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Background: New initiative to protect IPR in China
23 mai 2008
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A new initiative for securing intellectual property rights in China was launched in April. With a €16 million purse, the EU-China Project on the Protection of Intellectual Property Rights is a strong multilateral collaboration between the European Patent Office, its Chinese counterpart (the Chinese State Intellectual Property Office, SIPO), the Chinese government and the European Commission.
Although China's legal framework for protecting intellectual property rights (IPR) is now in line with international standards, the actual enforcement of IPR remains a critical issue. Concerns about copyright infringement and patent rights violations persist, and over 70 percent of counterfeit products worldwide originate in China.
More effective enforcement of intellectual property (IP) legislation and better protection of intellectual property are the cornerstones of the EU-China Project on the Protection of Intellectual Property (IPR2). Over the coming four years, the multilateral effort will target critical areas with a unique catalogue of direct measures that took effect 1 April 2008. The program also aims to provide better assistance to companies that are facing IP rights violations China.
IPR2 is a strong commitment by institutions in China and the EU, who are addressing the issue of IP rights in China as equal partners. As a sign of this commitment, China will be contributing €5 425 000, while the European Union will provide €10 850 000 to the effort.
"This is the most funding we have had for a multilateral effort to date," said Niclas Morey, former Lead Administrator of IPR2 at the European Support Unit (ESU) and Head of the Asia Unit of International Affairs at the EPO in Munich. "We are moving trade between China and the EU forward by strengthening intellectual property rights."
Providing expertise on IP
The EPO will be in charge of providing all parties with expertise on IP, working closely with the SIPO as well as administrative and legal bodies in the Chinese government and the European Commission. The EPO has also sent a permanent Technical Assistance Team (TAT) to Beijing to work more closely with local authorities.
"We are very glad that the European Union has chosen the EPO to provide expert guidance for this project," said Gérard Giroud, Principal Director of European and International Affairs at the EPO. "Whenever somebody needs advice, for example on patent judges in China, or copyrights or trademarks, our member states will provide expert advice right here in Europe."
Together with the EPO, a total of 14 National Offices in member states of the European Patent Organisation will be supporting the specific IP components of the project. Additionally, the European Office of Harmonisation of the Internal Market (OHIM) will supply trademark and design-related know-how.
Giroud also pointed out that this is not only a bilateral agreement between the EU and China. "This is the biggest cooperation on intellectual property ever within the European Union and this is thanks to a strong cooperation among the member states who offer support as one voice for Europe."
Key issues
The IPR2 roadmap will focus on the following areas of activity:
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Enhanced IP enforcement
Criminal enforcement of patent laws across China will be improved in terms of effectiveness and response times, while administrative structures for establishing and enforcing intellectual property rights will be optimized.
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Guidance for IP rights holders
The European Commission is offering direct guidance to Small and Medium-sized Enterprises (SMEs) with the SME Intellectual Property Rights Help Desk in Beijing. Knowing that IP rights violations can be especially damaging to SMEs with limited resources, the Help Desk offers advice and expert liaison services on the ground in Beijing. Other services include direct contact to law enforcement agencies and translation services. Additional IP Help Desks are planned in other Chinese cities.
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A synchronized legal framework
A major goal of IPR2 is to keep Chinese criminal law regarding IP, (as well as patent law, trademark law and civil and administrative procedures) in synch with international standards. This will require constant communication in all areas - administrative, legislative and executive.
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Increased IP personnel
Ensuring the quality of procedures regarding IP requires an adequate number of well-trained staff. The SIPO has committed to hiring over 370 new patent examiners per year, the majority of whom are to be trained in co-operation with the EPO in Europe.
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Education and awareness
As part of IPR2, the Chinese public will be educated about patent and copyright laws, creating broad awareness of the rights of IP owners.
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Seamless information exchange
Whether companies need access to European or Chinese patent databases or prosecutors are probing for an investigation, the exchange of digital patent data is fundamental to enforcing intellectual property rights. This process started with the SIPO's adoption of the digital EPOQUE database quantification program in the mid-1990s,and is now almost completed. A computer programme to translate Mandarin Chinese patent text into English is currently under development by a joint task force of European and Chinese specialists. Once completed, the translation tool will be available free of charge to all European patent offices as well as the general public.
Moving ahead as equal partners
Both Chinese and European authorities made the initial commitment to address these issues in September 2006 at the EU-China Summit in Helsinki. International business leaders at that Summit issued a joint statement that stressed "the importance of protecting intellectual property and the need for effective enforcement of IPR legislation."
Following the initial commitment, the groundwork for all IPR2 actions was laid during an inception phase started on 28 September 2007, during which lines of communication and agreement on procedures by all parties was secured. The launch of IPR2 was followed by an overall work plan ratified by all parties last year. The progress of the initiative will be closely monitored and incorporated into annual work plans prepared jointly at the end of each year.
This bilateral commitment comes at a crucial time. China's role in international trade is growing rapidly and the country is trying to establish itself as a provider of quality IPR. With its stated mission to enforce and secure intellectual property rights in China, IPR2 will open the doors to innovation, trade and mutual growth.
"We are now ready to move ahead as equal partners in securing IPR," said Niclas Morey.
Further information and answers to specific questions regarding intellectual property rights in China can be obtained from the EPO. The EPO will also provide regular updates on the progress of IPR2 with news items on its official website: www.epo.org.
Further information
- The IPR2 website
- About us: International relations
- Patent information: East Asian patent information