Endorsement of IP Key Yearly Action Plan 2014
IP Key’s Yearly Action Plan (YAP) for 2014 was endorsed by its respective management boards.
The YAP 2014 was drafted in close consultation with a total of 16 Chinese agencies and ministries under the coordination of MOFCOM. It contains an ambitious programme which constitutes the working basis of the New EU-China IP Cooperation. The activities, as listed and described below, will be implemented in cooperation with the relevant Chinese counterparts as highlighted. Areas of intervention include trademarks and unfair competition; patents and innovation; designs; copyrights and related rights; trade secrets; geographical indications; and enforcement among others.
At present, a number of activities are under active preparation for implementation between April and June 2014, including peer-to-peer exchanges on utility models and trade secret protection, roving seminars in Europe and in China, feasibility studies on IT tools implementation, customs experts’ meetings, and study tours in preparation of the revisions of the copyright and patent laws.
More detailed information on each activity will be published on the IP Key Activities page.
In addition to these activities, IP Key will support activities which will contribute to the EU-China IP Dialogue, both directly and indirectly. Examples of such interventions include two workshops to collect European input on the draft Implementing Regulations to the Trademark Law and the new TRAB Rules.
List of Activities:
TRADEMARKS AND UNFAIR COMPETITION
PEER TO PEER EXCHANGE ON BEST PRACTICES FOR EXAMINATION, OPPOSITION AND CANCELLATION, AND QUALITY ASSURANCE FOR TRADEMARKS
Leading Chinese Body: SAIC
Main Participants(s): SAIC, etc.
Background & Short Description: SAIC would like to discuss best practices with EU trademark experts on a number of issues relevant to the introduction of new revisions to the Trademark Law in China, including the ministerial examination guidelines, and more generally on ensuring quality of trademark registrations. A one or two-day roundtable of Chinese and European experts will be held in Beijing on this topic in the second part of 2014.
SAIC ACCESSION TO TMCLASS
Leading Chinese Body: SAIC
Main Participants(s): SAIC; OHIM
Background & Short Description: TMclass helps users classify goods and services. When users search in the tool, they can see participating office databases where that term appears (including translation and classification reference). SAIC and OHIM have made quick progresses in discussing SAIC’s integration of TMclass. Once SAIC provided necessary data and after conducting the feasibility study, OHIM prepared a test environment for TMclass and the integration was successfully achieved in March 2014, thus bringing a total of 36 national and regional IP offices into the tool. Users now have the possibility to search and translate goods and services also in Chinese, in addition to the other available languages.
ROVING SEMINARS IN CHINA ON THE COMMUNITY TRADEMARK
Leading Chinese Body: SAIC
Main Participants(s): SAIC, Chinese industry and other rights holders, lawyers
Background & Short Description: The Community Trademark (CTM), a trademark application filed with OHIM, provides a simplified avenue for Chinese businesses and other entities to obtain protection for their marks in multiple EU countries, and potentially reduced costs of obtaining trademark protection in Europe. As such, the CTM can be a quite useful tool for Chinese businesses and other Chinese entities. A roving seminar (a series of 2-3 seminars) on the CTM in 2-3 different cities in China will be organized by IP Key in the second part of 2014 in cooperation with SAIC.
TECHNICAL FEASIBILITY STUDY ON POSSIBLE IMPLEMENTATION OF TMVIEW
Leading Chinese Body: SAIC
Main Participants(s): SAIC, OHIM
Background & Short Description: TMview is an online consultation tool that allows the user to search, free of charge, the trademarks of all official trademarks offices which are participating at the national, international and EU level. As such, it is a very valuable tool for use by the general public worldwide, especially SMEs, and administrative and enforcement agencies. A technical feasibility study on SAIC’s possible accession to TMview will be conducted.
PATENTS & INNOVATION
PEER TO PEER EXCHANGE ON UTILITY MODEL SYSTEMS
Leading Chinese Body: SIPO
Main Participants(s): SIPO, etc.
Background & Short Description: SIPO is open to hearing experiences from Europe about how its Member States (MS)' utility model (UM) systems work, and is also open to exchanging information on how China's UM patent system works. It is hoped that these exchanges would provide SIPO and EU MS’ patent offices useful ideas to foster quality patents, and will provide stakeholders on both sides useful clarity on the workings of one another’s UM systems. SIPO will collect relevant Chinese stakeholders’ questions about the workings of different EU MS’ UM systems, and IP Key will collect questions from relevant EU stakeholders about the workings of China’s UM system. IP Key and SIPO will then answer these questionnaires. This exchange will serve as a partial basis for a follow-on roundtable in May 2014 in Beijing with SIPO representatives and representatives of six EU MS’ patent offices who have or had a UM system to discuss best practices and experiences related to UM systems.
EXTENDED WORKING GROUP AND ROUNDTABLE: ASSIST IN DRAFTING AND PROMULGATING AMENDED PATENT LAW AND IMPLEMENTING REGULATION AND MINISTERIAL GUIDELINES
Leading Chinese Body: LAC
Main Participants(s): LAO, SIPO
Background & Short Description: The draft of the 4th revision of the Patent Law, which has been undergoing two rounds of consultations and reviews, is now being prepared by SIPO. It will then successively be reviewed by the LAO and the LAC. IP Key will hold workshops in Europe and China to engage and support the LAC in facilitating peer to peer exchanges on the revision of the Patent Law aimed at collecting materials and information relevant for the drafting work. The peer to peer exchanges in two European countries are planned for July 2014.
ROVING SEMINAR IN THE EU ON THE CHINESE PATENT SYSTEM
Leading Chinese Body: SIPO
Main Participants(s): EU industry and lawyers
Background & Short Description: These roving seminars are intended to spread knowledge of the Chinese patent system throughout Europe, as well as knowledge of the European Union’s cooperation with China on IP issues. The seminar series will be held in three cities in Europe in June 2014, where an overview of the Chinese patent system and a comparison of it to the relevant EU Member States’ systems will be provided.
DESIGNS
SIPO ACCESSION TO DESIGNVIEW
Leading Chinese Body: SIPO
Main Participants(s): SIPO, OHIM
Background & Short Description: Designview is an online consultation tool that allows the user to search, free of charge, the designs of all official designs offices that are participating at the national, international and EU level. As such, it is a useful tool for general users, including SMEs, and administrative and enforcement agencies. A group of technical experts from OHIM will examine how to guide SIPO’s integration into Designview.
ROVING SEMINARS IN CHINA ON THE EUROPEAN IP SYSTEM FOR DESIGNS
Leading Chinese Body: SIPO
Main Participants(s): SIPO, Chinese industry, Chinese research institutions, Chinese lawyers
Background & Short Description: These roving seminars are intended to promote knowledge and understanding in China of the registered community design (RCD) system, as well as knowledge of the European Union’s cooperation with China on IP issues. The seminar series will be held in three cities in China in April 2014, where an overview of the RCD and a comparison of it to the Chinese system for registered designs will be provided.
COPYRIGHTS & RELATED RIGHTS
ASSIST IN DRAFTING AND PROMULGATING AMENDED COPYRIGHT LAW AND IMPLEMENTING REGULATION AND MINISTERIAL GUIDELINES
Leading Chinese Body: LAC
Main Participants(s): LAC, NCAC, SPC, EU CCIs, EU CMS
Background & Short Description: The NCAC submitted the third draft revision of the copyright law to the Chinese copyright law to the State Council for their review. It will then be presented to the NPC for further review and final enactment. IP Key will hold workshops in Europe and China to engage and support the LAC in facilitating peer to peer exchanges on the revision of the Copyright Law aimed at collecting materials and information relevant for the drafting work. The peer to peer exchanges in two European countries will take place in May 2014.
COPYRIGHTS: ADMINISTRATIVE ENFORCEMENT, ADMINISTRATIVE CLEARANCE TO ACCESS THE ON-LINE CHINESE MUSIC MARKET AND GUIDANCE FOR EUROPEAN STAKEHOLDERS
Leading Chinese Body: MOC
Main Participants(s): LAO, NCAC, Copyright Bureaus, Cultural Enforcement Departments, European copyright industries, other copyright stakeholders in Europe and China
Background & Short Description: During the 11th and the 12th EU-China IP Working Group, the EU reiterated its concern over the “Online Music Circular” which aims at addressing the challenge by which (unhealthy) content spreads over the internet. As the circular is undergoing a policy review by MOC, the EU suggested to MOC to enhance dialogue on this issue during a round table workshop. In addition, IP Key and MOC will review Chinese and European experiences with on-line copyright infringement cases in the course of training sessions for local Cultural Enforcement Departments (COBs).
EXCHANGE ON COLLECTIVE RIGHTS MANAGEMENT (INCL. ON DOWNLOADS AND STREAMING OF ONLINE MUSIC)
Leading Chinese Body: NCAC
Main Participants(s): NCAC, MOC, internet stakeholders including ISP/ICP, CMS, CCIs
Background & Short Description: Chinese stakeholders voiced their views and interest in improving collective management in China during a workshop in September 2012 that the EU was invited to co-organise. EU has been exploring in (Collective Management Societies; CMS) for over a hundred years. With the advent and development of the internet, the environment in which CMS operate is being dramatically transformed. IP Key will setup a workshop for the EU and China to share and discuss their respective experiences.
TRADE SECRETS
PEER TO PEER EXCHANGES ON ENFORCEMENT OF TRADE SECRETS
Leading Chinese Body: SAIC
Main Participants(s): SAIC, etc.
Background & Short Description: As increasingly more domestic and foreign companies have suffered from trade secret violations in China, there is a desire to enable adequate adjudicating of cases of trade secret theft. A group of stakeholders from the EU side coordinated by IP Key and the Chinese sides will prepare a list of questions to each other about trade secret enforcement mechanisms and then exchange the questionnaires. SAIC and relevant European bodies will be requested to answer these questions, and the results of the questionnaires will feed into a follow-up one-day workshop at SAIC in Beijing, at which experts from China and EU will exchange and discuss more details on protecting and enforcing trade secret.
GEOGRAPHICAL INDICATIONS
IMPLEMENTATION OF GI PROTECTION
Leading Chinese Body: MOFCOM
Main Participants(s): AQSIQ, SAIC, MOA, GI holders
Background & Short Description: During the 12th EU-China Summit held in Nanjing on November 30, 2009, leaders from both sides announced the launch of the bilateral negotiations towards an EU-China GI cooperation agreement. Once signed, the agreement will greatly promote the cooperation of both sides in GI protection. After the signature of the GI agreement by China and the EU, a platform to facilitate exchanges will be provided under the New China-EU IP Cooperation Project.
IMPLEMENTATION OF GI PROTECTION: PROTECTION OF IP AND GIS IN PARTICULAR NEEDS A FUNCTIONING IMPLEMENTATION SYSTEM
Leading Chinese Body: AQSIQ
Main Participants(s): MOFCOM, GI holders
Background & Short Description: The relevant departments in EU and China have intensified their cooperation on Geographical Indication matters since the signature of a MoU between EU’s DG AGRI and China’s AQSIQ in 2005. IP Key will facilitate the organization of thematic trainings, to be hosted by AQSIQ in China, that will focus on aspects including but not limited to quality insurance of GIs, processes for modifying the technical files of GIs as well as the revocation of GIs when necessary.
ENFORCEMENT
PROMOTION OF EU-CHINA CUSTOMS COOPERATION ON IPR ENFORCEMENT
Leading Chinese Body: GACC
Main Participants(s): GACC, port customs / TAXUD, OLAF, Customs of MSs / Chinese and European industry active on the EU and the Chinese market, EU-China Federation of Industry, IP substantive committees (e.g. Quality Brand Protection Committee)
Background & Short Description: Following the 2008 JCCC in Beijing, DG TAXUD and GACC launched the first EU-China Customs IPR Action Plan in November 2009. Such actions have been supported successively by the IPR2 and EUCTP projects. IP Key will provide further support with the preparation and implementation of activities under the Action Plan concerning EU-China Customs Cooperation on IPR (2014-2017).
DETERRENCE AND COORDINATION IN CRIMINAL ENFORCEMENT (SPP)
Leading Chinese Body: SPP
Main Participants(s): SPP and Provincial Procuratorates
Background & Short Description: Relevant judicial and best practices of law enforcement in the area of criminal IP enforcement in Europe are often difficult to access for prosecutors in China. The Chinese procuratorates have an interest in establishing a continued dialogue to improve this situation. IP Key will support SPP in organizing a peer to peer exchange in Europe on Criminal IPR enforcement best practices.
DETERRENCE AND COORDINATION IN CRIMINAL ENFORCEMENT (MPS)
Leading Chinese Body: MPS
Main Participants(s): Criminal Enforcement Authorities
Background & Short Description: MPS has expressed the demand to reach a higher degree of understanding of EU Intelligence-led enforcement and operational models. In particular, the MPS has an interest in establishing a continued dialogue with public security organs prosecuting cases of IP crime. IP Key will support MPS in organizing trainings and peer to peer schemes on Criminal IPR enforcement best practices.
EXCHANGES AND COOPERATION ON IMPROVING ENFORCEMENT AT TRADE FAIRS
Leading Chinese Body: MOFCOM
Main Participants(s): MOFCOM, IP authorities at central and local level, trade fair organisers
Background & Short Description: IP Key will support the EU and China will further its cooperation on enforcement of IP at Trade Fairs. This may include exchanges on the possible revision of the 2006 “Protection Measures for Intellectual Property Rights During Exhibitions (“Trade Fair Protection Measures”)as well as building on past support to the setup of IP service stations under IPR2.
OTHERS
FEASIBILITY STUDY ON “CHINESE-EU COOPERATION IPR & INNOVATION SME HELPDESK"
Leading Chinese Body: MIIT
Main Participants(s): EU SMEs, Chinese SMEs
Background & Short Description: Innovative European and Chinese SMEs often face similar difficulties navigating foreign markets. The EU has valuable experience to share with Chinese counterparts, gained from, among other projects, the EU SME Centre and the China IPR SME Helpdesk. Drawing from these experiences and the interests and experiences of Chinese counterparts, a mutually-beneficial cooperation platform might be created to benefit both innovative European SMEs coming to China and innovative Chinese SMEs going to Europe. As the first step in this project, a feasibility study will be conducted by MIIT in coordination with relevant EU projects/stakeholders to propose a structure and scope for a “China-EU Cooperation IPR & Innovation SME Helpdesk”.
ROUNDTABLE ON IP PROTECTION SYSTEMS
Leading Chinese Body: MOFCOM
Main Participants(s): Enforcement agencies, Chinese and EU Industry, academia
Background & Short Description: In July 2010, the Ministry of Commerce of China and the Federal Ministry of Economics and Technology of Germany signed a "Memorandum of Understanding of Jointly Supporting the Establishment of Sino-German Ecopark". The Ecopark has made a 3-year Plan on IP Protection and Legal Aid and wish to carry out some of the activities through new China-EU IP cooperation. A one day roundtable on system of protecting intellectual property will be held, showcasing the above experience amongst other ways to address IP challenges.