China

The Constitution law of the People's Republic of China

Year of current version:2004
Date of entry into force of original text:December 4, 1982
Date of Text (Adopted):December 4, 1982
Type of Text:Constitution / Basic Law
Subject Matter:Other
Notes:
-The Constitution of the People’s Republic of China defines the basic system and tasks of the State; it is the fundamental law of the State with supreme legal authority. The Constitution does not directly involve intellectual property provisions; however, the following provisions concern intellectual property protection:
-Article 6 [Socialist Public Ownership] “The basis of the socialist economic system of the People’s Republic of China is socialist public ownership of the means of production, namely, ownership by the whole people and collective ownership by the working people. The system of socialist public ownership superseded the system of exploitation of man by man; it applies the principle of ‘from each according to his ability, to each according to his work.’ […]”
-Article 9 [Resources] “[…] (2) The state ensures the rational use of natural resources and protects rare animals and plants. The appropriation or damage of natural resources by any organization or individual by whatever means is prohibited.”
-Article 11 [Private Sector of the Economy] “[…]
- (2) The State protects the lawful rights and interests of the non-public sectors of the economy such as the individual and private sectors of the economy […]
-Article 13 [Protection of Private Property] “[…]
-(2) The State, in accordance with law, protects the rights of citizens to private property and to its inheritance[…] .”
-Article 20 [Science] “The state promotes the development of the natural and social sciences, disseminates scientific and technical knowledge, and commends and rewards achievements in scientific research as well as technological discoveries and inventions.”
-Article 21 [Health] “(1) The state develops medical and health services, promotes modern medicine and traditional Chinese medicine […] .”
- Article 22 [Culture] “(1) The state promotes the development of literature and art, the press, broadcasting, and television undertakings, publishing and distribution services, libraries, museums, cultural centers and other cultural undertakings, that serve the people and socialism, and sponsors mass cultural activities.”
-Article 47 [Research] “Citizens of the People’s Republic of China have the freedom to engage in scientific research, literary and artistic creation, and other cultural pursuits. The state encourages and assists creative endeavors conducive to the interests of the people that are made by citizens engaged in education, science, technology, literature, art, and other cultural work.”
Available Texts: 
Chinese

中华人民共和国宪法 中华人民共和国宪法, Complete document (pdf) [239 KB] 中华人民共和国宪法, Complete document (html) [240 KB] (Version with Automatic Translation Tool)

English

The Constitution law of the People's Republic of China The Constitution law of the People's Republic of China, Complete document (pdf) [92 KB]

WIPO Lex No.:CN147

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