History: China's patent law was adopted in 1984 and most recently amended in 1992. The patent law is undergoing amendment right now to adjust to new needs in the information technology industry and to delete the State Plan Licensing System. China is still negotiating its accession to the WTO.

Membership: WIPO, Paris, PCT, Budapest

Provisions until now: Art 5 states that "No patent right shall be granted from any invention-creation that is contrary to the laws of the State or social morality or that is detrimental to public interest." Art 25 excludes from patentability "animal and plant varieties".

Changes to conform to TRIPS: China will adopt plant variety protection to be at par with TRIPS standards.

Use of patent system: As of 31 March 1997, a total of 323,000 patents had been granted. As of 1991, 16% of the grants were to foreigners.

Opposition possibility: Within six months from the announcement of grant. PLANT VARIETY PROTECTION History: China is currently drafting a regulation for the protection of plant varieties. (Zheng 1997)

Membership UPOV: China is now preparing to adhere to the UPOV Convention. (Zheng 1997)

SOURCES: - Patent Law of the People's Republic of China - Economic and Social Commission for Asia and the Pacific, Capability for Acquisition and Use of Technologies: Patent Laws, Regulations and Organizational Structure in the Asian and Pacific Region, ESCAP, 1995. - WEB page of the Patent Office of the People's Republic of China - Zheng Chengsi, "TRIPS and Intellectual Property Protection in China", European Intellectual Property Review, Vol. 5, 1997, pp. 243-246.