MofCOM’s September 12 IP Program in DC Covers A Wide Range of IP Developments

Here is a digest of some of the highlights of the half day program hosted by MofCOM on IP in Washington DC on September 12.

The Supreme People’s Procuratorate gave a useful overview showing the policy reasons for the big increase in criminal IP cases, including the expanding role of the procuratorate.

SIPO underscored the increase in its examiners and the decreasing pendency periods to 22.2 months.   SIPO has also conducted a social survey which showed a relatively high approval rating of its procedures (81.8%).

The Chinese side did not address the foreign-related impact of the Specialized IP courts. However the low foreign utilization of the civil IP system was generally acknowledged.

Regarding the new TM law, procedures for auditory marks was discussed, oppositions for non use, and changes in the recordal system for licenses. SAIC was careful to underscore that its recordal system did not require submission of business confidential information.   SAIC also discussed the changed provisions for liability by reasons of “providing convenience” to infringement, including storage, transportation, mailing, printing, concealing, providing a business premises and providing an on-line goods trading platform.

SAIC also noted that the TM law also sought greater coordination with other laws, including the anti-unfair competition law and criminal laws. For example, it provided support for demonstrating “intentionality” in  TM infringement when other indicia, such as trade dress infringement, are present.  Chinese IP Attaché Chen Fuli also noted that a key provision of the new TM law was its including of concepts of honesty and credibility into the TM system, which were borrowed from the civil law.

The National Copyright Administration noted that there were now at least 632 million Internet users in China, and 527 cell phone users, with 2,730,000 websites. NCA also noted that there were widely differing opinions on the types of amendments that were necessary for the copyright law.  In revising the law to address recent developments, NCA was looking at earlier State Council regulations on on-line liability, and recent civil and criminal JI’s.  NCA also noted that the on-line “Sword Campaign” resulted in 201 cases sent to criminal referral.  In addition NCA was supervising 25 websites for their content of top movies, and TV programs.  In NCA’s view, music and published works were continuing to experience significant problems, and NCA hoped to address these through a black-list system.  Also, NCA noted that many IP addresses for companies that were subject of its enforcement campaigns were located overseas, including in the US.

The Leading Group reviewed its numerous, generally successful, efforts at improving coordination on IP enforcement, including its recent campaigns. Unfortunately, its special campaign on trade secrets had only resulted in 21 administrative enforcement cases in the first half of 2014.

Regarding China’s sui generis system of GI’s, AQSIQ noted that this system was based on China’s Product Quality Law, and was initially implemented in 2004 by the Department of Science and Technology of AQSIQ. AQSIQ noted that relevant rules governing operation of the sui generis system included the Provisions on Protection of Geographical Identity Products, and the Working Rules on GI Product Protection, which provide for opposition and cancelation of GI applications.  Describing GI’s as a “public rights” system, AQSIQ also noted that it has set up a  GI working group, it has started work on a GI products encyclopedia,  it had promulgated over 1000 standards for GI products,  and that it had set up exemplary zones for GI products..  AQSIQ also noted that NAPA Valley had secured GI protection in China.  Its GI application was published in August 2011 and there had been no opposition to it.

Altogether, it was a useful and informative program.

Full disclosure: I co-moderated the program, although this summary represents my personal views only.

SIPO’s Data Shows Continued High Demand for IP Information in China

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SIPO recently published its 2013 data on hits on Chinese government IP websites.   Overall, there were 2,974,407,259 hits on Chinese government IP system portal websites in 2013.  Total numbers of distinct on IP addresses were 30,066,575.

The three biggest foreign countries in terms of visitors were the US, France and Canada.  In terms of origin of page views, China was number one: 934,297,096.  The US was number two with 136,552,861.  France trailed at 6,120,926.  To put that in perspective, US page views were 14.6 percent of the total – which is rather high.

Country Page Views
1 China 923,297,096
2 United States 136,552,861
3 France 6,120,926
4 Canada 4,175,340
5 U.K. 3,676,532
6 Germany 3,436,612
7 South Korea 2,804,540
8 Japan 2,428,610
9 Brazil 1,892,332
10 Spain 1,297,910

There were 554,028,775 hits to the Chinese language patent search engine. Amongst English language hits, news ranked first (381,612), and law and policy was second (164,226).

The biggest domestic source of domestic page views were Beijing and Guangdong (approximately 286 million and 90 million, respectively).

There was a minor spike in visits in April (IP Day/Week – April 26, I presume),  another spike in July and August,  but the  big spike was in December with  an especially large growth in IP addresses towards year end, as the 12 month chart below of visitors indicates.

hits

The year end spike parallels the increase in patent filings at year end (https://chinaipr.com/2013/02/16/autumnal-hook-2012-update/.  )My guess is that seasonality in utilization of patent search engines would more closely approximate trends in patent filings, while overall utilization of government IP websites may tend to track IP campaigns and policy initiatives.

The ratio of distinct addresses to page views is about 100 hits per IP address (approximately 3 billion hits/30 million IP addresses).  We are an information-oriented profession!

I noted in an earlier blog “The Chinese IP Hits Parade”  that foreigners learn about Chinese IP from Chinese government websites, particularly when Chinese data is compared with US and European sources of information on the Chinese IP environment.    By comparison, total hits on my bog last year were 30,000, a number that pales in comparison to the millions of page views from foreign IP addresses on Chinese government websites, or in terms on Chinese government English language websites, where the differences narrowed.

While the data suggests continued growth in information services on IP, it would be useful if SIPO provided the tools to make better year on year comparisons or listed all of the Chinese government IP websites it is tracking.  Other problems: the numbers of page views is about one third lower than hits in SIPO’s report, which is hard to fathom, since each hit is necessarily a page view.  In addition, there appears to be a large spike in US utilization of SIPO websites compared to 2012 data in 2013, which is also hard to understand.

Source: http://www.sipo.gov.cn/zscqgz/2014/201405/t20140508_946303.html (关于全国知识产权系统政府门户网站2013年统计情况的通报) (Report Concerning the Statistical Situation of The Chinese Government National Network of  IP Portals in 2013).

 

 

Ministry of Commerce IP Program in DC December 5

Chen Fuli, IP Attaché at the Chinese Embassy in Washington, DC the morning of December 5.   The program is free of charge, but seating may be limited.   You should RSVP at: lishuai@mofcom.gov.cn.

The topics are all ones that I have actively followed in this blog.  Here is the tentative agenda:

International High Level IPR Cooperation Forum

Dec 5,  Georgetown Holiday Inn

2101 Wisconsin Ave, NW, 20007, Washington DC

 9:00-9:20  Opening remarks, by Both China and U.S. Representatives

 9:20-9:40   New developments in IP enforcement in China, by Director Jing Zhang from the Office of Fighting Against IPR Infringing and Making or Selling Counterfeit and Shoddy Products under the State Council

9:40-10:00  New amended Chinese Trademark Law, by Deputy Director General Qing Xia from CTMO

 10:00-10:15 Q & A

 10:15-10:30 Coffee Break

 10:30-10:50  Amending of Chinese Copyright Law by Deputy Director Ping Hu from NCAC

10:50-11:10  Amending of Chinese Patent Law and Regulation on Service Invention by director Yanhong Wang from SIPO

11:10-11:30  New practice of IP trials after the amendment of Chinese Civil Procedure Law by Judge Yuanming Qin from SPC

11:30-11:50 Q & A

11:50-12:00 Closing Remarks

—————-

12:00-13:30                    Lunch (hosted by China for all the participants)

In addition to the speakers noted above, there will also be Chinese official participants from public security, Customs, procuratorate, AQSIQ and other agencies, which should help make for lively discussion and interaction.  I hope to see you there!