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Welcome to the EU-China IPR2 Project eNews which is intended to and keep our stakeholders up-to-date with project developments, up-and-coming activities, events and publications. |
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August 2009 |
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IPR2 undertook a number of activities from April to July – including training programmes, study visits, workshops, seminars; as well as launching a legal search tool and various publications – covering revision of the Patent Law, Copyright Law and Trademark, criminal IPR enforcement, access to IP legal information, trademark and design registration, trademark protection, business secretes protection, IP management, regulation of on-line business, copyright protection on the Internet and dialogue support. Please follow the links in this update for more information about these activities. Your feedback is always welcome at info@ipr2.org. |
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PUBLICATION - Third revision of China’s Patent Law: Legal texts and documents on the drafting process 2006-2008, 11 August 2009
The 'Third Revision of China's Patent Law: Legal texts and documents on the drafting process 2006-2008' has been published and is available to download. Forming part of IPR2’s work on supporting revision of the major IP laws under the implementation of China’s National IP Strategy, the publication compiles the most relevant documentation at each stage of the Patent Law revision, including the legal texts and supporting documents, such as explanatory notes from the Chinese authorities and comments submitted by institutional stakeholders and industry over the course of the revision. The compilation aims to be a valuable source of information for all stakeholders, in particular officials, academics, students and legal professionals, regarding the purpose and objectives behind the third revision of the Patent Law.Read more>>

TRAINING - EU-China training course on criminal IPR enforcement and application of criminal IP law, 25-29 July 2009, Wuhan
IPR2, together with the Ministry of Public Security (MPS), organised training for local criminal enforcement and public security officials on experiences and best practices of criminal IPR enforcement. The training aimed to provide comprehensive information and best practices on criminal IP enforcement and the transfer of cases, provide a platform for experience sharing between Chinese and European IP prosecutors and increase understanding of the most relevant issues for adjudication and handling of criminal IP cases in the officials’ daily work.
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SEARCH TOOL – Launch of new legal platform for IP in China, 9 July 2009, Beijing
Senior Officials from the Ministry of Commerce, the Delegation of the European Commission to China together with senior academics from Peking University inaugurated the China IP Law Search, a new platform of laws and regulations related to the protection and enforcement of intellectual property in China. More than 80 representatives of government, industry, law firms, academics, students and the press gathered at Peking University to learn how China IP law Search could contribute to their daily work www.ipr2.org/ipsearch.
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WORKSHOP - EU-China workshop for the Comparative Study on Design Registration, 7 July 2009, Beijing
Under the framework of IPR2, the Office for the Harmonisation of the Internal Market (OHIM) and China’s State Intellectual Property Office (SIPO) have concluded a comparative study on design registration. The findings of this study were shared at a workshop in Beijing and are available to download. As part of its ongoing co-operation in the area of designs, OHIM and SIPO undertook this comparative study to further understanding of each other's processes and operations leading to the registration of a design, including appeal and cancellation proceedings.
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WORKSHOP - EU-China workshop for the Comparative Study on Trademark Registration, 6 July 2009, Beijing
Under the framework of IPR2, the Office for the Harmonisation of the Internal Market (OHIM) and China’s State Administration for Industry and Commerce (SAIC) have concluded a comparative study on trademark registration, sharing their findings at a workshop in Beijing. As part of its ongoing co-operation on trademarks, OHIM and SAIC undertook this comparative study to further understanding of each other’s processes and operations leading to the registration of a trademark, including appeal and cancellation proceedings.
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WORKSHOP - Workshop on the Protection of Business Secrets, Shanghai, 25-26 June 2009
In co-operation with the State Administration for Industry & Commerce (SAIC), IPR2 organised a workshop on the protection of business secrets for local Administration of Industry and Commerce enforcement officers, to highlight the key issues and the practical implications of the existing legal systems in China and Europe as well as to share best practice on how to tackle infringing behaviours.
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SEMINAR - International Seminar on IP protection of software, 18 June, Beijing and 19 June 2009, Dalian
IPR2 supported the implementation of two seminars aimed at enhancing the mutual understanding of intellectual property protection in the software and service outsourcing industry. Co-organised by the China Association of Trade in Services (CATIS), under the Ministry of Commerce (MOFCOM), both events aimed to build understanding on the challenges and means of improving the international competitiveness of enterprises and the overall development of this industry.
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TRAINING - EU-China training on copyright protection on the Internet, 15-16 June, Harbin and 18-19 June 2009, Yinchuan
IPR2 and the National Copyright Administration of China (NCAC) furthered co-operation with two training sessions on on-line copyright protection and enforcement on the internet, providing a platform for Chinese and European copyright enforcement bodies to share intelligence and best practices in their fight against on-line piracy.
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WORKSHOP - EU-China Workshop on the regulation of on-line business, Quanzhou, 11-12 June 2009
IPR2 supported the State Administration for Industry & Commerce (SAIC) in organising a workshop for local officials on the monitoring of internet business behaviour, including enforcement of IP rights to reinforce capacity in adjudicating and handling internet-related cases.
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TRAINING - EU-China training on IP management, 27 May 2009, Chengdu
IPR2 supported a one-day training for local officials and industry in the Chengdu High-Tech Incubation Park, together with the EU Project Incubation Centre. Local IP authorities and some 80 participants representing local industry and law firms attended the training to learn more about how an IP strategy can help a company to do business where it wants and achieve and maintain the competitive advantage it seeks.
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STUDY TOUR - Study tour on revision of the Copyright Law, Austria, Switzerland and Spain, 14-25 May 2009
IPR2 supported a delegation of officials from the Legislative Affairs Commission (LAC) of the Standing Committee of the National People's Congress (NPC) on a study tour to Austria, Switzerland and Spain, to meet with European academics, officials and practitioners, as part of China’s revision of the Copyright Law, discuss the expected impact of the new law and provide recommendations to the drafting team.
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TRAINING - EU-China Training Programme on IP Management, Xi’an, Jiangyin and Beijing, 18-27 May 2009
IPR2 supported the Ministry of Science and Technology (MOST) in implementing a second series of training sessions on IP management, to promote exchanges on best practices of IP management and to enhance the capacity of Chinese and European authorities in managing IP.
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SEMINAR - Seminar on the Judicial Protection of Copyrights on the Internet, 27-29 April 2009, Beijing
IPR2 co-operated with the Supreme People’s Court (SPC) to implement a seminar on the judicial protection of copyrights on the internet, by way of informing the Chinese judiciary of European procedures for protecting copyrights on-line, enhancing understanding of European and international practices of IPR protection, and increasing the capacity for adjudicating and handling such cases.
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WORKSHOP - EU-China workshop on trademark examination system, 22 April 2009, Beijing
IPR2 in collaboration with the State Administration of Industry and Commerce (SAIC) held a workshop to compare procedures on the examination of trademarks, in particular ex officio relative grounds examination and relative grounds examination upon request. Three experts from the EU's Office of Harmonisation for the Internal Market (OHIM), UK Intellectual Property Office (UKIPO) and the Spanish Patent and Trademark Office (SPTO) covered the trademark examination system in the EU, the changes in the UK and Spain and provided a closer look at the Community Trademark system.
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FORUM - International forum on implementation of the national IP strategy, symposium on trademark protection and revision of the Trademark Law, 18-19 April 2009, Chongqing
In co-operation with the State Administration of Industry and Commerce (SAIC), IPR2 helped to support an international forum on the implementation of China's National IP Strategy, in the context of its ongoing revision of the Trademark Law, and a trademark protection symposium looking at how Chongqing can further develop as a national model for IP protection.
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DIALOGUE SUPPORT - Support to EU-China IP Dialogue 2009, 16-17 April 2009, Brussels
IPR2 supported the preparation of the 5th EU-China IPR Dialogue which took place in Brussels over two days, co-chaired by Ms Ewa Synowiec, Director, DG Trade in the European Commission and Ms. Li Ling, Director-General, Department of Treaty and Law of the Ministry of Commerce of P.R. China. The Dialogue continues the EU and China’s relationship on IP-related issues giving both sides the opportunity to exchange their views on developments with Europe and China’s respective IPR policy, update on progress made and consider the way forward on key action areas such as trademark law, music content censorship, and licensing agreements and standards in the ICT sector.
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TRAINING - EU-China training seminar on the criminal IPR enforcement and transfer of cases, Changzhou, 13 - 17 April 2009
IPR2, together with the Supreme People’s Procuratorate (SPP) held a training session for local prosecutors on criminal IPR enforcement and transparency and consistency in transferring criminal cases by administrative enforcement agencies. It aimed to promote the understanding, implementation and use of national and international best practices in evaluating the ‘infringing mass’ and treating cases accordingly.
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IPR2 BRIEF
The IPR2 Brief, the Project’s quarterly newsletter covering IP issues, Project activities, networks and news. If you would like hard copies for your office, please let us know info@ipr2.org. View past issues. |
ROADMAPS FOR IP PROTECTION
Two new issues in the IPR2 Roadmaps for IP Protection are available to download free-of-charge from www.ipr2.org/roadmap. If you would like hard copies for your organisation or to distribute to your network, please let us know info@ipr2.org.
How to Register and Protect a Community Trademark
overview of the European trademark registration system. A Community Trademark (CTM) is a supranational, unitary, exclusive intellectual property right valid and enforceable in the EU’s 27 Member States, and therefore a market of almost 500 million consumers. CTMs are governed by the Community Trademark Regulation and administered exclusively by the Office for the Harmonisation in the Internal Market (OHIM). While the CTM system does not replace the national trademark systems and OHIM does not replace the single industrial property offices of the EU-Member States, the existence of a supranational system gives trademark owners the possibility to choose, based on their business needs, an additional protection route once they have decided to enter a specific market.
How to Register and Protect a Community Design
overview of the European design registration system. A Community design is a right for the external appearance of a product or part of it, resulting from the features of the product itself and/or its ornamentation valid for all 27 Member States of the European Union and directly enforceable in all of these countries. This issue covers the term and scope of protection in Europe, the requirements for protection, the registration process and the key means (civil, administrative and criminal means) of enforcing a Community design.
A new issue in the series will soon be available - How to Apply for a European Patent - The European patent is a so-called “bundle patent” granting protection on the basis of a single application and a centralised European grant procedure with the European Patent Office. European patents are granted for inventions in any field of technology that are new, involve an inventive step and are susceptible of industrial application. This issue will cover the nature of patents, patentability requirements, filing and grant procedures and methods of appeal, as necessary.
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The European Patent Office (EPO) is the European implementing organisation for IPR2, with the support of the EPO Member States in specific fields and the Office for the Harmonisation of the Internal Market (OHIM) on trademark and design(www.epo.org and www.oami.europa.eu) |
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The Department of Treaty & Law, Ministry of Commerce of China (MOFCOM) is the Chinese implementing organisation (www.mofcom.gov.cn).
IPR2 is financed jointly by the European Union and the People’s Republic of China |
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This update has been produced with the assistance of the European Union. The views presented here are the sole responsibility of the project implementation team and can in no way be taken to reflect the views of the European Union nor those of the relevant authorities of the P.R. China. |
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C1505, Yonghe Plaza, 28 Andingmen East Avenue, Eastern District, Beijing 100007, P.R. CHINA [t] +86 10 8400 0756 [f] +86 10 6409 7984 |
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