CROSS-STRAITS IP PROTECTION JURISDICTION REPORT: CHINA
Stephen Yang Peksung Intellectual Property
On June 29, Chen Yunlin, president of mainland China’s Association for Relations Across the Taiwan Straits, and Chiang Pin-kung, chairman of the Taiwan-based Straits Exchange Foundation, signed an agreement on cross- straits intellectual property protection.
According to the agreement, China and Taiwan will strengthen co-operation in intellectual property protection, including patents, trademarks, copyright and plant varieties, on both sides of the Taiwan Straits. Tey will also promote the innovation, application, administration and protection of intellectual property. Te two sides will, in accordance with their respective regulations, mutually recognise priority rights on the basis of the first filing date for patents, trademarks and variety rights, and make relevant arrangements to protect these priority rights. Additionally, they will co-operate on sharing patent data and examination results, as well as developing plant-species examination and testing.
Te agreement also highlights law enforcement co-ordination. Te two sides announced that they will increase their efforts to fight piracy and counterfeiting, protect well-known trademarks and strengthen market supervision, while beefing up the punishments for fraudulent geographic indications of fruits and other agricultural products. Tey may also provide necessary information to each other and notify each other of relevant actions.
In addition, China and Taiwan also reached an agreement on the protection of plant species, co-operation between communities, an authentication service, communications and a work plan. According to experts, this agreement will bolster creativity and innovation on both sides of the Straits.
China’s first non-governmental anti-piracy consortium set up in Beijing
While many foreign businesses are complaining about IP rights violations in China, Chinese enterprises are suffering at least as badly from piracy. But some are fighting back. On July 15, 2010, China’s first regular civil anti-piracy organisation, the Anti-Piracy Consortium, was formally launched. It was founded by 100 audio and video enterprises that insist on producing and selling only genuine audio and video products. Other founder members include 100 singers, film and TV producers. Te consortium plans to launch campaigns called Replacing Pirated with Genuine and Buying Genuine Products at Low Prices in 100 cities across the country in order to guide consumers to purchase genuine products and resist pirated copies.
“ THE ANTI-PIRACY CONSORTIUM AIMS TO FIGHT AGAINST PIRACY BY FINANCIAL MEANS, TO PROVE TO CONSUMERS THAT GENUINE PRODUCTS ARE AFFORDABLE, AND TO SHOW RETAILERS THAT PROFITS CAN BE MADE BY SELLING GENUINE PRODUCTS AHEAD OF PIRATED MERCHANDISE.”
Te members of the Anti-Piracy Consortium have agreed to unite to prevent the market from being infected by pirated products and to guide consumers to purchase genuine products. It is reported that in order to ensure the long-term anti-piracy campaign, the Anti-Piracy Consortium will form associations with 100 media organisations, 100 copyright owners, 100 associations and 100 original audio and video enterprises in 100 cities to lower the price of genuine products and launch a campaign to encourage genuine CDs at low prices.
Te Anti-Piracy Consortium aims to fight against piracy by financial means, to prove to consumers that genuine products are affordable and to show retailers that profits can be made by selling genuine products ahead of pirated merchandise.
Formal implementation of Tort Liability Law
July 1, 2010 marked the formal launch of China’s Tort Liability Law. According to the law, copyright, patent rights, trademark rights and rights of discovery are protected as citizens’ legitimate rights and interests. Te law specifies remedies for tort liability including: ceasing the infringing act, exclusion of hindrance, elimination of danger, property returns, reinstatement, compensation for losses, extending a formal apology, eliminating ill effects and rehabilitating reputations. Te tort liability law is designed to supplement and complement the intellectual property laws.
Stephen Yang is a partner at Peksung Intellectual Property Ltd. He can be contacted at:
yyong@peksung.com
78 World Intellectual Property Review September/October 2010
www.worldipreview.com
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