially infringed IP rights may request that local customs authorities detain the concerned goods. Authorities may detain such goods upon receipt of a request, evidentiary documents supporting such requests, and a security deposit for the value of the concerned goods. Authorities shall release detained goods if a court request for enforcement assistance is not received within twenty business days thereafter. If customs authorities suspect goods of infringement upon registered IP rights, they shall inform the owner and detain the concerned goods if the owner submits an application and sufficient security deposit within three business days. Additionally, customs officers shall conduct an investigation within thirty business days to determine whether or not infringement has in fact occurred. By submitting a security deposit equivalent to the value of the detained goods, the consignor or consignee may request that customs authorities release detained goods. If customs authorities accept such a security deposit, determines that there was no infringement, or does not receive a court request for enforcement assistance within fifty business days after detainment of the goods, they shall release the detained goods. After applying for customs protection, the owner of IP rights may request a court injunction to force termination of the infringement or the attachment of detained goods. Customs authorities may confiscate goods determined of infringement. Such confiscated goods may be assigned to public welfare institutions, sold to the owner of infringed-upon IP rights, publicly auctioned after the symbols of infringement are removed, or destroyed if such symbols are irremovable.

Others
Notice on Special Administration of “Pirate Servers” and “Cheat Programs”
关于开展对“私服”、“外挂”专项治理的通知
Issuing Authority:	General Administration of Press and Publication，Ministry of Information Industry, and State Administration for Industry and Commerce
Date of Issuance:	December 18, 2003
Source:	www.law-lib.com/law
Infringement activities with respect to “pirate servers” and “cheat programs” include attacking the technical protection measures of internet games, operating internet games which have been legally published and whose copyright is owned by others, modifying program data , setting up unauthorized server networks or manufacturing counterfeit pre-paid game use cards without permission in order to make a profit. The Notice provides three stages of this special administration: the Publicity Stage (from December 20 to December 31, 2003), the Implementation Stage (from January 1 to February 29, 2004) and the Review and Evaluation Stage (from March 1 to March 15, 2004). During the Implementation Stage, business locations dealing in pirated CD-ROMs and illegal pre-paid cards will be investigated; pirated CD-ROMs, illegal pre-aid cards and related materials will be confiscated; and the enterprises duplicating pirated CD-ROMs and manufacturing illegal pre-paid cards will be subject to punishment.