2012, a year for efforts, not fear
By Tommy Zhang (China IP)
Updated: 2012-03-14

The year 2012, as the name of a movie, has been frequently mentioned in various kinds of jokes or mysterious topics.

Now it has finally arrived, and one feels the continuations of 2011: pressure remains for the hiking consumer price index; SMEs still face the shortage of labor and fund; export-oriented businesses are alert for sanctions under the WTO framework; the premium of imported goods keeps shocking us; innovation remains the magic weapon for sustainable development; copyright prices marked another record at the year beginning amidst the tug between buyers and sellers; and experts are busily looking into the key in intellectual rights of calligraphy and paintings.

The suggestions of the Supreme People's Court on hearing disputes over trade secret infringements remain a hot topic, despite explicit stipulations of the anti-unfair competition law and related judicial interpretations on the definition, burden of proof and compensation standards. Years of practice, however, points to the conclusion that "trade secrets can hardly receive true, effective protection." Many criticisms have been directed to judicial unfairness, inadequate execution from administrative departments, as well as weak awareness and imperfect measures on the part of enterprises. Our "Cover Story," however, points out the fact that our legal system and standards are divorced from real life and thus can hardly be executed effectively, a quality whose rebuilding requires long-term research and a balance of interests of all sides.

Let's shake off our apprehensions and look to a new round of expectations: revisions of many laws are in sight, which will certainly benefit some and worry others, but serve to improve the rule of law as a whole; mechanisms and welfare are called for the profession of IP managers; more innovative practices are needed in translating technology into productivity, and the WIPO Diplomatic Conference on the Protection of Audiovisual Performances scheduled in June might bring more surprises in the form of Beijing Treaty.

The year 2012, though not entirely predictable, requires every effort from us. And our magazine will highly appreciate your continuous support and participation in our activities.

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