Program on Trademark Strategy For Chinese Companies Investing Overseas

·         Location: Chengdu, Qingdao, Shenzhen, Tianjin and Wuhan

·         Dates: 01 Jun 2016 to 08 Jun 2016

IP Key (the European IP technical assistance/exchange program) is organising 5 half-day Trade Mark strategy seminars in Chengdu, Qingdao, Shenzhen, Tianjin and Wuhan between the 1st  – 8th June.  The following is from their news release:

The purpose of the trade mark IP strategy conference is to support Chinese companies and legal representatives on IP issues as they internationalise their business. Experts will discuss the importance of an IP strategy and the tools available to support its successful implementation. Two EU experts, Mr. Christophe Gimenez, EUIPO, IP Attaché for the EU Delegation to China and Mr. Martin Beckman, Project Manager, EUIPO will share their knowledge and expertise on how to create an IP strategy with the support of international databases.

 The seminars are a good opportunity for Chinese companies who are doing businesses abroad, or are planning for international expansion, as well as trade mark agencies and specialist to learn more about the international tools that can help them be more strategic in their approach to protect and register trade marks abroad.

Simultaneous Interpretation in English and Chinese will be available at the conferences.

Agenda for each city is available online on the IP Key website:    

http://www.ipkey.org/en/activities/upcoming-activities/item/3976-trade-mark-ip-strategy-conference

 To register for the seminar, email the partner in the corresponding city:

Date

Time

City

Venue

Contact Person

Email

June 1st 2016

13:30 – 17:30

Chengdu

The Jinjiang Room, 5/F Century City International Convention Center, Chengdu, China

Finja Zhang

finja_zhang@eupic.org.cn

June 3rd 2016

13:30 – 17:30

Qingdao

The Blue hall, Sino-German Ecopark, No. 2877 Tuanjie Road, Huangdao District, Qingdao 

DING Ling

zdzscqzx@163.com

June 6th 2016

8:30 – 12:30

Shenzhen

6/F Landmark Building, 4028 Jintian Road, Futian District, Shenzhen, China

CUI Can

cuican@szfetsc.com.cn

June 7th 2016

9:00-13:00

Tianjin

37/F Tianjin World Financial Center, Tianjin Tower

LI Yinghong

cft801@163.com

June 8th 2016

13:30-17:30

Wuhan

Wuhan International Cooperation Chamber of Commerce, 489 Zhongshan Road, Wuhan, China

Ellena Du

ellenadu@126.com

 For more information about this activity or for general information about IP Key, please contact Jaspal Channa jaspal.channa@ipkey.org

Three Upcoming Programs

If you are near Portland, Oregon, Prof. Eric Priest of the University of Oregon, Chief Judge Rader (ret) and I will be talking at the University of Oregon about our joint efforts with the US Chamber on China IP related matters.  The program will be held form 12:00 to 1:30 on May 6th at the University of Oregon White Stag Building, 70 NW Couch Street, Portland, Oregon,  RSVP: teevee@uoregon.edu.  Oregon CLE is pending.

On June 2, 2016 in Beijing, IP Key will be cosponsoring a program on Infringement of Intellectual Property Rights Online.  Information is available here.

Another upcoming program on June 8 is in Alexandria, Virginia with the USPTO and George Mason University on licensing.  Although not strictly speaking a China-related program, I expect there to be  considerable discussion around China’s licensing environment.  Amongst the speakers will be Director Lee of the USPTO, Commerce Deputy Secretary Bruce Andrews, FTC Commissioner Ohlhausen, and former USPTO Director David Kappos.  I will also be speaking at this program.  The conference agenda and a link to registration are available here.

 

Imminent Program in Shanghai with the IP Judiciary

IP Key, the European program for IP cooperation with China is sponsoring an EU-China Judge’s forum in Shanghai on March 17-18.  The program is jointly organized by IP Judicial Protection Research Center of Supreme People’s Court, Chinese Courts International Exchanges Base (Shanghai) for Judicial Protection of Intellectual Property Rights and the European Commission.  Topics to be covered include:

  • Innovation of Business Model and Intellectual Property Protection
  • Burden of Proof, Damages Calculation and Punitive Damages in IP Lawsuits
  • Judicial Protection of Trade Secrets

For more information on this activity, visit the IP Key website.

Geographical Indications: Guides and Commitments

The EU China IPR SME Help Desk recently published a Guide to Geographic Indications in China that may be useful for European companies seeking to protect geographical indications in China, and for US companies seeking to understand Europe’s approach to this issue.

This Guide notes that there are two aspects to GI protection in China:

“GIs in China can be protected as an intellectual property right (IPR) under Chinese Trade Mark Law as a collective or certificate mark which provides the same level of legal and economic protection as for any other logo, name or mark registered as a trade mark. Alternatively and in addition, the GI can be registered at the AQSIQ [Administration for Quality Supervision Inspection and Quarantine] which monitors and manages the quality and standard of products offered in the Chinese market. Duel [sic] registration can ensure the GI is protected both as an IPR and as a indicating a certain level of quality assurance to the public.”

This Guide notes that AQSIQ can “help” in protecting GI’s, but does not identify the same administrative mechanisms for AQSIQ to protect GI’s as exists for trademarks. In addition the Guide states that it is “only possible to litigate under the China Trademark Law” (pages 4 – 5).

The December 2014 US-China Joint Commission on Commerce and Trade included the following bilateral outcome which includes geographical indications and generic terms, as well as legal procedures for cancellation and recognition of a GI:

  • China and the United States …understand the following:
    • That a term, or its translation or transliteration, is not eligible for protection as a GI in its territory where the term is generic in its territory;
    • That the relationship between trademarks and GIs is to be handled in accordance with relevant articles in the TRIPS Agreement;
    • That the legal means are available for interested third parties on the above grounds to object to and to cancel any registration or recognition granted to a GI;
    • Where a component of a compound GI is generic in its territory, the GI protection is not to extend to that generic component.  In the event a relevant agency does not have a disclaimer practice, the agency may adopt such practice noting that the compound GI registered or recognized is to be protected only in compound form….

The general differences between the two system (trademark and AQSIQ) in my personal opinion, are largely attributable to the differences between a trademark system which is primarily based on private property rights and a product quality/protection system which looks more to public management.  These two systems may consequentially present different approaches towards the primacy of private enforcement and towards the role of the state. As they co-exist, they may also present challenges in coordination. Nonetheless, as the “sanctity of private property”, in the words of Dean Liu Chuntian of Renmin University, is a key principle in any intellectual property system, the trademark system more clearly reflects traditional notions of the balance between state and individual in how IP is to be created and protected, in my humble and non-official opinion.

Two Upcoming Conferences

MIIT’s IP Center is hosting its annual program on Intellectual Property Standards and Anti-Monopoly Law December 10-11 in Beijing. Information is available here.  For information on the IP Center see http://www.miitip.com/, or http://www.miitip.com/.  This is a particularly timely conference in light of ongoing developments in these three areas in China.

Another upcoming conference is the IP Key-Chinese Academy of Sciences Institute of Policy Management conference on December 4th 2014 at CAS IPM in Beijing on the Economic impacts of IP-Centered Government Incentives in Europe and China, which promises to look at tax and other government incentives to patenting and innovation. The agenda is found here.