WORLD TRADE
ORGANIZATIONIP/C/W/374/Add.2
14 October 2002
(02-5549)
Council for Trade-Related Aspects
of Intellectual Property RightsOriginal:   English
REVIEW OF LEGISLATION
Responses from China to questions posed by Korea, Japan and the United States
Addendum
By means of a communication from the Permanent Mission of the People's Republic of
China, dated 16 September 2002, the Secretariat has received copies of the following responses to the
questions posed by Korea, Japan and the United States, as circulated in documents IP/C/W/380,IP/C/W/362/Add.1 and IP/C/W/365/Add.1, respectively.
_______________
KOREA
Due to the timespan for us to answer the questi ons (China received the questions from Korea
on 13 September 2002), we did not have enough time to answer all the question raised;  the following
answers cover the major part of the questions.  China will submit answers to the remaining questions
as soon as possible to facilitate the review of legislation of China under the TRIPS Council.
A. T
RADEMARKS
1. Article 10 of the Trademark Law stipulates that foreign geographical names that are
well-known to the public shall not be used as trademarks but may be used exclusively as
certification marks.  Does this indicate that geographical names registered as certification
marks have distinctiveness?  Also, do certification marks give the kind of protection to
geographical indications as stipulated in Article 22.1 of the TRIPS Agreement?
[No response received]
2. How does the Chinese Trademark Law implement Article 23.2 of the TRIPS
Agreement?
Under the new Trademark Law, Articles 16 and 28 provide that the Trademark Office, i.e.
the trademark registration authority in China, shall,  ex officio, refuse a trademark application if it
contains a geographical indication.  The requirement in paragraph 2 of Article 23 of the TRIPS
Agreement has been fully met in Chinese trademar k legislation in that the Law permits both the
Trademark Office to act ex officio and the interested parties to request the Trademark Office to act
under Article 30 or 41.IP/C/W/374/Add.2
Page 2
3. Concerning Article 13 of the Trademark Law, how do the terms "liable to create
confusion" and "misleading the public" differ from each other?  How is this provision
implemented in practice?
[No response received]
4. With regard to the conditions for the recogn ition of well-known marks stipulated in
Article 14 of the Trademark Law, is it required that trademarks be known both to consumers
and in the relevant sectors?  Or would it be sufficient for a trademark to be known only in the
relevant sectors?
[No response received]
5. Article 44 of the Trademark Law stipulates that a trademark’s registration will be
cancelled if the trademark is not used for thr ee consecutive years.  Does China recognize any
circumstances that may arise independently of the will of the trademark owner, that may
constitute an obstacle to the use of the trad emark?  Could such circumstances provide valid
reasons for non-use, as stipulated in Article 19 of the TRIPS Agreement?  And under what
situations would the use of a trademark by anot her person be considered by China as meeting
the requirements of the use of the trademark for the purpose of maintaining the registration?
[No response received]
B. PATENT
6. Please explain in detail the meaning of the te rm "practical applicability" in Article 22 of
the Patent Law.  How does this differ from "industrial applicability"?
Article 22 of the Chinese Patent Law stipulates that "Practical applicability means that the
invention or utility model can be made or used and can produce effective results".  The Guidelines of
Examination promulgated by the State Intellectual Property Office of China further provide that
"Practical applicability means that the invention or utility model can be made or used in the industries,and can produce effective results", "The industries include the agriculture, forestry, aquaculture,
stockbreeding, transportation, as well as the industries related to culture and sports, consumer goods,
and medical instruments, and so on ".  Therefore, th e term "Practical applicability" in Article 22 of the
Chinese Patent Law is identical in substance with "industrial applicability".
7. Does China grant patent protection for inventions in all fields of technology?  If there
are exceptions, please describe the exception s and explain how these exceptions comply with
Article 27 of the TRIPS Agreement.
See answer to the Question 1 posed by Switzerland.
8. Please explain the protection of micro-organisms under the Patent Law.
The Chinese Patent Law and its Implementing Regulations do not exclude micro-organisms
from patent protection.  Therefore, any micro-organism involved inventions, can be the subject of
patent protection, so long as they comply with the requirements provided for in the Chines Patent Law
and its Implementing Regulations.
9. Please explain the detailed conditions for permitting compulsory licences in China.IP/C/W/374/Add.2
Page 3
(1) The following provisions in the Patent Law of the People’s Republic of China and its
Implementing Regulations are relevant to the compliance with Article 31(b) of the
TRIPS Agreement:
Article 48 of the Patent Law stipulates that "Where any entity which is qualified to exploit the
invention or utility model has made requests for authorization from the patentee of an
invention or utility model to exploit its or his patent on reasonable terms and conditions and
such efforts have not been successful within a reasonable period of time, the patent
administration department under the State Council may, upon the request of that entity, grant
a compulsory licence to exploit the patent for invention or utility model".
Article 49 of the Patent Law provides that "Where a national emergency or any extraordinary
state of affairs occurs, or where the public interest so requires, the patent administration
department under the State Council may grant a compulsory licence to exploit the patent for
invention or utility model".
Paragraph 2 of Rule 72 of the Implementing Re gulations of the Patent Law prescribes that
"Any entity requesting a compulsory licence shall submit to the patent administration
department under the State Council a request for compulsory licence, state the reasons
therefore, and attach relevant certifying documents each in two copies".
Paragraph 3 of Rule 72 of the Implementing Re gulations of the Patent Law prescribes that
"The patent administration department under the State Council shall send a copy of the
request for compulsory licence to the patentee, who shall make his or its observations within
the time limit specified by the patent administration department under the State Council.
Where no response is made within the time limit, the patent administration department under
the State Council will not be affected in making a decision concerning a compulsory licence".
Paragraph 1 of Article 52 of the Patent Law provides that "The decision made by the patent
administration department under the State Council granting a compulsory licence for
exploitation shall be notified promptly to the patentee concerned, and shall be registered and
announced".
(2) The following provisions in the Patent Law and its Implementing Regulations are
relevant to the compliance with Article 31(c) and (f) of the TRIPS Agreement:
Paragraph 4 of Rule 72 of the Implementing Regu lations of the Patent Law provides that "The
decision of the patent administration department under the State Council granting a
compulsory licence for exploitation shall limit the exploitation of the compulsory licence tobe predominately for the supply of the domestic market.  Where the invention-creation
involved in the compulsory licence relates to  the semi-conductor technology, the exploitation
of the compulsory licence shall be limited only for public non-commercial use or to remedy a
practice determined after judicial or administrative process to be anti-competitive".
(3) The following provisions in the Patent Law and its Implementing Regulations are
relevant to the compliance with Article 31(h) of the TRIPS Agreement:
Article 54 of the Patent Law provides that "The entity or individual that is granted a
compulsory licence for exploitation shall pay to the patentee a reasonable exploitation fee, theamount of which shall be fixed by both parties in consultations.  Where the parties fail to
reach an agreement, the patent administration department under the State Council shall
adjudicate".IP/C/W/374/Add.2
Page 4
10. Please explain how Article 63 of the Patent Law complies with Article 30 of the TRIPS
Agreement.
Exceptions to the exclusive rights conferred by a patent are provided for in Article 63 of the
Chinese Patent Law.  These provisions undoubtedly comply with Article 30 of the TRIPS Agreement.
The content of subparagraph (1) of Article 63 of the Chinese Patent Law is relevant to the doctrine ofexhaustion of patent right.  This  is generally accepted by all countries;  the provisions of
subparagraph (2) refers to the right of prior use, which is also generally accepted by most of the
countries;  the provision of subparagraph (3) is an exception to patent right based on Article 5 ter of
the Paris Convention;  the provision of subparagraph (4) complies with the generally accepted
practice that the non-commercial use of a patented inve ntion is not an infringement to the right of the
patentee.  These exceptions do not unreasonably conflict with a normal exploitation of the patent and
do not unreasonably prejudice the legitimate interests of the patent owner, and completely inaccordance with Article 30 of TRIPS Agreements.
As far as we know, the limitations on patent right provided for in Article 96 of the Patent Act
of the Republic of Korea, which was latest amended on 3 February, 2001, are substantively identical
with the exceptions provided for in Article 63 of the Chinese Patent Law.
11. Please explain how China implements Article 34 of the TRIPS Agreement, concerning
the burden of proof.
Paragraph 2 of Article 57 of the Chinese Patent Law provides that "where any infringement
dispute relates to a patent for invention for a process for the manufacture of a new product, any entityor individual manufacturing the identical product shall furnish proof to show that the process used in
the manufacture of its or his product is different from the patented process".  This provision is
consistent with Article 34 of the TRIPS Agreement.
C. U
NDISCLOSED INFORMATION AND UNFAIR COMPETITION
12. Does Chinese legislation grant a defined period of time for the protection of undisclosed
information?  If so, please specify the period of protection.
In regard of the undisclosed information provided under Article 39(3), according to Article 35
of the Implementation Provisions of the Drug Admi nistration Law of the People’s Republic of China,
within six years from the date on which a manufacturer or distributor was granted marketing approval
of a pharmaceutical product utilized new chemical entities, if any second applicant applies for market
authorization using the said undisclosed data without the permission of the prior applicant, thecompetent authority for drug administration shall not grant the market authorization, except for that
the second applicant submits his own data.
In regard of the undisclosed information provided under Article 39(2), the Law on Anti-unfair
Competition of People’s Republic of China and Provisions on the Prohibition of Infringement ofTrade Secrets, there is no time limitation on the protection of trade secrets.
13. Please explain how China protects data submitted for marketing approval against
disclosure and unfair commercial use, as required by Article 39.3 the TRIPS Agreement.
Currently, the concept of "undisclosed information" is difficult to define not only in China.  In
general, protection of undisclosed data under Article 39.3 of the TRIPS Agreement may include two
steps.  First, before the approval of marketing authorization, all undisclosed data submitted to the drug
administration authorities in China shall not be disclosed.  Second, after the approval of marketing
authorization of a pharmaceutical product utilizing new chemical entities, all undisclosed data shallIP/C/W/374/Add.2
Page 5
not be disclosed, except for the product specifications for quality control and the insert sheet for
patients and doctors.  For more details, please refer to Article 35 of the Implementation Provisions of
the Drug Administration Law of the People’s Republic of China.
Article 35 of the Implementation Provisions of the Drug Administration Law of the People’s
Republic of China provides that the Government shall provide protection to undisclosed test and other
data, which was gathered and submitted by the manufacturer or distributor as required in support of
applications for marketing approval of pharmaceutical products which utilized new chemical entities,
against unfair commercial use.  Within six years from the date on which a manufacturer or distributor
was granted marketing approval of a pharmaceutical product utilized new chemical entities, if any
second applicant applies for market authorization using the said undisclosed data without the
permission of the prior applicant, the competent au thority for drug administration shall not grant the
market authorization, except for that the second applicant submits his own data.  The competent
authority for drug administration shall not disclose the said data, except where (a) the disclosure of
such data was necessary to protect the public, or (b) steps were taken to ensure that the data are
protected against unfair commercial use.
14. Please explain how the meaning of "practicality" (in Article 10 of the Unfair
Competition Prevention Act) compares with that of "commercial value" (as stipulated in
Article 39.2 of the TRIPS Agreement).
[No response received]
D. LAYOUT -DESIGNS OF INTEGRATED CIRCUITS
15. Regarding the protection of IC layout-designs,  please specify the organizations in charge
of these matters.
The State Intellectual Property Office of China is responsible for the registration of the
layout-designs.
16. How many layout-designs have been registered up to now in China under the
"Regulations on the Protection of Layout-Designs of Integrated Circuits"?
Up to now, 113 layout-designs have been registered in China under the Regulations on the
Protection of Layout-Designs of Integrated Circuits.
E. CHECKLIST
17. Please explain in detail the contents of the "Regulations of the People’s Supreme Court
regarding the Evidence in Civil Procedure" promulgated on 1 April 2002.
[No response received]
18. Is it possible to seek injunction under Ar ticle 44 of the TRIPS Agreement against a
person responsible for IPR infringeme nt case, even if that person is able to prove that he or she
did not have knowledge of the relevant infringement?
[No response received]
19. Please clarify whether, by way of investigating and collecting evidence, the People’s
Court has the authority to order the infringer to inform the right holder of the identity of thirdIP/C/W/374/Add.2
Page 6
persons involved in the production and distribution of the infringing goods or services and of
their channels of distribution.
[No response received]
20. What is the approximate rate of the provisional measure filings that are affirmed by the
People’s Courts?
[No response received]
21. Has Paragraph 2, Article 53 of the TRIPS Agreement been accommodated in the
domestic regulations?
[No response received]
22. Please describe in detail, the types of IPR infringement cases and possible criminal
punishment as stipulated in the relevant laws.
[No response received]
23. According to paragraph 15 of China’s "Checklist of Issues on Enforcement," it is stated
that the Customs authorities suspend the release of counterfeit trademark or pirated copyright
goods and right holders can apply to the Customs for suspension of any export and import of
goods infringing trademark and copyright.  In the case of the suspension of release due to
suspicion of trademark and copyright infringeme nt, who is eligible on behalf of the right
holders to lodge an application for the suspension of release?
[No response received]
24. According to paragraph 16 (5) of China’s "Checklist of Issues on Enforcement,"
regarding the indemnification of the importer and th e goods owner, it is stated that "where the
court or other competent administrative authorities find no infringement, Customs shall, at therequirements of the court or the competent authority, submit the security deposited by the right
holder to the court to compensate for the losses of the relevant party arising from the improper
application."  In such cases, what is the coverage of compensation payment for damages
resulting from the deposited security and wrongful detention or detention of goods  in
accordance with Article 55 of the TRIPS Agreement?
[No response received]IP/C/W/374/Add.2
Page 7
JAPAN
A. COPYRIGHT
1. According to Article 11 bis of the Berne Convention, authors shall be granted the
exclusive rights of broadcasting.  However, Article 42 and Article 43 of the Copyright Law do
not grant such right.  Please explain the consistency between Article 11 bis of the Berne
convention and Article 42 and Article 43 of the Copyright Law.
According to the Article 11 bis (2) of the Berne Convention, the counties of the Union have
right to determine the conditions  ...  The conditions in Article 42 and Article 43 of the Copyright Law
do belong to such case.
2. Please explain the detailed criteria concern ing "justifiable extent" stipulated in the
Article 22(7) of the Copyright Law.
Article 21 of the newly revised Implementing Regulation to the Copyright Law of China
imported the so called three-step test principle from Article 13 of TRIPS.  That means if the use is
exceeded, it should be in conflict with Article 23 of Copyright Law.
3. Concerning Article 22(9) of the Copyright Law, please explain the reason why the
performances for non-profit–making purposes are not exempted from copyright.
Please see the response 2.
4. Please explain why the meaning of "the copyright owner has declared that such
exploitation is not permitted" stipulated in Article 39(3) of the Copyright Law.
Article 39(3) is a limitation to copyright, the so called "statutory licence".  Normally the right-
holder doesn't enjoy any prohibition right under the statutory licence provisions.  But China's
Copyright Law still gives the right-holder a prohibition right.  Therefore, this Article is not in conflictwith Berne Article 5, as incorporated in TRIPS Article 9, which requires that the exercise and
enjoyment of rights not be subject to any formality.
5. Concerning Article 42 and Article 43 of the Copyright law, in the absence of agreement
about the remuneration, the court-like judicial procedure may be necessary in order to decide
the amount of remuneration.  Please explain which concerning government authority will play
such role.
The Regulation of the remuneration paid by broadcasting organizations should be stipulated
by the State Council.
6. Concerning Article 42 and Article 43 of the Copyright Law, please explain the progress
of creating the remuneration table which broadcasting organizations'payment.
Please see the response 5.
7. What is the difference between "a cinematographic work to which are assimilated
works expressed by a process analogous to cinematography" in Article 10(7) and "video -
recording" in Article 46(8)?IP/C/W/374/Add.2
Page 8
A cinematographic work is an object of copyright and a video-recording is an object of
neighbouring rights.
8. Concerning Article 41 of the Copyright Law,  please explain the reason why phonogram
producers are not granted the right of a single equitable remuneration for the use ofphonograms for broadcasting.
Because Article 14 of TRIPS doesn't provide such a right to phonogram producers.
9. Concerning Article 50 of the Copyright Law, it seems to be impossible to "make a ruling
within forty-eight hours".  Please explain ho w these provisions work, referring to actual
examples.
This Article is complied with Civil Procedure Law.
10. Please explain the progress of new enforcement regulations of the Copyright Law.
Please confirm that the Regulation s concerning the implementation of  international copyright
treaties are abolished.  Please explain the reasons why Chinese Government did not provide
these regulations for the review.
After the Implementing Regulations of the Copyright Law came in effect, the provisions of
other regulations which are in conflict with the new Implementing Regulations of the Copyright Law
should be abolished.  The Chinese Government has already provided these Regulation to the TRIPS
Council.
11. Please confirm it could be understood that judicial interpretation issued by the Supreme
People's Court is based on the competence given to the Supreme People's Court and that the
judicial interpretation is substantially rather amendment of laws and regulations than exercise
of judicial power.  It should be very much appreciated if the Chinese Government could provide
us with the judicial interpretation.
The judicial interpretation is based on the competence given to the Supreme People's Court.
We'd like to inform you the related information after we get it.
12. Please explain the progress of the Chinese Government's commitments at the time of
accession to WTO, that "China's administrati ve authority would recommend that the judicial
authority make necessary adjustments to lower the thresholds so as to address these concern."
(WT/ACC/CHN/49, paragraph 304).
According to Article 305 of China's Working Party Report, the Chinese Government has
already given the recommendation to revise the judicial interpretation for criminal copyright
violations to the Supreme People's Court.
B. E
NFORCEMENT
13. It can be considered that administrative procedures are most effective ones concerning
the enforcement of intellectual property rights.  However, in order to initiate the procedure,
right holders must produce identities of infrin gers, location of factories producing pirated
goods, and the amount of damage.  Moreover, prov ing these issues are not only difficult but also
costly.  Please explain the reason why such situat ions are consistent with Article 41(2) of the
TRIPS Agreement that "procedures concerning the enforcement of intellectual property rights
shall not be unnecessarily complicated or costly".IP/C/W/374/Add.2
Page 9
Article 11.4 of the Copyright Law provides:  "the citizen, legal entity or other body whose
name is mentioned in connection with a work shall, in the absence of proof to the contrary, be deemed
to be author of the work".  That means, if there is no proof to the contrary, the name of a right owner
that is mentioned in connection with a work may prove his ownership in instituting proceeding in a
people's court.  In case of inconsistency between the Copyright Law and the relevant regulations ormeasures, the provisions of the Copyright Law will prevail.
14. According to Supreme People's Court's Notification of 17 December 1998 which
concerns copyright infringement, the scope of criminal punishment stipulated in Article 217 of
the Criminal law is extremely limited.  Please explain the consistency between this notification
and Article 61 of the TRIPS Agreement that "Members shall provide for criminal procedures
and penalties to be applied at least in cases of copyright piracy on a commercial scale"?
The Article 217 of the Criminal Code of China is in compliance with the Article 61 of TRIPS.
15. Please explain the meaning of "where the act also prejudices the public interests" in
Article 47 of the Copyright Law.  Who are enti tled to determine and what criteria would be
used?  Does this procedure require the injured p erson's application?  According to Article 47 of
the Copyright Law, "the act which constitutes a crime" will be prosecuted.  Please explain  in
detail what kind of acts "constitutes a crime" which is referred to Article 47 of the Copyright
Law.  Which provisions in Criminal Law would be applied to such acts?  Are there any detailed
criteria to decide whether the police handles the case?  Please explain the consistency between
Article 47 of the Copyright law of China and Article 41.2 of the TRIPS Agreement stipulating"Procedures concerning the enforcement of inte llectual property rights shall be fair and
equitable"?
The provision of "Where the act also prejudices the public interests" in Article 47 of the
Copyright Law means the activities in Article 47 should be administrative punished, if such activities
prejudice the public interests, for example, the remedy of the property interests of the others, thedestruction of the social economy system.  The copyright administration departments and people's
courts are entitled to determine what kind of activities are "prejudices the public interests".  This
procedure doesn't require the injured person's application.
The criminal liabilities in accordance with th e law of the Article 47 means that the criminal
liability shall be investigated according to the Criminal Code but not to the Copyright Law.  Anyone
who commits an infringing act provided for in Article 47 is subject to civil liabilities.  In addition, hemay be investigated and punished by the copyright administration department if his infringing act also
prejudices the public interests.  Nevertheless, he will not be investigated unless his act constitutes a
crime.IP/C/W/374/Add.2
Page 10
UNITED STATES
A. COPYRIGHT
1. Does the unauthorized creation of a copy of  a copyrighted work in the temporary memory
of a computer in China infringe the reproduction right provided for in Article 10(5 ) of China's
Copyright Law?
There is neither such a term as "temporary memory" in Article 10(5) of China's Copyright
Law, nor in the Berne Convention and TRIPS.
2. How does the activity permitted without the permission of the right-holder by Article 17
of China's Regulations for Computer Software Protection comply with Article 13 of TRIPS?
The activities permitted by Article 17 of China's Regulation for Computer Software
Protection (1) are a special case;  (2) do not conflict with a normal exploitation of the work;  (3) don't
unreasonably prejudice the legitimate interests of the rightholder Therefore, this Article is in
compliance with Article 13 of TRIPS.
3. Please provide a copy of the State Council's request to the Supreme People's Court to
lower the thresholds for criminal copyright violations, and any response of the Supreme
People's Court to that request.
According to the Article 305 of China's Working Party Report the Chinese Government has
already given the recommendation to revise the judicial interpretation for criminal copyrightviolations to the Supreme People's Court.
4. With respect to your response to the above question, please advise what steps the State
Council will now take to lower the criminal  threshold for copyright cases, such as:
(a) requesting an interpretation from the National People's Congress;
(b) revising prior guidance on criminal prosecution;
(c) requesting that the Supreme People's Procuratorate, Ministry of Public Security
and SPC issue a new revised interpretati on regarding criminal thresholds with
the support of NCAC.
Please see the response 3.
5. Please provide a copy of any other interpretations of the copyright provisions of China's
criminal code promulgated by other agencies, such as the Ministry of Public Security, National
Copyright Administration of China, and the Supreme People's Procuratorate.
Please see the response 3.
6. Regarding the compulsory licence for textbooks in Article 23 of China's Copyright Law:
(a) Does Article 23 apply to works created before the provision became effective?  If
not, what was the effective date of Article 23?IP/C/W/374/Add.2
Page 11
(b) What procedure must a rightholder fo llow in order to make the necessary
advance declaration that uses otherwise allowed under Article 23 are not
permitted?  How is this procedure consistent with Berne Article 5, as
incorporated in TRIPS Article 9, which requires that the exercise and enjoyment
of rights not be subject to any formality?
(c) If Article 23 applies to works created before the date the provision became
effective, how is it possible for a righ tholder to make an advance declaration that
uses otherwise allowed under Article 23 are not permitted?  How is this
procedure consistent with Berne Article 5, as incorporated in TRIPS Article 9,
which requires that the exercise and enjo yment, rights not be subject to any
formality?
(d) Are there any limits to the size or subs tantiality of the portions of works that
may be used pursuant to Article 23?  If so, what standards will be applied in
determining whether a particular use has exceeded those limits?
(a) Article 23 is also applied to works created before the provision became effective, if
the term of the works is not at the expiry.
(b) A right-holder only needs to make his declaration public, if he or she does not allow
such a use.  Article 23 is a limitation to copyright, the so called "statutory licence".
Normally the right-holder doesn't enjoy any prohibition right under the statutory
licence provisions.  But China's Copyright Law still gives the right-holder a
prohibition right.  Therefore this Article is not in conflict with Berne Article 5, as
incorporated in TRIPS Article 9, which requires that the exercise and enjoyment ofrights not be subject to any formality.
(c) Please see the response in (b).
(d) There are some limits to the size or substantiality of the portions of works that may be
used pursuant to Article 23, for example, Article 23 states:  only passages from a
work, a short written work or musical work, or a single work of art or photograhicwork could be applied.  Otherwise Article 21 of the newly revised Implementing
Regulations to the Copyright Law of China imported the so called three-step test
principle from Article 13 of TRIPS.  That means if the use is exceeded, it should be in
conflict with Article 23 of Copyright Law.
B. T
RADEMARKS
7. In light of revisions to the Trademark Law, how will China ensure fair and non-
discriminatory treatment of foreign well-known marks, during:
(a) the trademark registration process,
(b) administrative enforcement by the Chin ese Trademark Office as well as other
agencies, such as AQSIQ ( Administration for Quality Supervision Import and
Quarantine) and
(c) criminal enforcement, including referrals by administrative agencies to criminal
enforcement?IP/C/W/374/Add.2
Page 12
China will, in line with the principles of the national treatment under the Paris Convention,
provide equal protections for both domestic and foreign well-known marks in the procedure of
trademark registration, trademark review and adjudication, administrative enforcement and criminal
referrals by administrative agencies to criminal enforcement.
8. What regulations [fagui], ministerial rules [guizhang] by the Chinese Trademark Office
or other agencies will be revised as a result of  China's intention to provide national treatment to
foreign well-known marks?
Since the protection of well-known marks is specifically provided in the newly revised
Trademark Law and its Implementing Regulations, the Provisional Rules on the Administration and
Determination of Well-Known Marks, enacted and issued by the State Administration for Industry
and Commerce (guizhang) in 1996, is being revised correspondingly.
9. With respect of the question above, will  China revise the April 2001 guidance on
criminal enforcement, which lowered thresholds for foreign well-known marks, to recognize
that such thresholds should be lowered for all well-known marks, or will well-known marks be
divided into different categories?
On lowering the threshold, the Chinese government has sent relative comments and
suggestions in writing to the judicial  authorities, which are processing this issue.  What  can be sure is
that the new provisions on the threshold will in full compliance with the principle of national
treatment.
10. Please provide a list of the well-know ma rks that are given enhanced enforcement by
national provincial and local administrative and criminal enforcement agencies.
The compilation of a list of well-known marks will require the collaboration among local
trademark administrative and judicial agencies, and related governmental bodies at national level.  It
is understood that no comprehensive statistics have ever been assembled on a cross-region and cross-department scale by any of these parties so far.  Therefore, the list referred to in the question is not yet
available.  It's our knowledge, however, that the Trademark Office of State Administration for
Industry and Commerce has a plan in place to gather the information in this regard.
__________