Focus on the draft civil code | make general provisions on intellectual property rights and lead the individual intellectual property laws

On May 22, at the third session of the 13th National People's Congress, Wang Chen, vice-chairman of the NPC Standing Committee, was entrusted by the NPC Standing Committee to explain the draft Civil Code. He introduced that, in order to build an innovative country, the draft made general provisions on intellectual property rights to guide individual intellectual property laws. In addition, in order to strengthen the protection of intellectual property rights and increase the cost of infringement and violations, the draft adds provisions that intentionally infringe the intellectual property rights of others, and the infringed party has the right to request corresponding punitive damages.

Explanation on the "Civil Code of the People's Republic of China (Draft)"

——On May 22, 2020, at the third session of the 13th National People's Congress

(excerpt)

Vice-Chairman of the Standing Committee of the National People's Congress

Wang Chen

4. Main Contents of the Draft Civil Code

(1) General Provisions

3. Regarding civil rights. The protection of civil rights is an important task of civil legislation. Chapter 5 of Part One stipulates the system of civil rights, including various personal rights and property rights. In order to build an innovative country, the draft makes general provisions on intellectual property rights to govern individual intellectual property laws (Article 123 of the draft). At the same time, the protection of data and network virtual property has been stipulated in principle (Article 127 of the draft). In addition, it also stipulates the rules for the acquisition and exercise of civil rights (Articles 129 to 132 of the draft).

(7) Tort Liability Section

2. Regarding damages. Chapter 2 of Part VII stipulates the compensation rules for infringement of personal rights and property rights, and the compensation rules for mental damage. At the same time, on the basis of the current Tort Liability Law, the relevant provisions have been further improved: first, the system of compensation for mental damage has been improved. The right to request compensation for mental damage (paragraph 2 of Article 1183 of the draft). Second, in order to strengthen the protection of intellectual property rights and increase the cost of infringement and violations, the draft adds provisions that intentionally infringe the intellectual property rights of others, and if the circumstances are serious, the infringed person has the right to request corresponding punitive damages (draft No. 1185). strip).