He, Guo --- "Patents" [2011] ELECD 839; in Kariyawasam, Rohan (ed), "Chinese Intellectual Property and Technology Laws" (Edward Elgar Publishing, 2011)

Book Title: Chinese Intellectual Property and Technology Laws

Editor(s): Kariyawasam, Rohan

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781849800082

Section: Chapter 2

Section Title: Patents

Author(s): He, Guo

Number of pages: 21

Extract:

2. Patents
Guo He1

2.1. THE DEVELOPMENT OF CHINESE PATENT
LAW

In the late 1970s, China started to plan for the establishment of a patent
system. In 1980, the State Council approved the founding of the China
Patent Office and began drafting a new patent law. At the same time,
China was undergoing changes in its approach to the economy and an
intense debate ensued on whether China should promote `capitalism'
through the patent system or pursue `socialism' and whether or not capi-
talism or socialism could harm or benefit the Chinese economy. The debate
shifted back and forth, but in October and November 1980, a symposium
for patent issues and a workshop on patent law were held respectively.
The prevailing opinions arising from these meetings were that the patent
system was a technical system with legal overtones which could be utilized
by a socialist state, and that establishing a patent system in China would
benefit the country. However, even though the 11th draft of the patent law
was delivered to the State Council for opinion in March 1981, there were
still major objections to the law being passed. Drafting of the new patent
law stagnated for more than a year. In 1982, the legislative procedure was
again restarted, and in August 1983, the draft patent law was approved
by a meeting of the State Council and delivered to the National People's
Congress for consideration the following September. On 12 March 1984,
the Chinese Patent Law was finally ...