European Union Chamber of Commerce in China

IPR Working Group (Beijing, Shanghai, South China)

Upcoming Working Group Meeting and Chair Election

Monday 11^th April, 9am-12am

European Chamber Shanghai (Shui On Plaza, Unit 2204, 333 Huai Hai Zhong Road)

European Chamber Beijing (Beijing Lufthansa Centre, Office C411A, 50 Liangmaqiao Road)

European Chamber South China (TBA)

Dear IPR Working Group Members,

The next IPR Working Group meeting is scheduled on Monday 11^th April in Beijing, Shanghai & South China where we will hold the 2016-2017 IPR Working Group Chairs elections. Next to that, we will also be kicking off the 2016/2017 IPR Position Paper discussion. Therefore we strongly encourage you all to attend this meeting and have your say in our lobbying priorities, strategy and direction of the group for the year to come. 

Tentative Agenda
•         09:00 – 09:10: Welcome remarks by Elliot Papageorgiou, Chair to the IPR Working Group in Shanghai                                                                                                                                   
•         09:10 – 09:45: Chair elections
•         09:45 – 12:00: Lobbying strategy & Key 2016/2017 Position Paper Discussion                                                                                                                                         

Chair Elections: Call for Candidates & Revised Chairs Structure
Additionally, it is once again time for the annual Chair elections this month. The IPR Chairs and Vice-Chairs play a crucial role in driving the Working Group, which includes a leadership role in the drafting of the Position Paper, communicating key messages to Chinese and European government authorities and steering Working Group meetings. The IPR Working Group can have, at most, one Chair and two Vice-Chairs. According to European Chamber guidelines, members must be present at the Working Group meeting to register a vote for the Chair elections.

Due to the recent reorganization of working groups this year’s IPR working group chairs election will  be structured somewhat differently from the years before:
•        The IPR Chair elections for Beijing, Shanghai and South China will be held jointly through video conference/dial-in
•        One National Working Group Chair will be elected (must be based in Shanghai or Beijing)
•        Each other chapter will have one “Vice Chair/Local Chapter Chair” elected
•        One additional Vice Chair position will be available for each individual chapter      

Should you be interested in putting your name forward for election, please read the attached Working Group Chairs’ Code of Conduct and Roles and Responsibilities documents, and express your interest in running by sending a note to Robert Slavenburg at rjslavenburg@europeanchamber.com.

2016/2017  IPR Working Group Position Paper
We will also kick off discussions for the 2016-2017 Position Paper. The Position Paper is the European Chamber’s key lobbying document and is widely recognised by the Chinese and European governments, EU institutions, business associations and the media as the authoritative voice of EU business in China. It is used extensively for policy considerations, bilateral discussions, cooperation projects and background information. The value and importance of a well-written and well-represented IPR Position Paper cannot be overstated. Working Group members are encouraged to review last year’s IPR Position Paper and identify internally the key issues to be included in the upcoming 2016-2017 edition. Working Group members are requested to send in their concerns and recommendations prior to the Working Group meeting. Please see below for your reference last year’s IPR Position Paper key recommendations:

1. Trademarks

1.1 Utilise the Examination Notice Procedure when Clarification on Trademark Applications is Needed
1.2 Implement a New Regulation that Addresses the Issue of the Unauthorised Use of Trademark Names in Enterprise Names

1.3 Explain that the Stock of Infringing Goods Detained by a Seller Who Meets the Criteria of an ‘Innocent Seller’, as Defined in Article 64.2 of the Trademark Law, Must be Disposed of Outside the Channels of Commerce

1.4 Improve Intellectual Property Rights (IPR) Enforcement When a Registered Trademark is Altered in Use so as to Constitute an Infringing use of Another Registered Trademark (the ‘Infringed Mark’)

2. Patents

2.1 Introduce an Effective Patent Linkage System
2.2 Clarify the Rules for Post-filing Submission of Supplemental Data
2.3 Introduce Adequate Protection for Biotechnology Innovations Related to DNA and Amino Acid Sequences

3. Copyright

3.1 Clarify What is Required to Show Ownership of Copyright

3.2 Improve Administrative Enforcement
3.3 Finalise the draft amendments to the Copyright Law, taking into account stakeholders' remaining concerns, and then implement them

4. Trade Secrets

4.1     Facilitate Criminal Prosecution of Trade Secret Theft and Raise Penalties Imposed on Such Infringements

Additional issues identified ahead of the Position Paper discussion for this year include:

·         OEM Trademark issue

·         Updated HNTE Status requirements

·         Certification and Standards

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We strongly encourage as many Working Group members as possible to attend this meeting of the new IPR Working Group and have their say in the leadership and the key messages of the Working Group in the year ahead.

If you would like to participate in this Working Group meeting, please register with Mr. Robert Slavenburg at rjslavenburg@europeanchamber.com.cn by Thursday 7^th April COB.

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