News

Endorsement of IP Key's Yearly Action Plan 2016

19 January 2016

 

The Third Yearly Action Plan (YAP3) of IP Key for 2016 has been endorsed on 19 January 2016 after close consultation with all project stakeholders, including 15 Chinese agencies and ministries under the coordination of MOFCOM. The project’s third action plan is ambitious and, as in the past, continues to cover all areas of IP. Areas of intervention include trademarks and unfair competition; patents and innovation policies; designs; copyrights and related rights; trade secrets; geographical indications; and enforcement among others.

Whilst IP Key is initially established for a duration of three years (till June 2016), discussions are well underway to extend the project by another 12 months till June 2017. The activity excerpts presented below covers this entire duration. More detailed information on each activity will be published on the IP Key activities page. To ensure you get updated on the activities conducted by IP Key, subscribe to the bi-monthly newsletter.

List of Activities:

TRADEMARKS

IMPLEMENTATION of TM VIEW

Leading Chinese Body: SAIC

Main Participants(s): SAIC; OHIM

Finalisation of the Feasibility Study: The study will include research and analysis of Chinese data and technical architecture, other relevant planning aspects, as well as estimates on the costs, if any, to integrate SAIC’s data into the tool. The study will also propose technical solutions/recommendations on performing searches in Chinese characters and obtaining results in Chinese and other languages, taking into account transliteration techniques. The feasibility study should culminate with the signature of an MoU or a technical agreement between SAIC and OHIM for the integration of TMview.

Assuming a positive outcome of the technical feasibility study the technical experts from SAIC and OHIM will carry out the necessary work and software developments for the integration of SAIC’s trademarks data into TMview.

In addition, SAIC/CTMO and OHIM/IP Key will jointly engage in activities to promote the use of TMview among potential Chinese stakeholders including agents, local industry, SMEs, customs officers, judiciary, legal practioners, prosecutors and academia.

SET OF EXPERTS’ ROUNDTABLES WITH SAIC ON BAD FAITH APPLICATIONS, PROTECTION OF GEOGRAPHICAL INDICATIONS AND TM ROVING SEMINARS IN THE EU

Leading Chinese Body: SAIC

This activity will consist of:

- Experts' roundtable in China with EU and CN examiners, judges (SPC, Beijing IP Court), administrative enforcement professionals, academics, industry experts

- Workshops with trade mark experts in the EU with a delegation of SAIC on TM “bad faith” registrations and protection of GIs under the trade mark system +Roving Seminars in the EU on Chinese Trade Marks

 

INNOVATION POLICIES

PEER TO PEER EXCHANGE ON DEVELOPING A WELL FUCTIONING INNOVATION SYSTEM

Leading Chinese Body: MOFCOM

Main Participants(s): MOFCOM, MOST, MIIT

Background & Short Description: A seminar (or roundtable) will be organised in Beijing on a list of topics related to innovation policy and institutions. The seminar will include European and Chinese experts. The agenda topics will be agreed beforehand between EU and Chinese sides. A report will be produced summarising the content of the seminar/roundtable, and potentially drawing on other related research, and provide recommendations for policymakers about how to develop a “well-functioning” innovation system.

 

PATENTS & DESIGNS

ROVING SEMINARS IN CHINA ON THE EUROPEAN IP SYSTEM FOR DESIGN AND UNITARY PATENT

Leading Chinese Body: SIPO

Main Participants(s): Companies, research institutes, IP professionals and staff of IP offices

A series of seminars to promote knowledge and understanding of the RCD and European Unitary Patent systems in order to help Chinese right holders make better use of the aforementioned systems will be held in 2-3 Chinese cities

WORKSHOP ON SERVICE INVENTION REGULATIONS

Leading Chinese Body: SCLAO

Main Participants(s): LAC  

In 2015, SIPO submitted the Service Invention Regulation (draft for review) to the State Council for deliberation. SCLAO will work on the regulation. A 1-2 day workshop with Chinese (particularly from SCLAO) and European experts. Summary report with recommendations for policymakers based on exchanges.

ROVING SEMINAR IN EUROPE ON THE CHINESE PATENT SYSTEM

Leading Chinese Body: SIPO

Main Participants(s): EU industry, IP substantive agencies, academia, other IP stakeholders in Europe

European stakeholders can benefit from improved awareness of the benefits of using and how to use the patent system in China, which includes invention patents, utility model patents, and registered design patents. This activity is an extension of the roving seminars in the EU on the Chinese patent system conducted under IP Key in 2014 and 2015, with the difference being the ones in 2016 will be conducted in different Member States, thus reaching a different group of EU stakeholders.

 

COPYRIGHTS & RELATED RIGHTS

STRENGTHENING CHINA’S ENVIRONMENT OF COPYRIGHTS AND RELATED RIGHTS

Leading Chinese Body: NCAC

Main Participants(s): NCAC and relevant stakeholders including CMOs, CCIs, intermediaries, right holders

One study visit to the EU is envisaged to cover:

a) legal issues related to the entry into force of “Beijing Treaty” and “Marrakesh Treaty”,

b) access to and usages of published copyright works in education and research, and libraries (incl. awareness raising conferences in focusing on education, research and libraries),

c) how the collective rights systems work in EU, especially concerning licensing and royalties, and

d) other issues with relation to broadcasting organizations.

PEER TO PEER BEST PRACTICE EXCHANGE ON DETERRENCE AND COORDINATION IN ADMINISTRATIVE ENFORCEMENT

Leading Chinese Body: MOC

Main Participants(s): Nation-wide CEDs, European copyright industry, other Chinese and European copyright stakeholders

In 2014 and 2015, IP Key supported the Ministry of Culture in delivering two nationwide training (200 officials of local cultural market law enforcement agencies from different provinces and cities took part in the training). The two trainings received good feedback. Further cooperation would cover: (1) One training on Online Copyright Enforcement; (2) Study visit for experienced CED staff (in principle Beijing, Shanghai and Guangzhou offices) to EU on the handling of cross-border cases.

 

ANTI-UNFAIR COMPETITION, TRADE SECRETS 

EXPERTS' ROUNDTABLES IN CHINA ON THE FUTURE REFORM OF THE ANTI-UNFAIR COMPETITION LAW WITH SAIC [TRADE MARK v. COMPANY NAMES]

Leading Chinese Body: SAIC

This activity will consist of:

- Experts' roundtable in China with SAIC , to include the issue of conflicts between trade marks and company names.

- Preparatory workshop on enforcement of judgements: general issue concerning all IPRs. Difficulties and how to remedy them but focusing in particular on cases of conflicts between trademarks and company names

PEER TO PEER EXCHANGES WITH SCLAO AND LAC ON THE WORKINGS OF REVISION TO THE PATENT AND UNFAIR COMPETITION LAWS IN EU AND CHINA

Leading Chinese Body: LAC, SCLAO

This activity will consist of:

- Study visit of a LAC delegation to the EU for a delegation of the LAC (at least DG level, three EU countries, 12 delegates from Civil and Economic Law Department) to discuss policy and operational issues in the latest stage of revision to the Patent Law and the Unfair Competition Law (to include trade secrets)

- Workshop in China with SCLAO to possibly include LAC on the reform of Patent Law (IP Key suggests to hold in Beijing)

 

GEOGRAPHICAL INDICATIONS

SEMINAR IN CHINA WITH AQSIQ ON GI ADMINISTRATION AND ENFORCEMENT SYSTEMS 

Leading Chinese Body: AQSIQ

Main Participants(s): General Administration of Quality Supervision, Inspection and Quarantine (AQSIQ), all entry-exit inspection and quarantine bureaus, and all provincial administrations of quality and technology supervision

Seminar in China with AQSIQ to discuss GI administration and enforcement, including the role of industry organizations and producers' Consortia/associations

 

ENFORCEMENT

COOPERATION ON JUDICIAL PROTECTION OF IP

Leading Chinese Body: SPC

Main Participants(s): Judges adjudicating IP cases in the EU (CJEU, Member State courts) and China (SPC, specialised IP Courts and other courts nationwide)

This activity will consist of:

- A group of Chinese presiding judges adjudicating IP cases will visit Europe to exchange with European judges on topics related to court organization, management and efficiency, with a focus on IP cases;

- One workshop on the adjudication of IP cases will be held in Shanghai with possible parallel smaller-scale meetings in Beijing;

- Chinese judges will take training including mock trials in Europe;

- One Case Law Comparative book will be compiled collecting 50 to 100 EU and Chinese landmark cases with respective court decisions;

PROMOTION OF THE EU-CHINA CUSTOMS COOPERATION ON IPR ENFORCEMENT

Leading Chinese Body: GACC

Main Participants(s): GACC, CN local customs / DG TAXUD, OLAF, Customs of EU MSs / Chinese and European industries active on the EU and the Chinese market, EU-China Federation of Industry, IP substantive committees (e.g. Quality Brand Protection Committee)

IP Key will continue to provide support to the activities implemented in the framework of the EU-China Customs Cooperation on IPR (2014-2017) which covers:

[1] KA1 - Expert meeting on risk-analysis to agree on conclusions of the pilot carried out in 2015 and on practicalities for a control operation reflecting the findings of the pilot.

[2] KA2 - Expert meeting to facilitate the activities of the network of Customs in the EU and China key ports (sea- and air-), aiming at targeting high risk consignments.

[3] KA3 - Cross-agency cooperation on the investigation of serious IP infringement cases to strengthen EU-China interaction and cooperation between customs and other law enforcement agencies and authorities to stop production and wind up distribution networks.

[4] KA4 - Joint developments of partnerships with the business communities in the EU and China

[5] Alternative working visits: Exchange of knowledge and experience on each other’s IPR enforcement policies and practices to develop new initiatives further to the visits (definition of new issues to be addressed in the AP), and to provide feedback from participants to their respective counterparts (“mini training sessions”).

PEER TO PEER PRACTICE EXCHANGE ON (EUROPEAN AND CHINESE) CROP PROTECTION FROM COUNTERFEITING

Leading Chinese Body: MOA

Seminar/roundtable in China on the said topic

 SET OF PEER TO PEER EXCHANGE IN CHINA BETWEEN EU AND CHINESE PROSECUTORS AND ON IPR CRIMINAL ENFORCEMENT

Leading Chinese Body: SPP

Set of experts’ roundtables in China for EU prosecutors, law enforcement and judges to three Chinese Prosecutor Offices in China, to engage in peer to peer exchanges on criminal enforcement of IPRs

SET OF PEER TO PEER EXCHANGES IN THE EU WITH MPS ON IPR CRIMINAL ENFORCEMENT

Leading Chinese Body: MPS

Study visit for a delegation of MPS on IPR criminal enforcement focusing on transnational IPR crimes

 

OTHERS

INTER-MINISTERIAL DELEGATION LED BY MOFCOM TO EU FOR IPR EXCHANGE

Leading Chinese Body: MOFCOM

Main Participants(s): All agencies

MOFCOM will be leading a Chinese delegation to the EU to meet their EU counterparts on general IP policy, legislative, enforcement and other issues relevant to ongoing EU-China IP Dialogue. 

EU-CHINA IP ACADEMIA NETWORK ACTIVITY

Leading Chinese Body: MOFCOM

Main Participants(s): IP professors, IP experts, IP students

This activity will consist of:

- A preliminary meeting will be conducted to discuss the possible way to advance the cooperation between EU and Chinese Academia in the field of IP which includes a range of possible activities, nature and forms of cooperation, governmental competences and fitted academia structures, legal and economical constraints that should be considered and funding that may support such cooperation, and ideally a proposal for an roadmap.

- A forum where IP specialised Academics from EU and China will participate. The selection of suited IP topics for the forum agenda will be jointly decided by DG Trade and MOFCOM, after careful consideration of the priority list established between themselves within the IP Dialogue and Cooperation Mechanism, and may include, if suitable, a dedicated agenda space to discuss further cooperation opportunities.

- Other activities which  both sides identified and agreed  in the future as appropriate and necessary, for instance academic exchange programs.

FEASIBILITY STUDY ON POTENTIAL ACCESSION TO UPOV’91

Leading Chinese Body: MoA

Main Participants(s): MoA, SFA

This activity includes research workshops in both China and Europe to discuss China’s potential accession to UPOV’91. One seminar will be held to disseminate results once the final report with recommendations is completed.

Finally, the relevant counterparts are defining the possibility to launch a study on the impact of IP on the Chinese economy.


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European Commission (EC) The European Union Intellectual Property Office (EUIPO)
In Partnership with the EPO
European Patent Office (EPO)

IP Key is co-financed by the European Union and the European Intellectual Property Office (EUIPO).

It is implemented by the European Union Intellectual Property Office (EUIPO) in cooperation with the European Patent Office (EPO). The contents of this website can in no way be taken to reflect the views of the European Union.

 

 

 
 
 
 
 
 
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