The EU-China Project on the Protection of Intellectual Property
Rights – ‘IPR2’ for short – is a partnership
project between the European Commission and the People’s Republic of
China. Launched towards the end of 2007 in Beijing, this substantial
co-operation initiative targets the
reliability, efficiency and accessibility of the IP protection system in China
with technical assistance to the Chinese legislative, judicial, administrative
and enforcement authorities, with EUR 16.275 million in joint funding over four
years (EUR 10.85 m from the European Union and 5.425 m from P.R. China).
It is undisputed that China is a priority country for the European
Union as a trading partner; and more and more as a collaborator on issues that
underpin the quality of this relationship, such as the protection of IP and
enforcement of these rights; something that can only be addressed jointly.
Speaking at an event for industry and other stakeholders in Brussels earlier
this year, Ms Ewa Synowiec, Director for Intellectual Property in DG Trade,
confirmed that, “The new IPR2 project provides an excellent opportunity
to further develop an open and practical approach on IP protection, and achieve
progress on the enforcement of these rights at all levels.”
Moving ahead with a comprehensive framework of technical
assistance - How is IPR2 addressing these different levels?
In practice, the work of IPR2 targets the main elements of the
Chinese IP system and associated horizontal issues – the legal
framework, capacity-building, access to information, enforcement, support to
right holders and trademarks and designs – through seminars, high-level
symposia and closed-door workshops, as well as training programmes, studies,
study exchanges to Europe and information management activities. The larger
part of funding is allocated to actions addressing capacity-building and
enforcement.
IPR2 has completed a phase of inception where working relations with
the various partner agencies were put in place and the framework of activities
has been defined, laying the ground work of what is to come. As part of this, a
number of activities have already been implemented. Some of these include a
workshop on China’s draft Patent Law
which gave a unique opportunity to experts from Europe to contribute to
China’s process of amending its patent legislation; and a consultation
workshop with China’s Trademark Office towards an effective trademark
legislative framework using examples of EU strategy and
best practice.
The Project is now in its first year of implementation, with an
ambitious programme of activities involving more than 15 Chinese ministries and
agencies involved in IP, in various cities across China. Among other
activities, IPR2 will continue to support the Legislative Affairs
Office’ review of China’s Patent Law; offer a comprehensive
compilation of EU and Chinese IP legislation
(in English and Chinese); and support other emerging interests such as the
protection of Geographical Indications (GIs)
with expertise given to aligning the legislation (three different agencies are
responsible for this area alone).
Chinese IP enforcement agencies are interested to improve their
understanding of European legal systems and cases and engage in more peer to
peer discussions. Training on ground-level
enforcement issues will serve in part to address this, focusing on
trademarks, unfair competition and administrative procedures. Further training
will cover copyrights on the internet and
IP protection at trade fairs and a seminar
will be organised to share European and international practice on the
protection of well-known trademarks. Other activities include a platform for
discussion on the virtues of public-private
partnership in combating counterfeit spirits, supporting the
strategic and operational work of China’s customs authorities through workshops and study
exchanges; and studies to compare performance indicators for trademark and
design registration between relevant agencies.
IPR2 also supports a series of condensed guides for European and Chinese companies seeking
practical advice on how to protect their IP. Already underway are Roadmaps on
Customs Enforcement, Patent and Copyright Protection and IP Protection at Trade
Fairs in China. Future guides will address how to register a European patent, a
Community trademark and design; as well as protection of trade secrets,
technology transfer, traditional knowledge and unfair competition. IPR2
therefore has close connections to the
China IPR
SME Helpdesk as it provides a direct channel to European industry.
The European Patent Office (EPO) is the implementing organisation on
the European side who, through IPR2, partners with the Chinese implementing
organisation, the Department of Treaty and Law of the Ministry of Commerce of
China. The daily work of IPR2 is grounded by an EU-funded Technical Assistance
Team of three long-term experts based in Beijing. They are supported by local
staff and work alongside the China-funded Project Task Force. The scope of the
Project means that it relies heavily on high-quality short-term expertise to
implement activities, which for the most part is drawn from the EPO Member
States, including the national IP authorities, and the Office for the
Harmonisation of the Internal Market (OHIM).
The bigger picture
IPR2 is commencing its first year of activities at a time where the
subject of IPR is gaining prominence and constructive review in Chinese public
policy. IPR2 demonstrates China's strong determination to support and foster
international cooperation in the field of IP. It is part of a broader IP
strategy, which in addition to strengthening the enforcement system includes
other important elements such as raising the awareness of the public and
education on the importance of intellectual property for China.
It is clear that China has made substantial progress in developing a
comprehensive IP system over the past two decades. The growing momentum of IPR2
comes as China steps up its commitment. An Action Plan for IPR Protection for
2008 was announced in March and the national Intellectual Property Strategy,
recently outlined by the State Council of the P.R of China (June 2008), sets a
rigorous framework for further improving the Chinese IP system and environment
for protection and enforcement.
As Dr Michael Pulch, Minister Counsellor for the EC Delegation to
China, said at the recent
2008 International Conference on Judicial Protection of
IPR, “now more than ever, and with European reform on the
agenda under the renewed Lisbon Strategy for Jobs and Growth (2008-2010), there
is fresh emphasis on the free flow of knowledge which could be optimised by the
use of intellectual property…It is therefore a great time to learn more
about the international best practices [in IP protection and
enforcement of IPRs], and to learn more about China. The EU
envisages technical exchanges as pivotal to enhancing this understanding and
reinforcing our long-term strategic partnership.”
For further information:
IPR2 project web site:
www.ipr2.org
Contact: Tamryn Barker at
tamryn.barker@ipr2.org
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