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CHINA Rank:27/45 Percentage of Overall Score Membership and Ratification of International Treaties 17.64 1483 Trademarks Median Regional China Trade Secrets and Market Access Index score Average Top 5 Economies Average Score Strengths and weaknesses Key Areas of Strength Key Areas of Weakness v Basic IP rights in place(with some exceptions) x Levels of IP infringement are at historic levels and growing V New and proposed patent and copyright reform extends X Interpretation of IP laws by administrative and judicial authorities is protection and strengthens enforcement at times out of sync with international standards leveling expertise and awareness of the value of IP across different x Ability to secure adequate remedies for infringement, although of government and enforcement agencies improving, remains a critical challenge V Relatively strong public reporting of IP-related seizures by customs x Substantial barriers to market access and commercialization of IP, ularly for foreign compar SCORE INDICATOR SCORE Category 1: Patents, Related Rights, and Limitations 1. Te 19. Frameworks against online sale of counterfeit goods 0.25 2. Patentability 0.5 20. Industrial design term of protection 3. Patentability of Clls 121.Exclusive rights, industrial design rights 0.2 4. Pharmaceutical-related enforcement 0 Category 4: Trade Secrets and Market Access 5. Legislative criteria and active use of compulsory licensing 22.Protection of trade secrets 6. Pharmaceutical patent term restoration 0 23. Non-barriers to market access 7. Regulatory data protection terr 0.6 24 Regulatory and administrative barriers to commercialization 8. Patent opposition 0.25 Category 5: Enforcement Category 2: Copyrights, Related Rights, and Limitations 25.Physical counterfeiting rate 9. Term of protectior 0.5326 Software piracy rates 10. Exclusive rights 0.2527. Civil and procedural remedies 11. Cooperative action against online piracy 12. Limitations and riminal standards 13. Digital rights mana 0.25 30. Effective border measures 0 114. Govermment use of licensed software 0.531. Transparency and public reporting by customs Category 3: Trademarks, Related Rights, and Limitations Category 6: Membership and Ratification of International Treaties 132 WIPO Internet Treaties 16. Limitations on use of brands 33. Singapore Treaty on the Law of Trademarks 17. Protection of well-known marks 0.534.Patent Law Treaty 0.535.Post-TRIPS FTA TOTAL: 14.83 THE ROOTS OF INNOVATION U.S. Chamber International IP Index Fifth Edition I[ THE ROOTS OF INNOVATION U.S. Chamber International IP Index | Fifth Edition ] 100 90 80 70 60 50 40 30 20 10 China Top 5 Economies’ Average Score Rank: 27/45 Trade Secrets and Market Access Trademarks Copyrights Patents Membership and Ratification of International Treaties Enforcement Strengths and Weaknesses Key Areas of Strength Key Areas of Weakness 3 Basic IP rights in place (with some exceptions) 3 New and proposed patent and copyright reform extends protection and strengthens enforcement 3 Growing expertise and awareness of the value of IP across different levels of government and enforcement agencies 3 Relatively strong public reporting of IP-related seizures by customs authorities 7 Levels of IP infringement are at historic levels and growing 7 Interpretation of IP laws by administrative and judicial authorities is at times out of sync with international standards 7 Ability to secure adequate remedies for infringement, although improving, remains a critical challenge 7 Substantial barriers to market access and commercialization of IP, particularly for foreign companies China Median Index Score Regional Average 17.64 14.83 35 30 25 20 15 10 5 0 15.39 Percentage of Overall Score INDICATOR SCORE INDICATOR SCORE Category 1: Patents, Related Rights, and Limitations 1. Term of protection 1 19. Frameworks against online sale of counterfeit goods 0.25 2. Patentability requirements 0.5 20. Industrial design term of protection 0.4 3. Patentability of CIIs 1 21. Exclusive rights, industrial design rights 0.25 4. Pharmaceutical-related enforcement 0 Category 4: Trade Secrets and Market Access 5. Legislative criteria and active use of compulsory licensing 1 22. Protection of trade secrets 0.25 6. Pharmaceutical patent term restoration 0 23. Non-barriers to market access 0 7. Regulatory data protection term 0.6 24. Regulatory and administrative barriers to commercialization 0 8. Patent opposition 0.25 Category 5: Enforcement Category 2: Copyrights, Related Rights, and Limitations 25. Physical counterfeiting rates 0 9. Term of protection 0.53 26. Software piracy rates 0.3 10. Exclusive rights 0.25 27. Civil and procedural remedies 0.5 11. Cooperative action against online piracy 0.5 28. Pre-established damages 0.5 12. Limitations and exceptions 0.25 29. Criminal standards 0.25 13. Digital rights management 0.25 30. Effective border measures 0 14. Government use of licensed software 0.5 31. Transparency and public reporting by customs 1 Category 3: Trademarks, Related Rights, and Limitations Category 6: Membership and Ratification of International Treaties 15. Term of protection 1 32. WIPO Internet Treaties 1 16. Limitations on use of brands 1 33. Singapore Treaty on the Law of Trademarks 0.5 17. Protection of well-known marks 0.5 34. Patent Law Treaty 0 18. Exclusive rights 0.5 35. Post-TRIPS FTA 0 TOTAL: 14.83 CHINA
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