Endorsement of IP Key’s Yearly Action Plan 2015
IP Key’s Yearly Action Plan (YAP) for 2015 was endorsed by its respective management boards in February. The YAP 2015 was drafted in close consultation with a total of 15 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 policies; designs; copyrights and related rights; trade secrets; geographical indications; and enforcement among others.
A number of activities are already under preparation for implementation and can be found in the upcoming activities page here. 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
EXPERTS' ROUNDTABLES AND SEMINAR WITH SAIC ON TM BEST PRACTICES
Leading Chinese Body: SAIC
Main Participants(s): CTMO and TRAB examiners; OHIM TM experts
Background & Short Description: EU and China want to continue their exchanges on the TM related issues, in view of the implementation of recently revised Chinese TM Law. In the first part, IP Key and SAIC will identify a panel of Chinese and EU Trade Mark experts, selected among CTMO/TRAB and OHIM examiners, lawyers and academics. The roundtables could take the form of legal and/or technical exchanges - depending on the topics to be addressed - between EU and CN experts and will be aimed at preparing a medium scale seminar to present relevant outcomes and findings.
ROVING SEMINARS IN THE EU ON THE CHINESE IP SYSTEM (TRADEMARKS)
Leading Chinese Body: SAIC
Main Participants(s): EU companies operating in China; TM professionals; CN experts
Background & Short Description: The Chinese Trade Mark law and enforcement system have been recently revised, bringing important changes for Trade Mark owners. Soon after the adoption of the New TM Law, implementing regulations and official interpretations have been issued to further clarify/specify the extent of major revisions. A set of roving seminars with the participation of Chinese trade mark experts, aimed at presenting an updated picture of the Chinese trade mark protection system and related enforcement aspects, will be organized in up to three European cities by IP Key and SAIC.
SAIC ACCESSION TO TMCLASS: WORKSHOP ON THE TERMINOLOGY MAINTENANCE CONSOLE (TMC)
Leading Chinese Body: SAIC
Main Participants(s): SAIC, OHIM
Background & Short Description: TMClass helps users classify goods and services when applying for a trade mark. When users run a search in the tool, they can see participating office databases where that term appears, in addition to translations of that term. In 2014 SAIC successfully completed the accession to TMClass under the IP Key plan of implementation. A workshop /seminar in Alicante on TM classification is foreseen to demonstrate how SAIC can manage their own data set as an administration in the “Terminology Maintenance Tool”.
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 filed and granted in the participating Trade Mark Offices. OHIM engaged with SAIC in order to integrate the Chinese trademark data into TMView. A feasibility study was started in 2014 and will continue in 2015.
PATENTS & INNOVATION
ROVING SEMINARS IN THE EU ON THE CHINESE IP SYSTEM (PATENTS)
Leading Chinese Body: SIPO
Main Participants(s): European industry
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, where an overview of the Chinese patent system and a comparison of it to the relevant EU Member States’ systems will be provided.
PEER TO PEER EXCHANGE ON DEVELOPING A WELL FUNCTIONING INNOVATIVE SYSTEM
Leading Chinese Body: MOFCOM
Main Participants(s): MOFCOM, MOST, MIIT
Background & Short Description: A seminar in China will be organised to facilitate the exchanges and discussion of Chinese and European experts on the policy-making and development of a well-functioning innovative system
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. Following the feasibility study finished in 2014, the integration of SIPO into Designview will proceed in 2015.
COPYRIGHTS & RELATED RIGHTS
PEER TO PEER EXCHANGES IN EUROPE WITH LAC ON THE REVISION OF COPYRIGHT LAW
Leading Chinese Body: LAC
Main Participants(s): LAC
Background & Short Description: The current Chinese Copyright Law was reviewed and approved by the 7th Standing Committee of National People’s Congress in September, in 1990 and was promulgated on June 1st ,1991. The Copyright Law went twice through revision in 2001 and 2010 respectively. Further revision of China Copyright Law has been listed in the legislation program of Standing Committee of National People’s Congress. IP Key will continue the exchanges with the Legislative Affairs Commission at the Standing Committee of the National People's Congress (LAC) on the current workings for the reform of Chinese Copyright Law, by providing further occasions for knowledge transfer between EU experts and LAC on selected topics, inclduing resale rights, collective management, performers' and producers' rights, copyright enforcement online and others of relevance.
STRENGTHENING CHINA’S ENVIRONMENT OF COPYRIGHTS AND RELATED RIGHTS
Leading Chinese Body: NCAC
Main Participants(s): NCAC, MOC, internet stakeholders including ISP/ICP, CMS, CCIs
Background & Short Description: IP Key will support up to 8 Chinese delegates to attend workshops/seminars in Europe and conduct in depth discussions on copyright enforcement issues of mutual concern. Chinese delegates will exchange ideas and proposals with their European interlocutors on possible enforcement cooperation mechanism and how to set up such a mechanism. It will also be particularly relevant to see how strong CMOs can further improve such system. In addition, a follow-up roundtable meeting on controversial issues arising from the 3rd revision of Chinese Copyright Law is envisaged to be held later this year in China.
ANTI-UNFAIR COMPETITION, TRADE SECRETS
EXPERTS ROUNDTABLE ON SEVERAL ANTI-UNFAIR COMPETITION ISSUES
Leading Chinese Body: SAIC
Main Participants(s): SAIC Competition Bureau
Background & Short Description: In 2014 IP Key and SAIC facilitated peer to peer exchanges between Chinese and EU experts on the enforcement of trade secrets, which resulted in a large experts' roundtable in Beijing, hosted by SAIC, with the participation of Chinese judges and SAIC experts. The exchange with EU and CN sides highlighted several areas worth further investigation, including the possibility that a process of revision of the Anti-Unfair Competition law might take place in the future, embracing protection of trade secrets and other unfair-competition related issues, and/or a new Trade Secrets Law is enacted. A one-day experts roundtable on unfair competition issues (trade secrets, slavish imitation of products, fake indication of orign) with EU experts from judiciary and academia will be held in late May in Shenzhen, with the participation of SAIC officials, AIC officers, Chinese judges and academics.
IP CRIMINAL LAW
PEER TO PEER EXCHANGES IN THE EU WITH LAC ON THE REFORM OF IPR CRIMINAL LAW
Leading Chinese Body: LAC
Main Participants(s): Members of LAC
Background & Short Description: China has attached great and consistent importance to the criminal protection of Intellectual Property Rights. In the Criminal Code, specific articles regulate some IPR infringement crimes. LAC is in the process of further reviewing the Chinese IPR Criminal Code, which has recently undergone a 9th revision at Standing Committee level. IP Key and LAC will partner in the organization of a study visit for a DG-level delegation of LAC, to take place during at least 8-days in two EU countries, aimed at facilitating occasions of knowledge and best practice sharing on IPR criminal law.
GEOGRAPHICAL INDICATIONS
PEER TO PEER EXCHANGE WITH AQSIQ IN THE EU ON GI ADMINISTRATION AND ENFORCEMENT SYSTEM
Leading Chinese Body: AQSIQ
Main Participants(s): Members of AQSIQ at central and provincial level
Background & Short Description: In late 2014 IP Key and AQSIQ partnered in the organisation of an EU China seminar on GI post-registration mechanisms, that focused on controls and supervision in the GI system. Exchanges between EU and China on the matter of an efficient and reliabe GI implementation and enforcement system - with increasingly accountable controls and supervision mechanisms - should continue, in order to improve the overall reliability of the system and also in view of the future implementation of the new EU-China GI agreement. IP Key and AQSIQ will organize field study visits to Europe, for a delegation of AQSIQ (possibly also including representatives of respective GIs), in order to further understand the functioning of GI implementation mechanisms in their respective territories.
ENFORCEMENT
PEER TO PEER BEST PRACTICE EXCHANGE ON DETERRENCE AND COORDINATION IN ADMINISTRATIVE ENFORCEMENT
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: IP Key will continue to support nationwide training to address key substantive and technical issues of online copyright enforcement. Built on the results achieved in YAP1, IP Key will also support the MoC and EU counterparts to establish regular exchange mechanisms by setting up a joint task force with members from Chinese and EU sides to exchange information and recent work progress of each party and to discuss issues of mutual interests. It is envisaged that MoC will coordinate and lead key cultural enforcement department staff to the EU to consult and exchange with European counterparts (authorities, industry associations or companies) to better understand cross-border enforcement best practices and experience in the EU.
PEER TO PEER EXCHANGE IN THE EU ON IPR CRIMINAL ENFORCEMENT WITH SPP AND MPS
Leading Chinese Body: SPP and MPS
Main Participants(s): Members of Investigation and Supervision Department of SPP at central and provincial level, MPS
Background & Short Description: With the fast development of Internet in a globalized economy, the number of IPR infringement criminal cases is increasing. IP crime see an increasing involvement of transnational criminal organisations and government should seek further instruments for cooperation to crack down this phenomenon. IP Key will organize a study visit to three EU countries for a delegation of SPP and MPS officials as well as provincial procurators, in order to discuss topics of IPR Criminal enforcement.
PROMOTION OF EU-CHINA CUSTOMS COOPERATION ON IPR ENFORCEMENT
Leading Chinese Body: GACC
Main Participants(s): GACC, CN port 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)
Background & Short Description: DG TAXUD and GACC launched the first EU-China Customs IPR Action Plan in November 2009 with an implementation period ending in December 2012. The new EU-China Action Plan concerning customs cooperation on IPR (2014-2017) was signed on May 16 2014 in Beijing, China. It sets out five Key Actions (KA) to strengthen customs enforcement in the fight against the trade in IPR infringing goods. Two meetings under the new Action Plan have taken place in China and Europe in 2014. In this context, IP Key will provide further support with the preparation and implementation of activities implemented in 2015.
ROUNDTABLE ON HARMONISING THE EU AND CHINESE SYSTEMS FOR ELECTRONIC MONITORING CODES FOR ESSENTIAL DRUGS
Leading Chinese Body: CFDA
Main Participants(s): CFDA
Background & Short Description: China’s electronic drug supervision system will cover all drug varieties and relevant production and distribution links in 2015. The EU also has an electronic drug supervision system with an important part of electronic monitoring codes on essential drugs (EDMC). As drug distribution becomes increasingly globalised, it is important for EU and Chinese entities to deepen communication and harmonise relevant regulations and standards. A roundtable, possibly along with other meetings and exchanges, will be held in Beijing on EDMC.
DETERRENCE AND COORDINATION IN JUDICIAL PROTECTION OF IP
Leading Chinese Body: SPC
Main Participants(s): Judges nationwide involved in the adjudication of IP cases
Background & Short Description: This activity will provide support to sustain exchanges between Chinese and European judges on specific substantive and procedural matters. It is envisaged to carry out up to 2 seminars in China and 1 workshop in the EU.
OTHERS
CHINESE DELEGATION LED BY MOFCOM TO EU FOR IPR EXCHANGE
Leading Chinese Body: MOFCOM
Main Participants(s): All agencies
Background & Short Description: MOFCOM will be leading a Chinese delegation to the EU to meet their EU counterpartson general IP policy, legislative and enforcement issues. These issues are relevant to the ongoing revision of a number of Chinese IP laws and regulations.
ROUNDTABLE ON IP & STANDARDS
Leading Chinese Body: MOFCOM, MIIT
Main Participants(s): MOFCOM, MIIT, SIPO, SAC , SSOs, industry
Background & Short Description: This roundtable would gather representatives from MOFCOM, MIIT, other relevant Chinese authorities, European officials and representatives from European and Chinese standards-making bodies to explore the inter-face between IP and standards policies.
FEASIBILITY STUDY (INCLUDING RESEARCH GROUPS) ON CHINA-EU COOPERATION IPR & INNOVATION SME HELPDESK
Leading Chinese Body: MIIT
Main Participants(s): EU and Chinese industry
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. A study jointly financed by MIIT and IP Key will be conducted to propose a structure and scope for a helpdesk and provide recommendations for next steps towards potentially developing the helpdesk.
ROUNDTABLE/STUDY VISIT ON REGULATORY DATA PROTECTION AND DRUG REGISTRATION
Leading Chinese Body: CFDA
Main Participants(s): CFDA
Background & Short Description: A solid substantive legal framework and effective implementation of rules for protection and supervision of pharmaceuticals, particularly relating to regulatory data protection and drug registration, are necessary to stimulate investments and innovation in particular in the field. A six-member CFDA delegation will be sent to two EU countries to share experiences and best practices on these topics with DG SANCO and relevant national-level authorities.
10th ANNIVERSARY VISIBILITY CAMPAIGN
Leading Chinese Body: MOFCOM
Main Participants(s): EU, China IP professionals, EU and Chinese Officials as well as all EU and China stakesholders
Background & Short description: 2015 marks 10 years of the signature of the EU-China IPR Cooperation Framework Agreement. The EU and China will jointly conduct a series of activities throughout 2015 in both China and Europe highlighting the importance and significance of EU-China IP dialogue mechanism.