critical update on understanding china’s judicial protection of ipr
supreme people’s court, prc xia luo
july 9, 2007 london, uk
agenda
ngeneral introduction of china’s ipr legal system
noverview of civil judicial protection of ipr
the ip legislation in china
nsubstantive law:
n the scope of judicial protection of ip
three types of litigation
three procedure laws
possible liability
n civil lia: immediate cessation of infringing conduct, compensation for losses, elimination of harmful effects and dangers, and making public apology.
n administrative lia : immediate cessation of infringing conduct, confiscation, destruction of infringing goods and tools specially used for manufacturing the infringing goods, and monetary fine
n criminal lia: punished with imprisonment of no more than 7 years or criminal detention (less than 6 months) along with a fine, or a separate fine.
major aspects of ip legal system
nprocurement of iprs:
nenforcement of iprs: mainly dealing with infringements
ipr enforcement mechanism
nadministrative approach
njudicial approach:
ncivil action
nadministrative action
ncriminal action
ncourts play vital role and have a final decision-making
n
civil judicial protection of ipr
judicial approach
general court system -the hierarchy of the chinese court system
ip divisions within courts
nspc (1996)
nall high courts
nintermediate courts in all provincial capital or other economically advanced big cities (172 in early 2006)
na few district courts (25 in april, 2007)
designated jurisdiction
nexclusive jurisdiction over judicial review for revocation cases
nnon-exclusive but designated jurisdiction over ip infringements, in june, 2007
n64 intermediate courts for patents
n38 intermediate courts for new varieties of plant
n43 intermediate courts for integrated circuits
nall intermediate courts for trademarks, copyright, unfair competition, technology contracts, etc.
ngrade jurisdiction: intermediate courts in general, except for designated primary courts (25 in june, 2007)
n
the time period for ip civil actions
statutory period of trial for domestic cases
n1st instance: 6 months + 6 months extension
n2nd instance: 3 months + extension
nforeign related cases
increase of ip civil cases 2001 - 2006
cases distribution in 2006 (see chat & form)
pre-trial provisional measures
nchina
npreliminary injunction
npre-trial preservation of property
npre-trial preservation of evidence
nuk etc.
ninterlocutory injunction
nfreezing injunction (mareva injunction)
nsearch order (anton piller order)
nup to oct, 2006:
nenforcement of preliminary injunction
totally 430 applications received, 425 concluded (foreign related 32)
nactual approval rate: 83.17%
258 applications for patent cases, 252 concluded (foreign related 22)
nactual approval rate: 82.42%
nenforcement of pre-trial preservation of evidence :
ntotally 642 applications received, 607 concluded (foreign related 9)
nactual approval rate: 92.67%
n294 applications for patent cases, 274 concluded (foreign related 5)
nactual approval rate: 95.73%
nenforcement of pre-trial preservation of property
ntotally 218 applications received, 208 concluded (foreign related 5)
nactual approval rate: 96.07%
n82 applications for patent cases, 77 concluded (foreign related 1)
nactual approval rate: 98.57%
case study (yamha and starbucks trademark infringement)
last remarks
nipr infringements are global issue and our common target
nbe less suspicious and increase trust, strengthen exchanges and cooperation
nall ip right-holders and governments should fight ipr infringements together rather than against each other !
for more information
nwww.ipr.chinacourt.org-----ipr judgements & decisions.by the end of june, uploading judgments is 23434
nwww. chinaiprlaw.cn----comprehensive information of ipr judicial protection
thanks!
strategies for protecting & leveraging ip in brics territories
july 9 - 10, 2007 thistle selfridge, london, uk
conference day one: monday 9 july 2007
9.00 chair’s welcoming remarks
9.15 tailoring global ip strategies for success in brics: intel’s approach
- overview of intel's global ip strategy: generation, perfection, exploitation and protection
- addressing the unique ip challenges and opportunities in brics
- protection and exploitation of imported ip and ip developed in brics
- anticipating and preparing for the evolving ip environment in brics
gary jones
director legal affairs emea
intel corporation (uk) ltd
10.05 using ip to generate revenue and maximise opportunities in brics territories
- increasing ip value by exploiting your import and export rights
- utilising licensing to generate revenue in brazil, russia india and china
- leveraging your ip portfolio effectively in newer markets
- structuring investments efficiently
- successfully claiming royalty fees – ensuring your claim is not rejected by the chinese government
massimiliano caforio
head of legal
gianni versace
10.55 networking break
understanding china’s current ip landscape
11.20 critical update on understanding china’s changing ipr landscape
- assessing the challenges and opportunities presented by the emergence of an innovation-driven economy in china
- determining the effect of counterfeiting on the chinese internal market
- overview of new legislation and evaluation of draft legislation: understanding how the recently proposed third amendment to china’s patent law will make patents more enforceable and other key developments
- recent landmark cases and how they will impact on your ip strategy, including pfizer’s viagra (2007) patent case and starbucks’ trademark (2006) case
- update on the wto dispute brought by the us and how this could initiate change for china’s ipr landscape
- successfully obtaining ipr in china qa
michelle frew head of emerging markets policy uk ipo |
luke minford head of china operations rouse & co |
judge luo xia assistant judge, intellectual property tribunal supreme people's court of people's republic of china |
13.00 networking lunch
effectively enforcing ip in china
14.00 building your ip infrastructure & relationships in preparation for enforcing your portfolio
- understanding your competitors’ ip and the nature and value of your own ip
- analysing how you are creating, transferring, using and protecting ip in china
- understanding your enforcement opportunities, options and challenges
- maximising the effectiveness of your lobbying activity in china
- determining how best to pursue enforcement
- laying the groundwork for success
rex hockaday
senior corporate counsel & manager asia pacific ip
caterpillar inc
15.40 best practices for working with local partners to enforce ipr
- involving private investigators in your ip strategy to optimise intelligence gathering
- when and how to use customs enforcement as an ip tool
- assessing the benefits of cooperating with local police
- seizing counterfeit produce through the conduct of effective raids and working with the aic
sandar kyi ip counsel hasbro international |
paul johnston ip manager ici paints |
edouard schmitt zur hohe partner schmitt zur hohe & ferrante |
neeti jain partner amarchand & mangaldas & suresh a. shroff & co |
|
|
16.50 navigating the chinese litigation system: what you need to know now
- determining when and where to file
- forum shopping: choosing where to pursue actions
- understanding the structure of the chinese ip court system
- identifying and working with external counsel: local expertise vs international capability
- determining when to consider sending cease and desist letters
- confronting evidentiary difficulties and understanding how to adapt your strategy accordingly
- working effectively with local translators
- maximising the available remedies
horace lam
consultant & head, intellectual property practice beijing
lovells
17.40 breakout roundtable: focus on anti-counterfeiting & gray market goods
the last session of the day is designed to share best practices and generate fresh debate on your experiences of dealing with counterfeiting activity in any of the brics territories. take this opportunity to hear from your fellow attendees and speakers and ask questions specific to your own ip challenges.
moderator: bodo bredahl
ipr legal manager
epson europe b.v.
18.30 chair’s closing comments and end of day one
conference day two: tuesday 10th july 2007
7:30 - 8:30 breakfast briefing brazil: executive briefing on ip risks and opportunities
forward-thinking businesses interested in increasing their market share and having a truly global market presence are increasingly recognizing that brazil is the springboard to the south american continent. recent analysis has highlighted that the enforcement of existing ip rights is increasing in brazil as it is recognized as business- and innovation-critical in brazil. in fact, brazil is seen as evolving towards a highly-competitive, technological competent and secure business environment. join your ip-owner colleagues and other legal experts to discuss developments of interest to your business and ensure that you are fully-equipped to capitalize on the opportunities that this emerging market presents. benefit from the experiences that a large ip owner has had in brazil and gain strategic guidance into current brazilian ip initiatives from local practitioners.
maria alicia lima peral trademark counsel, latin america, british american tobacco |
josé henrique vasi werner attorney, industrial patent agent dannemann siemsen |
9.10 practical considerations for ip owners trading in china
- understanding business protocol and how to tailor your best practices accordingly
- successfully overcoming china’s culture barriers
- minimising the language barriers so you can conduct business effectively
- pointers on locating the additional information, useful websites and organisations that you require
eugene chang
business advisor
china-britain business council
9.50 update from ebay on tackling counterfeits in the online environment in china
- develop an holistic strategy to combat online counterfeiting in china
- discovering first-hand how the experts are fighting online counterfeiters
- understanding what ebay are doing to assist brand owners protect their ip assets
steven liew
legal counsel & director, government relations
ebay inc
horace lam
consultant & head, intellectual property practice beijing
lovells
10.40 managing the media impact of counterfeiting on your business
- formulating an effective communication strategy when counterfeits are discovered in bric territories
- managing the risks of speaking out against potential liability for remaining silent
- successfully handling the press and customers enquiries
- learning from the experiences of a european industrial company
frank peterson
director patent & trademark department
danfoss a/s
11.50 russia: understanding intellectual asset protection for your business
are you confident that you know how enough about ip legislation and practice in russia and cis countries? if not, |then you could be putting your ip portfolio at significant risk. russia and other former soviet union countries present a major risk factor to ip owners doing business in this geographic region. most ip owners estimate that infringement activity costs billions of dollars annually. this workshop will give you the up-to-the-minute intelligence you need to understand recent changes to russia’s ipr regime, determine your enforcement strategies, spearhead pro-active patent filing and mange your trademark rights.
dmitry poliakov
director ipr protection practice
shevyrev & partners
15.20 india: practical tips for managing ip protection and understanding the ip regime
enforcing and licensing ip in the rapidly expanding indian market is of increasing importance to any business operating in or trading with india. regardless of your level of knowledge, this in-depth workshop will give you the critical information you need on understanding the indian legal system, the procedural and cultural realities of doing business in india and most importantly, how to protect your ip portfolio. come armed with your questions as our india experts give you first-hand insight into their best practice tips and experiences.
ranjan negi
senior partner
amarchand & mangaldas & suresh a. shroff & co
18.20 chair’s closing comments
18.30 close of conference