IPR Working Group meeting Go back »
-
Time2008-05-15 | 09:00
-
Venue:Guangzhou
-
Address:TianHe
-
Fee:Members: FREE |
Non Members: FREE
IPR Working Group Meeting
Thursday, 15th May 2008
9:00 – 10:30 am
Guangzhou
Member: Free of Charge
Non – Member: not open
Dear IPR Working Group Members,
We are delighted to invite you to the next IPR Working Group meeting which will take place on Thursday, 15th May from 9:00 – 10:30 am in Guangzhou
Agenda:
1. Final draft for the Position paper 2008/2009. On the end of May, all inputs should be including within the Position Paper. Please note that no other change will be permit after this meeting.
The Chair and Vice Chairman will introduce the key recommendations for this year.
To register for this meeting, please RSVP to trossignolt@euccc.com.cn by Wednesday, 14th May 2008 COB.
Event review
IPR Working Group minute
date: 16th April
Venue: Dezan Shira office
Author: Timothee Rossignol / Ioana Kraft
Topic: KEY RECOMMENDATIONS – PRD view
Company Name | Name |
Rouse&Co Intl |
Chris bailey |
Wragge & Co LLP |
Jian Xu |
US Consulate |
|
Andritz |
Petri Vilppula |
EUCCC |
Timothee Rossignol |
I. ACQUISITION, PROSECUTION AND TRANSFER OF RIGHTS
1. Formalities related to Technology transfers abroad
Registration formalities should be limited to restricted technologies
2. Proliferation of invalid Utility Models & Designs
a. Introduce in the Patent legislation and regulations provisions symmetrical to those of the Trademark Law, whereby a design shall not be registered, or shall be invalidated, if it is found to be identical or similar to a prior proprietary right (trademark, copyright, name etc.)
b. Provide that when invalidation is declared, the owner of the invalidated Utility Model or Design Patent shall pay the cost incurred by the owner of a prior right, and compensate any prejudice that may have been suffered by the prior right owner.
c. Reduce backlog of UM and Design
d. No serious consequences if bad faith registration
3. Backlog at the Trademark Office
Adapt the trademark law to the private nature of the trademark right:
i. If examination of relative grounds is maintained, provide for possibility to obtain a consent letter from the owner of a prior right (after examination is completed)
ii. If examination of relative grounds is cancelled, provide for a “cooling” period at the beginning of the opposition procedure, to allow for settlement and consent to be obtained from the opposing party.
II. ENFORCEMENT OF RIGHTS
4. Lack of legal protection
a. Protection of secret
See PPT 2007
b. Protection of unregistered designs against slavish copy
See PPR 2007
c. Compulsory licences / Revision of the Patent Law
Ensure that the Patent Law is in strict compliance with Trips, and adjust or delete all relevant articles that lead to compulsory licences in favour of infringers.
5. Civil enforcement
Excessive requirements of legalisation
i. Delete the requirement for the powers of attorney given to Chinese lawyers or agents.
ii. Replace systematic legalisation of documents by an optional decision to be made by the Court on a case-by-case basis, where there is reasonable doubt about the authenticity and/or content of a document. Delete such requirement from administrative practice.
6. Administrative enforcement
Lack of transparency and local protectionism
i. Fully acknowledge, and introduce in the law, the fact that a IP right is a private right. The IPR WG PRD is not sure that we should mention this within the PP 2008/2009
ii. Grant to the IP owner full and permanent access to the file; notify the IP owner of the decision made;
iii. consult with the IP owner prior to any decision relating to the disposal of the seized goods.
7. Criminal enforcement
a. Criminal threshold
Revise the concept of the criminal threshold insofar at it serves as a qualification criterion for the determination of the available enforcement procedure, and retain the concept for the assessment of the level of penalty.
b. Probation period in serious cases
Make clear that in “very serious” cases, the Courts may not grant a probation period even where the sentence if for an exact time of 3 years.
8. Customs
a. Right of information for the right owner
Grant to the right owner full access to relevant information relating to the manufacture and transportation of detained or seized goods. – minimum information – best: Ningbo
b. Develop full investigative capacity
Create a police team under the authority of GAC, in the same manner as the anti-smuggling department, but for anti-counterfeiting actions.
9. Internet – (no comment from PRD IPR WG)
- illegal downloads
- selling infringing goods over the Internet (quantities e. g. of pharmaceuticals are often small so no interest to prosecute – Lisa may have some examples)
- HK registration loophole (HK registered companies setting up/using websites) – issue raised by Siemens
(10. Art. 53 Anti-Monopoly Law – only discuss if we have implementation rules by Position Paper deadline OR mention in recent development what we would like to see in implementation rules)
Other points:
o Involuntary transfer of technology will be mentioned in the Executive Summary
o IPR and standards to be mentioned in the industry papers (IT & T and Auto)
Interested in this topic?
Join the following working groups and fora to get more information and receive regular updates.