TRIPs? IP protection in China
|
|
- Kerrie Foster
- 6 years ago
- Views:
Transcription
1 Office for Harmonization TRIPs? IP protection in China José J. IZQUIERDO IAERD (OHIM) XII EIPIN Congress
2 Content Chinese context TRIPS as a driver for change Gaps, Challenges.Opportunities? Questions to audience
3 Content Chinese context
4
5 Helicopter view of the Chinese Legal System National Level: National People s Congress--Constitution Standing Committee--Laws State Council & its ministries/commissions--regulations/ directives/orders Sub-national Level: Provincial & municipal congresses and their standing committees Local Rules/ regulations Local Governments
6 Socialist Market Economy (art. 1 TM Law) 12th Five-Year Plan for National Economic and Social Development (FYP) ( ) = approved by NPC on 16 th march 2011 inclusive growth, which means ensuring the benefits of economic growth are spread to a greater proportion of Chinese citizens key themes: rebalancing the economy ameliorating social inequality protecting the environment.
7 12th Five-Year Plan for National Economic and Social Development (FYP) ( ) Strategic Emerging Industries (SEIs) = biotechnology, new energy, high- end equipment manufacturing, energy conservation and environmental protection, clean- energy vehicles, new materials, and next-generation IT Planned investment: RMB 4 trillion Goals: to increase SEI s contribution from today s approximately 5% of GDP to 8% (2015) and 15% (2020) Encouraging foreign business participation in SEI development Risk: indigenous innovation policies
8 Development of China s Intellectual Property System China is a nation with the tradition of innovations and creations: Four Ancient Chinese Grand Inventions: Paper Manufacturing Movable-Type Printing Gun Powder Navigation Compass Before 1980 s, no systematic IP legislation nor IP administrative authorities existed Argument on whether IP system should be established - transition from planned economy to market economy Dec. 1978: Reform and opening = 改革开放
9 Development of China s Intellectual Property System Trademark law -Into effect on March 1, 1983, amended respectively in 1993 and 2001, currently under review Patent law -In force on April 1, 1985, amended in 1992, 2000 & 2010 Copyright law -Enforced in September 7, 1990, amended in 2001
10 Development of China s Intellectual Property System Other IP Related Legislation: 1991: Regulation on Computer Software Protection 1993: Anti-Unfair Competition Law 1995: Regulation of Customs on Protection of IPRs 1998: Regulation for Protection of Plant Varieties 2001: Regulation for Protection of Layout-design of Integrated Circuits Amendment on General Principles of Civil Code (Art.94 and 118) Criminal Law (Sec. 7 of Chapter 3)
11 : - Focus on laws, not on robust enforcement - Defensive international posture - Tension within the government agencies in China : - More attention paid to enforcement - US files WTO case against China (DS362) 2007-Present: - Focus on Innovation in China - Move from Made in China to Invented in China - National Intellectual Property Strategy is Adopted - WTO case decided (March 2009) - Patent Law revised & TM law to be revised Development of China s Intellectual Property System
12 Administrative Bodies 1.Patent Office of the State IP Office (SIPO) patent & designs 2.National Copyright Administration copyright policy making 3.Trade Mark Office under the State Administration for Industry and Commerce (SAIC) trademark registration, anti-unfair-competition, protection of trade secrets. 4.State Drug Administration protection of pharmaceuticals 5.General administration of Customs enforce IP owners rights against infringing goods 6.Ministry of Information Industry protection of layout designs and integrated circuits. 7.SAIC and the State General Administration for Quality Supervision, Inspection and Quarantine (AQSIQ) combating counterfeiting.
13 IPR remedies for enforcement Three Track System: A) Administrative acts over trademark infringement by AICs: Trademark supervision B) Civil courts: review of administrative actions, and civil cases C) Criminal courts Plus, Customs authorities
14 International obligations Major International Treaties China Accessed to 1980: member of WIPO 1985: Paris Convention 1989 & 1995: Madrid Agreement and the Protocol 1992: Berne Convention 1992: Universal Copyright Convention 1993: Convention for the Protection of Producers of Phonograms against Unauthorized Duplication of Their Phonograms 1994: Patent Cooperation Treaty(PCT) 1999: UPOV 2001: WTO TRIPs Agreement
15 Content TRIPS as a driver for change
16 TRIPS as a driver for change Accession Date: 11 December 2001 TRIPS compliance reforms: National level: over 3750 laws and regulations enacted or amended Sub-national level: 31 provinces and autonomous regions and 49 major cities repealed nearly 500 trade-related measures/rules and amended almost 200 Source: MOFCOM
17 TRIPS as a driver for change For IPR, accession meant: Thorough reform of IP laws TRIPs keeps China accountable: Dispute settlement mechanism Trade review mechanism
18 TRIPS as a driver for change Disputes: (China - Measures Affecting the Protection and Enforcement of Intellectual Property Rights (WT/DS362)
19 TRIPS as a driver for change Disputes
20 TRIPS as a driver for change Disputes
21 TRIPS as a driver for change Disputes
22 TRIPS as a driver for change Disputes : China informed the DSB of its intention to implement the report : 11 TH National People's Congress amended the Copyright Law : the State Council adopted the decision to revise the Regulations for Customs Protection of Intellectual Property Rights.
23 TRIPS as a driver for change Trade review: June 2010: 3rd Policy Review: China increasingly aware of the importance of intellectual property rights protection in facilitating innovation in the economy. China s revised patent law raised fines and legal compensation for cases of misleading assertion of patent rights, the increase in innovation will undoubtedly contribute to increased awareness of the need to protect IP rights
24 TRIPS as a driver for change Trade review: June 2010: 3rd Policy Review: 1508 questions received by China a staggering number according to WTO officials about 230 came from the EU, 140 from the US, and 150 from Japan EU: although acknowledging China s efforts to effectively protect IP rights remained concerned that enforcement remains insufficient, notably in regional and local levels, and deficiencies and obstacles in solving complaints persist
25 Q: Has the extension of IP in China assisted to achieve economic and social development? Guobing Shen, Nominal level and actual strength of China's intellectual property protection under TRIPS agreement, Journal of Chinese Economic and Foreign Trade Studies, 2010, vol. 3, issue 1, pages 71-88
26
27 Guobing Shen Study WTO = big turning point for nominal IP protection Nominal Level of IP gradually increasing since 2001 (TRIPS) Highest nominal IP level ever Strengthening of China s implementation of IP is increasing steadily lack of synchronous alignment between law and application Economic development, rule of law and implementation important factors for achieving actual protection strength The degree of perfection of the law is not a determining factor for success The promotion of the implementation will be more helpful for stronger actual protection Reinforcement of China s actual protection is beneficial to promoting provincial economic growth However, at the outset of building an independent innovation nation, too strong IP protection is harmful to the development of innovation capabilities and harmful to provincial growth
28 Guobing Shen Study Recommendations: The level of IP is required to be compatible with the level of specific economic development: China needs to emphasize the promotion of actual protection to stimulate domestic innovation and growth China could seek an endogenous benefit balance between a strong IP and economic development China could improve public propaganda of IP system, the rule of law and training China needs to specify the rights and responsibilities of enforcement Chinese local governments need to coordinate these aims into their local policies
29 Content Gaps, Challenges.Opportunities?
30 Challenges Faced by China
31 Challenges Faced by China Challenges as perceived by the Chinese: Short experience in IP implementation Large population to be educated for respect and protection of IPRs Fast growth of the economy while phenomena of IP infringement still exist -China is still in the process of industrialization with more than 50% rural population -The annual GDP per personal is only $1700 Economic model needs to be changed to innovation-based from relying on cheap labor and large consumption of natural resources Information service and administration need to be improved: patent information, examination time, etc.
32
33 National IP Strategy June 2008 Goal: China to become a world leader in innovation by 2020 Coordination: 33 Departments in the Chinese Government were involved in the negotiation of the Strategy Architects: Vice Minister Wu Yi (retired) and Tian Lipu, Commissioner of the State Intellectual Property Office
34 National IP Strategy June 2008 (6) By 2020, China will become a country with a comparatively high level in terms of the creation, utilization, protection and administration of IPRs. The legal environment for IPRs is much better, market entities are much better at the creation, utilization, protection and administration of IPRs, the public awareness of intellectual property is increased greatly, the quality and quantity of the self-relied intellectual property are able to effectively support the effort to make China an innovative country, the role of the intellectual property system in promoting economic development, the culture prosperity and social progress in China become very apparent.
35 National IP Strategy June 2008 (21) Protect the lawful rights and interests of trademark holders and consumers effectively. Strengthen our capacity to enforce the law and take strict measures for curbing counterfeiting and other infringements to maintain fair competition and good order in the market. (22) Support enterprises in carrying out their trademark strategies and encourage them to utilize their own trademarks in business activities. Enterprises should be encouraged to enrich the meaning of their trademarks, increase the added value and improve the reputation of their trademarks, and establish their well-known trademarks. Enterprises should also be encouraged to register their trademarks overseas, to protect rights and interests in their trademarks, and to participate in international competition.
36 National IP Strategy June 2008 (23) Make full use of trademarks in the industrialization of agriculture. Market entities need to be helped to register and use their trademarks to improve the quality of their farm products, ensure food safety and raise the added value of their farm products and their competitiveness on the market. (24) Enhance the administration of trademarks. Efficiency of trademark examination needs to be improved, the time for examination needs to be shortened, and the quality of examination needs to be improved. Market rules need to be respected, and issues related to the determination of well-known trademarks, famous trademarks, well-known commodities, famous-brand products and high quality brands need to be truly solved.
37 Main Contents of China s National IP Strategy Vision Guiding Principles Strategic Goals Strategic Focuses Specific Tasks Key Measures
38 Guiding principles Advocate innovation Utilize IP effectively Protect IP according to law Manage IP in a scientific way
39 Strategic Objectives Strategic objectives in the five years to come Strategic objectives by 2020
40 Objectives for the Next Five Years Higher level of self-relied intellectual property Greater quantity of intellectual property, higher quality Significant Increase in benefits of utilizing IPRs Significant growth of the proportion of products rich in IPR Significant improvement of the protection of IPRs Great enhancement of awareness of the IPRs in society, especially among market entities Basic formation of a favorable intellectual property culture
41 Specific Tasks Patent Trademark Copyright Trade secret New Varieties of Plants Intellectual Property in Specific Areas IPR Related to National Defense
42 Key Measures Increasing the Capacity to Create Intellectual Property Encouraging the Commercialization and Utilization of IPR Expediting the Development of the Legal System for Intellectual Property Improving Intellectual Property Law Enforcement Strengthening the Administration of Intellectual Property Developing Intermediary Services for IPR Developing Intellectual Property Human Resources Promoting the Cultivation of an Intellectual Property Culture Expanding International Exchanges and Cooperation in Intellectual Property
43 Implementation Inter-Ministerial Commission leading role: SIPO Commissioner Tian Lipu National Patent Development Strategy ( ) 2 Mio. = China s goal for annual patent filings by 2015 (including utility-models) Increase of number of patent examiners, to 9000, by (USPTO = 6300; EPO = 4500) Double the number of patents of Chinese residents in other countries Recent Chinese filings in US: solar and wind energy, information technology and telecommunications, and battery and manufacturing technologies for automobiles Incentives: cash bonuses, better housing for individual filers and tax breaks for companies that are prolific patent producers October 2010 Thomson Reuters research report: China would surpass the United States in patent filings in 2011
44 Implementation National TM Development Strategy
45 Challenges Faced by China Challenges as perceived by the others : Complex issues need still to be legally dealt with Public Health Genetic resources Indigenous innovation, etc. Enforcement of legal framework and rights Weak
46 Challenges Faced by China
47 TRIPS issues TRIPS & Public Health: China s NPC approved the revision of the TRIPS in November 2007 New Provisions in the newly revised Chinese Patent Law Art. 50 (compulsory license) TRIPS & genetic resources & traditional knowledge: fully supports the Objectives of the Convention on Bio-Diversity Art. 5 Patent Law Art Patent Law
48 TRIPS issues TRIPS & indigenous innovation: 2006: Medium- to Long-Term Plan for the Development of Science and Technology: indigenous innovation policies The Chinese government s focus on indigenous innovation has spurred a boom in patenting by Chinese inventors. Although filings of all types of patents in China are on the rise, Chinese inventors particularly focus on utility model and design patents U.S. and other foreign inventors almost completely ignore such patents Utility model and design patents are inexpensive and easy to obtain, as they are not substantively examined by patent examiners. Once a Chinese company has received such a patent, it can bring suit against foreign companies that manufacture similar goods in China or export them to China, or use the patent to defend against infringement allegations. Some utility model patents obtained by Chinese firms are alleged to be opportunistic and predatory. (Source: United States International Trade Commission)
49 Evolution of filings before SIPO Source: State Intellectual Property Office of the People s Republic of China, March
50 TRIPS issues TRIPS & indigenous innovation: Art. 20 patent Law: mandatory advance confidentiality examination before filing abroad for inventions completed in China Draft Circular Regarding the Launch of the National Indigenous Innovation Production Accreditation Work for 2010 (April 2010): whereas Circular 618 required the entity to own the relevant patent(s) and trademark(s), the Draft Circular only requires the entity to have a lawful right to use such IPRs (e.g. license) National Brand Electric Vehicles Plan Raises Worries For U.S. Industry: A new Chinese automotive trade policy directive expected to be published soon requires that by 2015, all new electrical vehicles made by foreign automakers in China must be "national brands" that belong to the joint ventures that foreign firms are required to set up with Chinese state-owned enterprises, according to industry sources. (source: Inside U.S. Trade March 11, 2011)
51 TRIPS issues TRIPS & enforcement: China India statement before TRIPs Council on 8 th June 2010 We attach huge concerns on the so called TRIPS plus enforcement trend and the implications it may bring about. Chinese perception of TRIPs plus: Potential legal conflicts and unpredictability: TRIPs plus provision may possibly violate the provisions of TRIPS Brazil and India cases against the EU and one Member State on its Custom Regulation and on seizure of transit goods Possible distortion of legitimate trade: how extensive protection may cause a problem to legitimate trade. Systematic concern due to upsetting the balance: the unilateral increasing of the level of protection will break delicate balances, and cause systematic concerns over international trade relations. Concern on the allocation of public resources
52 TRIPs issues Chinese proposal in TRIPs Council: The IP chapter or provisions of any RTA, FTA and regional IP Agreement to which a WTO Member is a party, shall not be inconsistent with the TRIPs Agreement. The enforcement of IPRs by a member in any bilateral, plurilateral or regional trade agreement shall not create distortions and impediments to legitimate international trade. Members should be free to determine the appropriate allocation of public enforcement resources within their own legal system and practice to enforce and protect IPRs and the autonomy of WTO Members in this regard shall not be restricted or burdened in any plurilateral, regional and bilateral trade agreement to which a WTO member is a party.
53 TRIPs issues Chinese ambassador statement: It is not because of lack of harsh enforcement standards or that there are not enough policeman that is causing pirating, counterfeiting or other forms of infringement of IPR. The Chinese ancient philosopher Lao Zi used to say, The more the criminal codes, the more the stealers. Actually, IPR infringement is largely a problem during the development phase. Therefore the lack of development is where the crux of the problem is. If people fail to address the root causes while beating around the bush, things will not get better.
54 Content Questions to audience
55 For the audience Question No. 1: Chinese attitude towards TRIPS plus & ACTA: should the EU learn a lesson from it? Patent enforcement in or out of ACTA? Question No. 2: WTO resolution on US-CHINA dispute: does China respect TRIPs? Who wins? Question No. 3: How to approach indigenous innovation policies related to IPR? Is there a strategy for foreigners to overcome national brands requirements? Question No. 4: China seen as the land of bad faith trade mark filings and poor quality design applications? Did the Amended Patent Law solve to soften this? Will the upcoming TM law reform help?
56 Reading hint Want to deepen your knowledge? United States International Trade Commission, China: Intellectual Property Infringement, Indigenous Innovation Policies, and Frameworks for Measuring the Effects on the U.S. Economy, Nov ( Guobing Shen, Nominal level and actual strength of China s intellectual property protection under TRIPS agreement, Journal of Chinese Economic and Foreign Trade Studies, 2010, vol. 3, issue 1, pages Paul Torremans et al., Intellectual Property and TRIPs compliance in China: Chinese and European perspectives, Edward Elgar Publ.. Ltd, 2007 APCO, China s 12th Five-Year Plan - How it actually works and what s in store for the next five years, 10 December 2010 ( ) SIPO, National Patent Development Strategy ( ) )
57 Office for Harmonization Information: (+ 34) (switchboard) (+ 34) (e-business technical incidents) (+ 34) (main fax) Office for Harmonization Avenida de Europa, 4 E Alicante SPAIN
Overview of Intellectual Property Policy and Law of China in 2017
CPI s Asia Column Presents: Overview of Intellectual Property Policy and Law of China in 2017 By LIU Chuntian 1 & WANG Jiajia 2 (Renmin University of China) October 2018 As China s economic development
More information19 Progressive Development of Protection Framework for Pharmaceutical Invention under the TRIPS Agreement Focusing on Patent Rights
19 Progressive Development of Protection Framework for Pharmaceutical Invention under the TRIPS Agreement Focusing on Patent Rights Research FellowAkiko Kato This study examines the international protection
More informationThe role of IP in economic development: the case of China
The role of IP in economic development: the case of China Albert G. Hu Department of Economics National University of Singapore Prepared for ARTNeT / WTO Research Workshop on Emerging Trade Issues in Asia
More informationStatement by the BIAC Committee on Technology and Industry on THE IMPACT OF INTELLECTUAL PROPERTY PROTECTION ON INNOVATION AND TECHNOLOGY DEVELOPMENT
Business and Industry Advisory Committee to the OECD OECD Comité Consultatif Economique et Industriel Auprès de l l OCDE Statement by the BIAC Committee on Technology and Industry on THE IMPACT OF INTELLECTUAL
More informationFlexibilities in the Patent System
Flexibilities in the Patent System Dr. N.S. Gopalakrishnan Professor, HRD Chair on IPR School of Legal Studies, Cochin University of Science & Technology, Cochin, Kerala 1 Introduction The Context Flexibilities
More informationUniversity IP and Technology Management. University IP and Technology Management
University IP and Technology Management Yumiko Hamano WIPO University Initiative Program Innovation Division WIPO WIPO Overview IP and Innovation University IP and Technology Management Institutional IP
More informationB) Issues to be Prioritised within the Proposed Global Strategy and Plan of Action:
INTERGOVERNMENTAL WORKING GROUP ON PUBLIC HEALTH, INNOVATION AND INTELLECTUAL PROPERTY EGA Submission to Section 1 Draft Global Strategy and Plan of Action The European Generic Medicines Association is
More informationAn Introduction to China s Science and Technology Policy
An Introduction to China s Science and Technology Policy SHANG Yong, Ph.D. Vice Minister Ministry of Science and Technology, China and Senior Fellow Belfer Center for Science and International Affairs
More informationWIPO-WTO Colloquium for Teachers of Intellectual Property
E WORLD TRADE ORGANIZATION COLLOQUIUM WIPO-WTO/COL/18/INF1.PROV ORIGINAL: ENGLISH DATE: JANUARY 2018 WIPO-WTO Colloquium for Teachers of Intellectual Property organized by the World Intellectual Property
More informationFacilitating Technology Transfer and Management of IP Assets:
Intellectual Property, Technology Transfer and Commercialization Facilitating Technology Transfer and Management of IP Assets: Thailand Experiences Singapore August 27-28, 2014 Mrs. Jiraporn Luengpailin
More informationGlobalizing IPR Protection: How Important Might RTAs Be?
Globalizing IPR Protection: How Important Might RTAs Be? Keith Maskus, University of Colorado Boulder (keith.maskus@colorado.edu) NAS Innovation Policy Forum National and International IP Policies and
More informationDr. Biswajit Dhar Professor, Jawaharlal Nehru University, India and Member DA9 Advisory Board
Dr. Biswajit Dhar Professor, Jawaharlal Nehru University, India and Member DA9 Advisory Board Intellectual Property Rights in Preferential Trade Agreements Many Preferential Trade Agreements (PTAs) adopted
More informationCarnegie Endowment for International Peace
Carnegie Endowment for International Peace How the U.S. and India could Collaborate to Strengthen Their Bilateral Relationship in the Pharmaceutical Sector Second Panel: Exploring the Gilead-India Licensing
More informationORDER OF THE PRESIDENT OF THE PEOPLE'S REPUBLIC OF CHINA
ORDER OF THE PRESIDENT OF THE PEOPLE'S REPUBLIC OF CHINA No. 68 The Law of the People's Republic of China on Promoting the Transformation of Scientific and Technological Achievements, adopted at the 19th
More informationPROTECTION OF INTELLECTUAL PROPERTY
Chapter 12 PROTECTION OF INTELLECTUAL PROPERTY OVERVIEW OF RULES In today s economic environment, intangible assets are becoming increasingly important. These assets, which are the result of human intellectual
More informationAn overview of India's approach to key IP issues at home and abroad. Dr. Bona Muzaka King s College London
An overview of India's approach to key IP issues at home and abroad Dr. Bona Muzaka King s College London valbona.muzaka@kcl.ac.uk Why Intellectual Property? Why India? UNITAID (patent pools since 2008,
More informationEstablishing a Development Agenda for the World Intellectual Property Organization
1 Establishing a Development Agenda for the World Intellectual Property Organization to be submitted by Brazil and Argentina to the 40 th Series of Meetings of the Assemblies of the Member States of WIPO
More informationThe 45 Adopted Recommendations under the WIPO Development Agenda
The 45 Adopted Recommendations under the WIPO Development Agenda * Recommendations with an asterisk were identified by the 2007 General Assembly for immediate implementation Cluster A: Technical Assistance
More informationInternational IP. Prof. Eric E. Johnson. General Principles
International IP Prof. Eric E. Johnson ericejohnson.com General Principles territoriality Dependence, independence, central attack Procedural harmonization Substantive agreements National treatment Minima
More informationIP KEY SOUTH EAST ASIA ANNUAL WORK PLAN FOR 2018
ANNUAL WORK PLAN FOR 2018 IP KEY SOUTH EAST ASIA ANNUAL WORK PLAN FOR 2018 IP Key South East Asia is an EU Project designed to support the Free Trade Agreement (FTA) talks and Intellectual Property Dialogues
More informationWIPO LIST OF NEUTRALS BIOGRAPHICAL DATA
ARBITRATION AND MEDIATION CENTER WIPO LIST OF NEUTRALS BIOGRAPHICAL DATA Howard E. POLINER Attorney & Advocate PO Box 3419 Jerusalem 91033 Israel Telephone: +972 2 646 6539 Fax: +972 2 643 6335 E-mail:
More information372 index. predominantly for supply of domestic market 113, 132 3, 184 5, 186; remedying anticompetitive
INDEX acceding countries 23 Access to Medicines, Patent Information and Freedom to Operate (WHO/ WIPO/WTO) 195 Access to Medicines: Pricing and Procurement Practices (WHO/WIPO/WTO) 195 Agreement on Trade-Related
More informationPresented at GIZ/SAWTEE Training on IPR 1-2 March 2012, Laltipur. Ratnakar Adhikari South Asia Watch on Trade, Economics and Environment
Presented at GIZ/SAWTEE Training on IPR 1-2 March 2012, Laltipur Ratnakar Adhikari South Asia Watch on Trade, Economics and Environment Genesis and background Patent provisions in the TRIPS Agreement Nepalese
More informationIntellectual Property Initiatives
Intellectual Property Initiatives Customers Casio is actively promoting intellectual property activities in line with its management strategy through cooperation between its R&D and business divisions.
More informationEnforcement of Intellectual Property Rights Frequently Asked Questions
EUROPEAN COMMISSION MEMO Brussels/Strasbourg, 1 July 2014 Enforcement of Intellectual Property Rights Frequently Asked Questions See also IP/14/760 I. EU Action Plan on enforcement of Intellectual Property
More informationDigitization and Dissemination of Intellectual Property (IP) Information and Utilization of Effective Search Tools
Digitization and Dissemination of Intellectual Property (IP) Information and Utilization of Effective Search Tools Prepare by: Sida YOUTRICHANTHACHAK sida@nast.gov.la Introduction In today s competitive
More informationTRIPS, FTAs and BITs: Impact on Domestic IP- and Innovation Strategies in Developing Countries
Innovation, Creativity and IP Policy: An Indo-European Dialogue TRIPS, FTAs and BITs: Impact on Domestic IP- and Innovation Strategies in Developing Countries Henning Grosse Ruse NUJS & MPI Collaborative
More informationThe TRIPS Agreement and Patentability Criteria
WHO-WIPO-WTO Technical Workshop on Patentability Criteria Geneva, 27 October 2015 The TRIPS Agreement and Patentability Criteria Roger Kampf WTO Secretariat 1 Trilateral Cooperation: To Build Capacity,
More informationWIPO Development Agenda
WIPO Development Agenda 2 The WIPO Development Agenda aims to ensure that development considerations form an integral part of WIPO s work. As such, it is a cross-cutting issue which touches upon all sectors
More informationOverview. China Development s Need for IP Protection. Intellectual Property and Development China s National Experiences
Overview Intellectual Property and Development China s National Experiences Prof. Dr.(Ing) Li Yuguang Deputy Commissioner State Intellectual Property Office of China China Development s Need for IP Protection
More informationThe Construction of the Legal Environment of the Transformation of the Scientific and Technological Achievements in China
Canadian Social Science Vol. 11, No. 10, 2015, pp. 16-22 DOI:10.3968/7690 ISSN 1712-8056[Print] ISSN 1923-6697[Online] www.cscanada.net www.cscanada.org The Construction of the Legal Environment of the
More informationOutline of Patent Attorney Act and Its History of Revisions for Further Improving the Quality of Patent Attorneys in Japan
Outline of Patent Attorney Act and Its History of Revisions for Further Improving the Quality of Patent Attorneys in Japan October 27, 2014 Shinichiro Hara International Cooperation Division Japan Patent
More informationTRAINING SEMINAR PHARMACEUTICALS AND INTELLECTUAL PROPERTY ACCESS TO MEDICINE: Exploitation of pharmaceutical patents: compulsory licences SESSION 4
TRAINING SEMINAR PHARMACEUTICALS AND INTELLECTUAL PROPERTY 1 12 14 March 2012 Pretoria, South Africa SESSION 4 ACCESS TO MEDICINE: COMMERCIALISATION, DISTRIBUTION, COMPETITION ----------------- Exploitation
More informationOn the Paths to Improve the Protection of Intellectual Property Rights in China
Canadian Social Science Vol. 11, No. 11, 2015, pp. 30-34 DOI:10.3968/7753 ISSN 1712-8056[Print] ISSN 1923-6697[Online] www.cscanada.net www.cscanada.org On the Paths to Improve the Protection of Intellectual
More informationCOUNTRY REPORT Intellectual Property Philippines
COUNTRY REPORT Intellectual Property Philippines By Ms. Ronil Emmavi J. Remoquillo Intellectual Property Rights Specialist II The Philippines Capital: Manila Total Area 300,000 km 2 Population GDP Official
More informationIPRs and Public Health: Lessons Learned Current Challenges The Way Forward
Local Pharmaceutical Production in Africa International Conference Cape Town, 4-6 April 2011 IPRs and Public Health: Lessons Learned Current Challenges The Way Forward Roger Kampf WTO Secretariat 1 Acknowledging
More informationChinese Intellectual Property Right Regime and Independent Innovation of Enterprises
Chinese Intellectual Property Right Regime and Independent Innovation of Enterprises Dr. Sun Jian Applied Economic Research Center, Ocean University of China Outline The Development of Chinese IPR Regime
More informationA HOLISTIC APPROACH TO TECHNOLOGY LICENSING IN THAILAND
A HOLISTIC APPROACH TO TECHNOLOGY LICENSING IN THAILAND Kitisri Sukhapinda Asian Science And Technology Seminar Bangkok, Thailand March 20, 2006 TLO/TMC/NSTDA 1 PUBLIC-PRIVATE PRIVATE LINKAGE PUBLIC PRIVATE
More informationUSTR NEWS UNITED STATES TRADE REPRESENTATIVE. Washington, D.C UNITED STATES MEXICO TRADE FACT SHEET
USTR NEWS UNITED STATES TRADE REPRESENTATIVE www.ustr.gov Washington, D.C. 20508 202-395-3230 FOR IMMEDIATE RELEASE August 27, 2018 Contact: USTR Public & Media Affairs media@ustr.eop.gov UNITED STATES
More informationAmbassador Rita Hayes
Ambassador Rita Hayes Ambassador Rita Hayes is Chair of Hayes International Advisors, LLC where she counsels industry and institutional leaders on a diverse range of economic, political and regulatory
More informationRealizing Developmental Objectives of The IP System: LDC Priority Needs for Technical and Financial Cooperation Lao PDR Experiences
Realizing Developmental Objectives of The IP System: LDC Priority Needs for Technical and Financial Cooperation Lao PDR Experiences Presented by Mr. MAKHA CHANTHALA, DDG, Department of Intellectual Property,
More informationINTELLECTUAL PROPERTY (IP) SME SCOREBOARD 2016
www.euipo.europa.eu INTELLECTUAL PROPERTY (IP) SME SCOREBOARD 2016 Executive Summary JUNE 2016 www.euipo.europa.eu INTELLECTUAL PROPERTY (IP) SME SCOREBOARD 2016 Commissioned to GfK Belgium by the European
More informationINTELLECTUAL PROPERTY (IP) SME SCOREBOARD 2016
www.euipo.europa.eu INTELLECTUAL PROPERTY (IP) SME SCOREBOARD 2016 Executive Summary JUNE 2016 www.euipo.europa.eu INTELLECTUAL PROPERTY (IP) SME SCOREBOARD 2016 Commissioned to GfK Belgium by the European
More informationSettlement of Pharma Disputes and Competition Law in Korea
Settlement of Pharma Disputes and Competition Law in Korea October 22, 2012 Monica Hyon-Kyong Leeu AIPPI PHARMA WORKSHOP I Topics Patent Disputes in Korean Pharma Industry Korean Competition Law and KFTC
More informationAAAS Project on Science and Intellectual Property in the Public Interest
AAAS Project on Science and Intellectual Property in the Public Interest Bringing a public interest perspective to science and intellectual property issues, by: Examining the effects of IPRs on science
More informationPatenting Strategies. The First Steps. Patenting Strategies / Bernhard Nussbaumer, 12/17/2009 1
Patenting Strategies The First Steps Patenting Strategies / Bernhard Nussbaumer, 12/17/2009 1 Contents 1. The pro-patent era 2. Main drivers 3. The value of patents 4. Patent management 5. The strategic
More informationInnovation, Creativity, and Intellectual Property Rights
Innovation, Creativity, and Intellectual Property Rights Department of Economics, American University EAI International Conference on Technology, R&D, Education, and Economy for Africa, March 21 22, 2018,
More informationChina s Government Choice against Technical Trade Barriers. Zhang Rui1, a
4th International Education, Economics, Social Science, Arts, Sports and Management Engineering Conference (IEESASM 2016) China s Government Choice against Technical Trade Barriers Zhang Rui1, a 1 Jilin
More informationIPEG Convenor Report to CTI
2014/SOM2/CTI/032 Agenda Item: 11.1 IPEG Convenor Report to CTI Purpose: Information Submitted by: IPEG Chair Second Committee on Trade and Investment Meeting Qingdao, China 10-11 May 2014 OAA ISSUE AREA:
More informationIntellectual Property and Genetic Resources: Relationship with Relevant International Instruments
South Unity, South Progress. Intellectual Property and Genetic Resources: Relationship with Relevant International Instruments Viviana Munoz Tellez Coordinator Development, Innovation and Intellectual
More informationFunctionality of the Nagoya ABS Protocol with a view to AnGR and a side-look to Anti- Conterfeiting Trade Agreement (ACTA)
Functionality of the Nagoya ABS Protocol with a view to AnGR and a side-look to Anti- Conterfeiting Trade Agreement (ACTA) Morten Walløe Tvedt Senior research fellow International Technical Expert Workshop
More informationFuture Directions in Intellectual Property. Dr Peter Tucker. General Manager, Business Development. and Strategy Group.
Future Directions in Intellectual Property Dr Peter Tucker General Manager, Business Development and Strategy Group IP Australia Intellectual Property Management and Knowledge Transfer Symposium Melbourne,
More informationA conference hosted by ICC and CCPIT
International Industry and Commerce Intellectual Property Seminar Increasing Economic and Business Competitiveness Using Intellectual Assets 26 October 2012 - Intercontinental Hotel, Beijing A conference
More informationITI Comment Submission to USTR Negotiating Objectives for a U.S.-Japan Trade Agreement
ITI Comment Submission to USTR-2018-0034 Negotiating Objectives for a U.S.-Japan Trade Agreement DECEMBER 3, 2018 Introduction The Information Technology Industry Council (ITI) welcomes the opportunity
More information2.5.2 NON-DISCRIMINATION (ARTICLE 27.1)
2.5.2 NON-DISCRIMINATION (ARTICLE 27.1) Article 27.1: Patentable Subject Matter... patents shall be available and patent rights enjoyable without discrimination as to the place of invention, the field
More informationGuidelines to Promote National Integrated Circuit Industry Development : Unofficial Translation
Guidelines to Promote National Integrated Circuit Industry Development : Unofficial Translation Ministry of Industry and Information Technology National Development and Reform Commission Ministry of Finance
More informationLAW ON TECHNOLOGY TRANSFER 1998
LAW ON TECHNOLOGY TRANSFER 1998 LAW ON TECHNOLOGY TRANSFER May 7, 1998 Ulaanbaatar city CHAPTER ONE COMMON PROVISIONS Article 1. Purpose of the law The purpose of this law is to regulate relationships
More informationChanging role of the State in Innovative Activity The Indian Experience. Sunil Mani
Changing role of the State in Innovative Activity The Indian Experience Sunil Mani Outline The two manifestations of state intervention Manifestation 1: State involved directly in the creation of new technologies
More informationthe Companies and Intellectual Property Commission of South Africa (CIPC)
organized by the Companies and Intellectual Property Commission of South Africa (CIPC) the World Intellectual Property Organization (WIPO) the International Criminal Police Organization (INTERPOL) the
More informationStrengthen the Indispensable Public/Private Partnership for Competitiveness
Japan Intellectual Property Association Creating IP Vision for the World Strengthen the Indispensable Public/Private Partnership for Competitiveness October 22, 2014 Mr. Kazushi TAKEMOTO President Japan
More informationTopic 2: Patent-related Flexibilities in Multilateral Treaties and Their Importance for Developing Countries and LDCs
Topic 2: Patent-related Flexibilities in Multilateral Treaties and Their Importance for Developing Countries and LDCs McLean Sibanda Chief Executive Officer - The Innovation Hub Second WIPO Inter-Regional
More informationTHE AMERICAN INTELLECTUAL PROPERTY LAW ASSOCIATION RECOMMENDATIONS REGARDING QUALIFICATIONS FOR
THE AMERICAN INTELLECTUAL PROPERTY LAW ASSOCIATION RECOMMENDATIONS REGARDING QUALIFICATIONS FOR THE NEXT DIRECTOR AND DEPUTY DIRECTOR OF THE U.S. PATENT AND TRADEMARK OFFICE Revised and approved, AIPLA
More informationIP Strategies to Enhance Competitiveness: India s Experience
IP Strategies to Enhance Competitiveness: India s Experience N. N. Prasad Wednesday July 15, 2009 Innovation in Brazil, India and South Africa: A New Drive for Economic Growth and Development Strategy
More informationNitya Nanda. The Energy and Resources Institute (TERI)
Nitya Nanda The Energy and Resources Institute (TERI) Arguments for and against patent protection The climate change context Perspectives on IPR and technology transfer Patent regimes in developing countries
More informationYearly Planner for PG Diploma in IPR (PGDIPR)
Yearly Planner for PG Diploma in IPR (PGDIPR) (07 08 Batch) I Introduction to IPR & Patents Proposed Date of Session*. Understanding of Intellectual Property Rights Introduction of IPR History of Patent
More informationRECOMMENDATIONS. COMMISSION RECOMMENDATION (EU) 2018/790 of 25 April 2018 on access to and preservation of scientific information
L 134/12 RECOMMDATIONS COMMISSION RECOMMDATION (EU) 2018/790 of 25 April 2018 on access to and preservation of scientific information THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning
More informationINVENTION LAW OF THE DEMOCRATIC PEOPLE S REPUBLIC OF KOREA. Chapter 1 Fundamentals
INVENTION LAW OF THE DEMOCRATIC PEOPLE S REPUBLIC OF KOREA Adopted by Decision No.112 of the Standing Committee of the Supreme People s Assembly on May 13, 1998 and amended by Decree No. 507 of the Presidium
More informationYearly Planner for 4 th Batch of PG Diploma in IPR (PGDIPR) Course
Yearly Planner for 4 th Batch of PG Diploma in IPR (PGDIPR) Course (08 Batch) I Introduction to IPR & Patents Proposed Date of Session*. Understanding of Intellectual Property Rights Introduction of IPR
More informationIP and Technology Management for Universities
IP and Technology Management for Universities Yumiko Hamano Senior Program Officer WIPO University Initiative Innovation and Technology Transfer Section, Patent Division, WIPO Outline! University and IP!
More informationTopic 2: The Critical Role of IP Policies in Modern Economies
Topic 2: The Critical Role of IP Policies in Modern Economies McLean Sibanda Partner: Sibanda & Zantwijk Attorneys, South Africa THE ROLE OF INTELLECTUAL PROPERTY OFFICES (IPOs) IN PROMOTING INNOVATION,
More informationWIPO-IFIA INTERNATIONAL SYMPOSIUM ON THE COMMERCIALIZATION OF INVENTIONS IN THE GLOBAL MARKET
ORIGINAL: English DATE: December 2002 E INTERNATIONAL FEDERATION OF INVENTORS ASSOCIATIONS WORLD INTELLECTUAL PROPERTY ORGANIZATION WIPO-IFIA INTERNATIONAL SYMPOSIUM ON THE COMMERCIALIZATION OF INVENTIONS
More informationINTELLECTUAL PROPERTY AND ECONOMIC GROWTH
International Journal of Economics, Commerce and Management United Kingdom Vol. IV, Issue 2, February 2016 http://ijecm.co.uk/ ISSN 2348 0386 INTELLECTUAL PROPERTY AND ECONOMIC GROWTH A REVIEW OF EMPIRICAL
More informationIP Reserch and Use of IP Case Studies for Educational Purposes: Views and Challenges Geneva, April 26-29, 29, 2011
IP Reserch and Use of IP Case Studies for Educational Purposes: Views and Challenges Geneva, April 26-29, 29, 2011 Altaye Tedla Head, Distance Learning Program WIPO Academy 2 Outline Introduction to IP
More informationNational Innovation System of Mongolia
National Innovation System of Mongolia Academician Enkhtuvshin B. Mongolians are people with rich tradition of knowledge. When the Great Mongolian Empire was established in the heart of Asia, Chinggis
More informationWORLD TRADE ORGANIZATION
WORLD TRADE ORGANIZATION Activity Sheet TITLE OF THE EVENT / Advanced Course on Intellectual Property for Government Officials VENUE AND DATES Geneva, Switzerland, 10-21 March 2014 Course description This
More informationPATENT PROTECTION FOR PHARMACEUTICAL PRODUCTS IN CANADA CHRONOLOGY OF SIGNIFICANT EVENTS
PRB 99-46E PATENT PROTECTION FOR PHARMACEUTICAL PRODUCTS IN CANADA CHRONOLOGY OF SIGNIFICANT EVENTS Margaret Smith Law and Government Division 30 March 2000 Revised 31 May 2000 PARLIAMENTARY RESEARCH BRANCH
More informationGENEVA WIPO GENERAL ASSEMBLY. Thirty-First (15 th Extraordinary) Session Geneva, September 27 to October 5, 2004
WIPO WO/GA/31/11 ORIGINAL: English DATE: August 27, 2004 WORLD INTELLECTUAL PROPERT Y O RGANI ZATION GENEVA E WIPO GENERAL ASSEMBLY Thirty-First (15 th Extraordinary) Session Geneva, September 27 to October
More informationNEW TREATY DEVELOPMENT AND HARMONIZATION OF INTELLECTUAL PROPERTY LAW
NEW TREATY DEVELOPMENT AND HARMONIZATION OF INTELLECTUAL PROPERTY LAW The prolonged negotiation of the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPs Agreement) might have suggested
More informationExhaustive Training module for new Patent examiners
Exhaustive Training module for new Patent examiners In continuation with last month's appointment of 9 examiners by the Indian Patent Office, 8 more candidates have now been appointed as examiners. All
More information"Made In China 2025 & Internet Plus: The 4th Industrial Revolution" Opportunities for Foreign Invested Enterprises in China
China Insights - Made in China 2025 and Internet Plus - Opportunities for foreign companies in China "Made In China 2025 & Internet Plus: The 4th Industrial Revolution" Opportunities for Foreign Invested
More informationA short trip through Trade-related aspects of Intellectual Property Rights (TRIPS) ->START
A short trip through Trade-related aspects of Intellectual Property Rights (TRIPS) ->START Objectives of the course The purpose of this course is to help you: Understand what are intellectual property
More informationJudicial System in Japan (IP-related case)
Session1: Basics of IP rights International Workshop on Intellectual Property, Commercial and Emerging Laws 24 Feb. 2017 Judicial System in Japan (IP-related case) Akira KATASE Judge, IP High Court of
More informationInterim Report on the Heiligendamm Process at the G8 Summit in Hokkaido Toyako 7 to 9 July 2008
Interim Report on the Heiligendamm Process at the G8 Summit in Hokkaido Toyako 7 to 9 July 2008 Prepared by the Steering Committee of the Heiligendamm Process consisting of the personal representatives
More informationMEASURES TO SUPPORT SMEs IN THE EUROPEAN UNION
STUDIA UNIVERSITATIS BABEŞ-BOLYAI, NEGOTIA, LV, 1, 2010 MEASURES TO SUPPORT SMEs IN THE EUROPEAN UNION VALENTINA DIANA IGNĂTESCU 1 ABSTRACT. This paper aims to identify and analyze the principal measures
More informationSUMMARY OF THE IMPACT ASSESSMENT
EN EN EN EUROPEAN COMMISSION Brussels, 30.6.2010 SEC(2010) 797 COMMISSION STAFF WORKING DOCUMENT SUMMARY OF THE IMPACT ASSESSMENT Accompanying document to the Proposal for a COUNCIL REGULATION on the translation
More information5 th Annual Pharma IPR Conference 2016
5 th Annual Pharma IPR Conference 2016 9 11 March 2016, Mumbai DAY 1 : 9 th March 2016 Country: US 09:40 American Invents Act Updates on Americas Invents Act and current scenario of US Patent laws Implications
More informationIN THE MATTER OF THE ANTI-CONTERFEITING TRADE AGREEMENT. Docket No.: USTR COMMENTS OF PUBLIC KNOWLEDGE
IN THE MATTER OF THE ANTI-CONTERFEITING TRADE AGREEMENT Docket No.: USTR-2010-0014 Introduction COMMENTS OF PUBLIC KNOWLEDGE Public Knowledge submits these comments in the above-mentioned docket. As the
More informationApril 21, By to:
April 21, 2017 Mr. Qiu Yang Office of the Anti-Monopoly Commission Of the State Council of the People s Republic of China No. 2 East Chang an Avenue, Beijing P.R. China 100731 By Email to: qiuyang@mofcom.gov.cn
More informationChina: Managing the IP Lifecycle 2018/2019
China: Managing the IP Lifecycle 2018/2019 Patenting strategies for R&D companies Vivien Chan & Co Anna Mae Koo and Flora Ho Patenting strategies for R&D companies By Anna Mae Koo and Flora Ho, Vivien
More informationSubmission to the Productivity Commission inquiry into Intellectual Property Arrangements
Submission to the Productivity Commission inquiry into Intellectual Property Arrangements DECEMBER 2015 Business Council of Australia December 2015 1 Contents About this submission 2 Key recommendations
More informationA Brief History of IP & Patents: Drawing Lessons from the Past
A Brief History of IP & Patents: Drawing Lessons from the Past Asean Workshop on Compulsory Licensing to Increase Access to Antiretrovirals (ARVs) and Diagnostic Reagents Kuala Lumpur, Malaysia, May 2006
More informationCounterfeit, Falsified and Substandard Medicines
Meeting Summary Counterfeit, Falsified and Substandard Medicines Charles Clift Senior Research Consultant, Centre on Global Health Security December 2010 The views expressed in this document are the sole
More informationCHAPTER TWENTY COOPERATION. The objective of this Chapter is to facilitate the establishment of close cooperation aimed, inter alia, at:
CHAPTER TWENTY COOPERATION ARTICLE 20.1: OBJECTIVE The objective of this Chapter is to facilitate the establishment of close cooperation aimed, inter alia, at: strengthening the capacities of the Parties
More informationWIPO ASIAN REGIONAL SEMINAR ON AN INTELLECTUAL PROPERTY STRATEGY FOR SMALL AND MEDIUM-SIZED ENTERPRISES (SMEs)
ORIGINAL: English DATE: November 2002 E INTERNATIONAL INTELLECTUAL PROPERTY TRAINING INSTITUTE KOREAN INTELLECTUAL PROPERTY OFFICE WORLD INTELLECTUAL PROPERTY ORGANIZATION WIPO ASIAN REGIONAL SEMINAR ON
More informationTRANSFORMATION INTO A KNOWLEDGE-BASED ECONOMY: THE MALAYSIAN EXPERIENCE
TRANSFORMATION INTO A KNOWLEDGE-BASED ECONOMY: THE MALAYSIAN EXPERIENCE by Honourable Dato Sri Dr. Jamaludin Mohd Jarjis Minister of Science, Technology and Innovation of Malaysia Going Global: The Challenges
More informationPeriod of Report: March, Country: INDIA
Country: INDIA I. The Government has decided to amend the Trade Marks Rules, 2002 for making e-filing of trademark applications mandatory. The draft rules were notified in the Gazette of India on October
More informationThe Internationalization of R&D in India: Opportunities and Challenges. Rajeev Anantaram National Interest Project March 2009
The Internationalization of R&D in India: Opportunities and Challenges Rajeev Anantaram National Interest Project March 2009 Context of the Paper Part of the Private Sector Advisory Group constituted by
More informationWIPO Sub-Regional Workshop on Patent Policy and its Legislative Implementation
WIPO Sub-Regional Workshop on Patent Policy and its Legislative Implementation Topic 2: The Patent system Policy objectives of the patent system Ways and means to reach them Marco M. ALEMAN Deputy Director,
More informationETHIOPIAN EXPERIENCE By Girma Bejiga October 2014 Harare / Zimbabwe
USE OF IP SYSTEM FOR RESEARCH AND DEVELOPEMNT INISTITUTIONS AND BUSINESS COMPETITIVENESS: ETHIOPIAN EXPERIENCE By Girma Bejiga October 2014 Harare / Zimbabwe Establishment of EIPO IP Administration and
More informationPCT System and Its Impact on the Developing Countries
Journal of Intellectual Property Rights Vol 8, January 2003, pp 50-57 PCT System and Its Impact on the Developing Countries Rajeev Ranjan Department of Industrial Policy & Promotion, Ministry of Commerce
More information