U.S.-China Trade: Summary of 2003 World Trade Organization Transitional Review Mechanism for China Page: 82 of 101
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Summary of issues by theme Raised by Raised by China's response
United States other WTO
individuals from outside mainland
China may obtain permission to
practice professions including law firm
attorneys, patent agents, trademark
agents, and copyright agents.
Information on whether licensed Writtena
professionals from outside mainland
China may join U.S. or foreign law
firms or consulting companies and
continue to provide their services from
such a base of operations.
Information on whether foreigners are Writtena
restricted in the choice of agents they
may hire to those which have a
license to represent foreigners, as is
indicted by the Amended Draft
Regulations on Patent Agency.
State Intellectual Property Office's Writtena
(SIPO) current application for
compulsory licensing regime with
respect to any patents registered in
China; circumstances of such
Explanation of the consistency of Writtena
Rules for the Compulsory Licensing of
Patents with the patent law provisions
restricting compulsory licenses.
Explanation of consistency of with the Writtena
relevant provisions of Rules for the
Compulsory Licensing of Patents with
TRIPS Agreement, regarding Other
Use Without Authorization of the Right
Current information regarding patent Writtena In 2002, SIPO had received 252,631 patent
pendency at SIPO, with respect to applications, including inventions, utility models
foreign patent applications and and industrial designs, an increase of 49,048
domestic patent applications. over the previous year. The growth rate was
24.1 percent. 951 international applications
had been filed and 697 requests had been
made for the international preliminary
examination. 738 requests for the international
preliminary examination had been completed.
Recent data showing improvement Japan -
status in the pendency of examination Written,c
for each technical field; transparency Verbale
of this data.
Disparity between domestic contract Japan -
law and the licensing regulations on Verbale
patents that raise concern to national
treatment; proper enforcement by
regional authorities of laws and
regulations reflecting the relevant
revisions at the time of China's
accession to the WTO.
Data exclusivity and trade secret protection
Forms required for submission of Writtena
undisclosed clinical data to insure
GAO-05-209R U.S.-China Trade
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United States. Government Accountability Office. U.S.-China Trade: Summary of 2003 World Trade Organization Transitional Review Mechanism for China, text, January 25, 2005; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc301428/m1/82/: accessed May 25, 2019), University of North Texas Libraries, Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.