Roundtable Meeting on IP Protection Systems in the EU and China
IP Key conducted a one day round table on intensified IP enforcement systems that may exist at a local level in the EU and China. The roundtable was organised in partnership with MOFCOM, under the effigy of the the New EU-China IP Cooperation in cooperation with the the Sino-German Ecopark and the Qingdao Arbitration Commission on the 5th September 2014.
Overview
Speakers from the European Union delegation in China, MOFCOM, Sino- German Ecopark, IP Key and experts from industry as well as European and Chinese judges, arbitrators and lawyers discussed experiences on key enforcement strategies. The discussions demonstrated how solid IP protection mechanisms can promote the development of innovative industries by focusing at simplifying and improving the substantive issues which industries have to face to ensure prompt enforceability.
Discussion Points
More specifically,the discussion addressed the following specific areas:
1. IP protection system in the EU and in China (administrative enforcement, civil protection and judicial protection): European and Chinese experts will give presentations respectively on the IP protection systems in the EU and in China. The comparison will give a snapshot of the differences between the two systems and highlight the pitfalls of Chinese IP enforcement system with indication of potential for improvement.
2. The role of arbitration; Importance of Alternative Dispute Resolution (ADR): The role of IP arbitration as a cost-effective dispute resolution mechanism isn’t yet fully recognised in China and IP cases accepted by the arbitration institutions are still relatively low (though growing). European expert will present the international IP dispute resolution mechanism to illustrate how the application of IP arbitration and mediation can effectively facilitate the development of a diversified IP protection system.
3. IP protection ad hoc mechanism in the EU: Given the peculiarities of trade fairs, European countries have developed means of alternative enforcement procedures to improve the traditional civil, criminal and administrative enforcement mechanisms. The European expert will give an introduction of IPR enforcement at trade fairs in Europe and compare practices of selected European member states.
4. IPR awareness raising and IP management tools: Apart from the national IP protection legal framework and government support services, enterprises play a crucial role to implement proactive strategies to optimize the value of IP assets, they will share their experiences.
Agenda
Roundtable Meeting on IP Protection Systems in the EU and China
5 September 2014
Hilton Qingdao Golden Beach
Agenda
08:30 - Registration
09:00 Opening remarks
Moderator: Mr. Shen Lei, Deputy Director, Sino-German Eco Park Management Committee
- Mr. Wang Jianxiang, Vice-Mayor, Qingdao Municipality
- Mr. Zhang Chenyang, Director of Trade Law Division, Department of Treaty and Law, MOFCOM
- Mr. Benoît Lory, Minister Counsellor, Responsible for IP Policy, EU Delegation to China and Mongolia
09:30 Welcome by host: Introduction of the Sino-German Ecopark
- Mr. Zhao Shiyu, Director, Sino-German Eco Park Management Committee
Session 1 – IP Protection Systems in the EU and China
09:40 Introduction of IP Enforcement Mechanisms in China
- Mr. Tan Jian, Division Director, Office of the National Leading Group on the Fight Against IPR Infringement and Counterfeiting
10:00 Introduction of IP Enforcement Mechanisms in the EU and Comparative Analysis
- Mr. Benoît Lory, Minister Counsellor, Responsible for IP Policy, EU Delegation to China and Mongolia
10:20 Q & A
10:35 - Tea break Session 2 – IP Protection Systems in the EU and China (ad hoc mechanisms)
10:50 IP Protection System of the Sino-Eco German Ecopark
- Mr. Ling Song, IP Protection Centre, Sino-German Ecopark (tbc)
11:10 Ad hoc enforcement mechanisms in the EU showcasing IP Protection at Trade Fairs
- Giovanni Casucci, EU expert
11:30 Presentation by Qingdao Intellectual Property Bureau
- Mr. Zhang Xiuting, Director of Legal Affairs Division, Qingdao Intellectual Property Office
11:50 IP Protection System of the Suzhou Industrial Park
- Mr. Xu Wenqing, Director of Intellectual Property Office, Suzhou Industrial Park
12:10 Q & A
12:25 – Lunch
Moderator: Mr. Wang Hengdong, Qingdao Arbitration Commission
Session 3 – Enforcement – Roles of Courts and importance of ADR
14:00 Presentation on International IP dispute resolution mechanisms
- Giovanni Casucci, EU expert
14:20 Role of Arbitration as part of the IP dispute resolution system
- Ms. Jiang Qiaozhen, Director and Secretary-General of Qingdao Arbitration Commission
14:40 Chinese IP Legal Framework and IP dispute resolution system
- Mr. Ma Dongxiao, Partner, Zhong Lun Law Firm, expert in the Chinese National IP Expert Database, Member of Qingdao Arbitration Commission
15:00 Judicial Protection of Intellectual Property Rights in Qingdao
- Mr. Ji Xiaoxin, Doctor of Laws, Judge from IP Tribunal of Qingdao Intermediate People’s Court
15:20 Q & A
15:35 - Tea break
Session 4 – Awareness raising and development of tools for industry
15:50 Trade Secrets and Non-Compete Agreement
- Professor Liu Xiaohai, Intellectual Property Institute of Tongji University
16:10 IP Management
- Mr. Benoît Misonne, Technical Expert Team leader, IP Key
16:10 Industry Presentation
- Mr. Wei Tiandi, General Manager, Shandong Saile Sino-German Biological Technology Co., Ltd
16:50 Q & A
Closing Remarks
- Mr. Benoît Misonne, Technical Expert Team leader, IP Key