Minutes - TRIPS Council - View details of the intervention/statement

H.E. Ambassador Dr Pimchanok PITFIELD
313.  China would like to thank South Africa for bringing this important issue to the table, we are glad to take this opportunity to exchange experience and good practices with Members on four of the nine questions listed in South Africa's proposal: 314.  First, regarding Question 1 on the relations between exceptions and limitations and innovation and dissemination of technology. The Patent Law of the People's Republic of China provides for compulsory licensing systems as well as patent infringement exceptions such as patent rights exhaustion, rights of prior use, etc. These exceptions and limitations could help balancing patent holders' rights and public interests, as well as to promote the dissemination and utilization of technologies. 315.  Regarding Question 3 as to how Members address anti-competitive conduct, and structure with respect to e-commerce including the abuse of intellectual property rights, the Patent Law of the People's Republic of China also stipulates conditions that constitute monopoly acts when applying for and exercising patent rights. Such monopoly acts would be handled in accordance with the Anti-Monopoly Law of China. Meanwhile, in order to eliminate or reduce the adverse impact of such behavior on competition, compulsory licensing may be carried out. 316.  Regarding Question 4 as to the rapid expansion in artificial intelligence-related patent applications, how to improve access to such technology, in China, and in the rest of the world emerging technologies are rapidly developing, and the number of patent applications related to those technologies continues to grow rapidly. In this regard, China has adopted a series of measures for patent applicants. For example, in terms of clearer guidance on obtaining patent rights, we keep revisiting and continuously improving the examination standards related to the object, creativity, specification, and claim writing of AI applications. Then, in terms of efficiency on obtaining those patent rights, we provided multiple methods such as priority examination, centralized examination and a Patent Prosecution Highway. In terms of international information sharing, we participated in the discussion on the patent review standards of emerging technologies under multilateral cooperation frameworks, and studied the world's developing trends on overseas applications as well as a reference for domestic applications 317.  Regarding Question 9 on the implications of new business models on IP systems such as streaming services, the rapid development of new industries such as AI, "Internet plus", big data, blockchain and metaverse is impacting on the patent objects, the review rules and many other aspects of IP protection. China will continue to monitor the overall developing trend of new technologies and new business models, and to continuously optimize and improve relevant patent examination policies, examination models and rules, so as to support scientific and technological innovation.
The Council took note of the statements made.
64. The Chair said this item had been put on the agenda at the request of the delegation of South Africa who had also submitted a communication on this topic, circulated in document , in order to allow Members to prepare for this discussion.
65. The representatives of South Africa; China; Tanzania; Djibouti, on behalf of the LDC Group; Indonesia; Australia; India; the European Union; the United States of America; and Switzerland took the floor.
66. The Council took note of the statements made.
IP/C/M/108, IP/C/M/108/Add.1