Li Mingde: A Commentary ofthe Intellectual Property Clause in the General Principles of Civil Law of China

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Article 123 of the General Principles of Civil Law of China, adopted by the National People’s Congress in March 2017,provides for the protection of intellectual property. The article lists some subject matters of intellectual property, such as works, inventions, trademarks, trade secrets, and plant varieties. However, in contrast to the relevant international conventions, this article does not provide for the protection of performance, phonogram, broadcasting, and trade name, or the protection against unfair competition. Moreover,in contrast to the current legislation and judicial practice in China, Article 123 does not provide for the protectionof genetic resources, traditional knowledge, and folklore. In theory,however, all the above subject matters can becovered by “other subject matters provided by laws” in Article 123.After the enactment of the General Principles of Civil Law, intellectual property scholars and practitioners in China shouldmake full use of the intellectual property clause, including the provision “other subject matter provided by law” in the law,to promote the construction of the intellectual property lawsystemin the country.