CHINA Rank 25/50 INDICATOR SCORE Category 1: Patents, Related Rights, and Limitations of Internationa Copyrights 2 Patentability requirements 4. Pharmaceutical-related patent enforcement and resolution mechanism 5.Legislative criteria and active use of compulsory licensing of patented products and technologies 10 Trademarks 6.Patent term restoration for pharmaceutical products Enforcemen Category:Copyrights,Related Rights, and Limitations 9. Copyright (and related rights) term of protection 二 of IP Assets ights including he o/be idle necesayexcusie ihts that prevent infringement of copyrights and related 0.25 Regional Average Score Top 5 Economies Average Score 12. Availability of frameworks that promote cooperative action against online piracy 050 13. Scope of limitations and exceptions to copyrights and related rights Overall Score in Comparisor 15. Clear implementation of policies and guidelines requiring that any proprietary software used on govenment 050 CT systems should be licensed software Category 3: Trademarks, Related Rights, and Limitations 0 17.Ability of trademark owners to protect their trademarks requisites for protection 4452 18. Legal measures available that provide necessary exclusive rights to redress unauthorized uses of trademarks 19. Availability of frameworks that promote cooperative private action against online sale of counterfeit goods 21. Legal measures available that provide necessary exclusive rights to redress unauthorized use of industrial Category4:Trade andRelated Rights 22 Protection of trade secrets Strengths and Weaknesses Category5:Commercialization of IP Assets KEY AREAS OF STRENGTH 24. Barriers to market access latory and administrative barriers to the commercialization of IPassets v Patent and copyright reform extends protection and 0000 strengthens enforcement 26.IPas aneconomicasset Growing recognition and upholding of IP rights across Category 6: Enforcement different levels of government and enforcement 27. Physical counterfeiting rates agencies v Strong efforts to raise awareness of and leverage value [28 Digitalonine piracy rates of IP rights in academic and private spheres 29. Civil and procedural remedies mages and/or mechanisms for determining the amount of damages generated by KEY AREAS OF WEAKNESS copyright infringement including minimum imprisonment and minimum fines 32. Effective border measures X Interpretation of IP laws can be fragmented and out of sync with international standards 33. Transparency and public reporting by customs authorities of trade-related IP infringement x Ability to secure adequate remedies for infringement Category 7: Systemic Efficiency x Barriers to market access and commercialization 35. Consultation with stakeholders during IP policy formation x Insufficient legal safeguards, particularly for trade secrets, remain an obstacle Category 8: Membership in and Ratification of International Treaties and separate provisions on IP rights provided it was signed after WTO/TRIPS membership TOTAL 19.08 U.S. Chamber Intemational IP Index Sixth EditionU.S. Chamber International IP Index Sixth Edition 100 90 80 70 60 50 40 30 20 10 China Top 5 Economies’ Average Score Regional Average Score Rank 25 / 50 Trade Secrets Trademarks Copyrights Patents Systemic EŸciency Membership and Ratification of International Treaties Enforcement Commercialization of IP Assets Strengths and Weaknesses KEY AREAS OF STRENGTH 3 Patent and copyright reform extends protection and strengthens enforcement 3 Growing recognition and upholding of IP rights across di¦erent levels of government and enforcement agencies 3 Strong e¦orts to raise awareness of and leverage value of IP rights in academic and private spheres 100 80 60 40 20 0 52.14 47.70 93.13 44.52 Overall Score in Comparison CHINA INDICATOR SCORE Category 1: Patents, Related Rights, and Limitations 1. Patent term of protection 1.00 2. Patentability requirements 0.75 3. Patentability of computer-implemented inventions (CIIs) 1.00 4. Pharmaceutical-related patent enforcement and resolution mechanism 0.50 5. Legislative criteria and active use of compulsory licensing of patented products and technologies 1.00 6. Patent term restoration for pharmaceutical products 0.00 7. Membership in Patent Prosecution Highways (PPHs) 1.00 8. Patent opposition 0.25 Category 2: Copyrights, Related Rights, and Limitations 9. Copyright (and related rights) term of protection 0.53 10. Legal measures that provide necessary exclusive rights that prevent infringement of copyrights and related rights (including Web hosting, streaming, and linking) 0.25 11. Expeditious injunctive-style relief and disabling of infringing content online 0.00 12. Availability of frameworks that promote cooperative action against online piracy 0.50 13. Scope of limitations and exceptions to copyrights and related rights 0.25 14. Digital rights management (DRM) legislation 0.25 15. Clear implementation of policies and guidelines requiring that any proprietary software used on government ICT systems should be licensed software 0.50 Category 3: Trademarks, Related Rights, and Limitations 16. Trademarks term of protection (renewal periods) 1.00 17. Ability of trademark owners to protect their trademarks: requisites for protection 0.50 18. Legal measures available that provide necessary exclusive rights to redress unauthorized uses of trademarks 0.50 19. Availability of frameworks that promote cooperative private action against online sale of counterfeit goods 0.50 20. Industrial design term of protection 0.40 21. Legal measures available that provide necessary exclusive rights to redress unauthorized use of industrial design rights 0.25 Category 4: Trade Secrets and Related Rights 22. Protection of trade secrets 0.25 23. Regulatory data protection (RDP) term 0.60 Category 5: Commercialization of IP Assets 24. Barriers to market access 0.00 25. Regulatory and administrative barriers to the commercialization of IP assets 0.00 26. IP as an economic asset 0.75 Category 6: Enforcement 27. Physical counterfeiting rates 0 28. Digital/online piracy rates 0.30 29. Civil and procedural remedies 0.50 30. Pre-established damages and/or mechanisms for determining the amount of damages generated by copyright infringement 0.50 31. Criminal standards including minimum imprisonment and minimum fines 0.25 32. E¦ective border measures 0.00 33. Transparency and public reporting by customs authorities of trade-related IP infringement 1.00 Category 7: Systemic E­ciency 34. Inter-governmental coordination of IP rights enforcement e¦orts 1.00 35. Consultation with stakeholders during IP policy formation 0.50 36. Educational campaigns and awareness raising 1.00 Category 8: Membership in and Ratification of International Treaties 37. WIPO Internet Treaties 1.00 38. Singapore Treaty on the Law of Trademarks 0.50 39. Patent Law Treaty 0.00 40. At least one free trade agreement (FTA) with substantive and/or specific IP provisions such as chapters on IP and separate provisions on IP rights provided it was signed after WTO/TRIPS membership 0.00 TOTAL 19.08 KEY AREAS OF WEAKNESS 7 Level of IP infringement remains high 7 Interpretation of IP laws can be fragmented and out of sync with international standards 7 Ability to secure adequate remedies for infringement remains a challenge in many cases 7 Barriers to market access and commercialization of IP 7 InsuŸcient legal safeguards, particularly for trade secrets, remain an obstacle. China Regional Average Middle Third Economies’ Average Top 5 Economies’ Averge Percentage of overall index score