保护知识产权是我国改革开放政策的组成部分,是促进科学、技术和文化事业繁荣发展,保障社会主义市场经济正常运行的重要制度。
The protection of intellectual property is a component part of the policy of reform and opening of China and an important system for promoting the prosperity and development of scientific, technological and cultural undertakings and ensuring the normal operation of the socialist market economy.
为适应国际科技经济一体化的趋势和加快恢复我国关贸总协定缔约国地位的客观要求,
In order to adapt to the international trend of integration of science, technology and economy and to the objective requirements for the earlier restoration of China's status as contracting State of GATT,
近年来,我国加快知识产权立法步伐,先后公布了《中华人民共和国商标法》、《中华人民共和国专利法》、《中华人民共和国技术合同法》、《中华人民共和国著作权法》和《中华人民共和国反不正当竞争法》等法律,并且已初步与国际标准接轨,对推动我国改革开放和现代化建设起到了积极作用。
China has in recent years speeded up its intellectual property legislation and successively promulgated such laws as the "Trademark Law of the People's Republic of China", the "Patent Law of the People's Republic of China", the "Law of the People's Republic of China on Technology Contracts", the "Copyright Law of the People's Republic of China" and the "Law of the People's Republic of China for Countering Unfair Competition", which have begun to link up with international standards and have played a active role in promoting reform and opening as well as the construction of modernization in China.
由于我国建立知识产权制度的时间不长,全社会的知识产权意识还比较薄弱,有的地区和部门对保护知识产权的重要性缺乏足够认识。
As it is only recently that China has established its intellectual property system, and the sense of intellectual property of society as a whole is still rather hazy, there is still lacking, in certain regions and departments, a sufficient understanding of the importance of protecting intellectual property.
一些严重侵权行为不仅损害了产权所有人的合法权益,而且损害了法律的尊严。
A number of aggravated acts of infringement have not only damaged the lawful rights and interests of intellectual property right owners but also the dignity of law.
为了切实加强知识产权保护工作,保障法律的贯彻实施,特作如下决定:
In order to strengthen conscientiously the work of intellectual property protection and ensure the enforcement of the laws, the following decision is made.
一、完善知识产权制度,切实加强知识产权保护工作,是当前深化科技、经济配套改革,扩大对外开放的重要内容,也是加快建立社会主义市场经济体制,实现与世界经济接轨的基本要求。
1.
Perfecting the intellectual property system and strengthening conscientiously the work of intellectual property protection, are currently important contents of deepening the systematic reforms in the scientific, technological and economic fields and expanding the scope of opening to the outside world, and also the basic requirements in our efforts to speed up the establishment of a system of socialist market economy and realize the link-up with the world economy.
各级人民政府要充分认识知识产权制度在推动科技进步和经济发展中的重要意义,
The People's Governments at various levels have to understand fully the importance of the intellectual property system in giving impetus to scientific and technical progress and economic development.
正确处理局部利益与整体利益、眼前利益与长远利益的关系,
The relationship between local interests and overall interests, between immediate interests and long-term interests should be handled correctly.
把加强知识产权保护提到科技、经济、文化工作的重要议事日程,
The strengthening of intellectual property protection should be placed on the agenda of scientific, technical, economic and cultural work as an important matter.
综合运用法律的、经济的和行政的手段,引导企业、科研院所和高等学校(以下称企事业单位)采取有效措施,切实保护自己的知识产权,充分尊重他人的知识产权,
Governments at various levels have to utilize comprehensively legal, economic and administrative means to induce enterprises, scientific research institutes and institutions of higher learning (referred to below as enterprises and institutions) to adopt effective measures to protect their intellectual property while fully respect the intellectual property of others.
推动全社会树立尊重和保护知识产权的良好风尚,为公民和企事业单位的发明创造、文学艺术创作以及对外科技、经济、文化合作与交流创造良好的环境和条件。
Society as a whole should be urged to foster the good habit of respecting and protecting intellectual property so as to create a favourable environment and condition for the inventions, creations, and literary/artistic works produced by citizens, enterprises and institutions.A favourable environment and condition should be also created for the scientific, technical, economic and cultural cooperation and exchange with foreign countries.
二、保护知识产权是一项涉及立法、司法、执法和行政管理等多方面的综合性工作。
2.
The protection of intellectual property is a comprehensive task involving many aspects such as legislation, judicature, law enforcement, and administration.
各有关部门要互相支持,密切配合,以形成统一、协调的知识产权保护体系。
The various relevant departments should support each other and co-operate closely so as to form a unified and harmonious system of intellectual property protection.
最近,全国人大常委会已审议通过关于惩治侵犯著作权的 犯罪的决定,以增强制止和处罚知识产权侵权行为的力度。
Recently, the Standing Committee of the National People's Congress has examined and approved the decision on punishing crimes of infringing on copyright, so as to increase the force of the law for stopping and punishing acts of intellectual property infringement.
国务院将抓紧研究、制定对知识产权实行边境保护措施的行政法规。
The State Council will pay close attention to the study and formulation of administrative regulations for carrying out border measures in respect of intellectual property protection.
各级知识产权行政执法机关要强化职能,充实力量,提高效率。
The administrative authorities and enforcing agencies for intellectual property at various levels shall strengthen their functions, maintain their staff at full strength and increase their efficiency.
当前要重点加强各级著作权行政执法机关的力量,保障《中华人民共和国著作权法》的有效实施。
At present, it is necessary to focus on reinforcing the staff of copyright administrative and enforcing agencies at various levels to ensure the effective implementation of the "Copyright Law of the People's Republic of China".
知识产权行政执法机关在履行职责过程中,需要取得其他行政执法机关或者行政管理部门的配合,有关机关和部门都要大力协助。
In the process of performing their duties, the intellectual property administrative and enforcing agencies need cooperations of other enforcement agencies and administrative departments, and the relevant agencies and departments should lend their support unstintedly.
对一些影响比较大的重要案件,知识产权行政执法机关可以会同科技、经济、文化、新闻出版、广播电影电视、公安等部门进行查处。
The administrative authorities and enforcement agencies for intellectual property affairs should investigate and deal with major cases of great influence, jointly with the departments in charge of scientific, technological, economic, cultural, press, publishing, broadcasting, cinematic, television and public security affairs.
要支持人民法院对知识产权案件的依法审判,支持有关人民法院根据需要设立知识产权审判庭,
Supports should be given to the hearing of intellectual property cases held by the People's Courts and to the setting up of intellectual property adjudication divisions by the relevant People's Courts where they are needed.
切实加强审判力量,保障各类知识产权案件得到公正、及时的处理。
The ranks of judges should be expanded in earnest so as to ensure that various categories of intellectual property cases will be dealt with justly and promptly.
在司法和行政执法工作中,要打破地方保护和部门分割,遵循“有法可依、有法必依、执法必严、违法必究”的原则,严格贯彻执行法律法规,依法查处并制裁各类侵犯知识产权的行为。
In judicial and administrative enforcement, the barriers of local protectionism and of departmentalism should be broken down.Various acts of intellectual property infringement should be investigated and punished by implementing strictly the enforcement of laws and regulations, and by following the principles of "There should be laws to observe.
Where there are laws, they must be abided by.
Where laws are enforced, they must be enforced strictly.
Where laws are broken, the law-breakers must be investigated and dealt with."
侵权行为情节严重、构成犯罪的,要依法追究有关人员的刑事责任,切实维护知识产权权利人的合法权益,维护社会主义法制的统一和尊严。
Where the case of infringement is so serious that a crime is committed, the relevant offender should be prosecuted for his criminal liability according to law so as to safeguard conscientiously the lawful rights and interests of owners of intellectual property rights as well as the unity and dignity of the socialist legal system.