【Global IPR Forum:A Platform for International IPR Cooperation Protection and Innovation】for

来源:电子商务 发布时间:2019-04-10 05:31:05 点击:

  The Global IPR Protection and Innovation Forum,jointly sponsored by ChinaCoucil for the Promotion of International Trade(CCPIT)and U,S Chamber of Com-merce,was held from March 27 to 28 in Beijing.The forum focused on the discussion ofthe protection and innovation of intellectual property right.Government leaders fromChina and America attended the forum,as well as scholars,entrepreneurs from Japan,ROK,Singapore,etc.
  The forum is always regarded as an important platform on which to discuss andstrengthen the international IPR cooperation,protection and innovation,especially in thecurrent days of economic globalization in the world.Here we publish some importantspeeches and interview of the forum,so as to cater to the readers. Editor
  CCPIT Chairman Wan Jifei:A Pragmatic Step towards independent IPR innovation
  CCPIT Chairman Wan Jifei gave aspeech at the opening ceremony:After a year of preparation,The GlobalIPR Protection and Innovation Forum,jointly sponsored by the CCPIT and theAmerican Chamber of Commerce,isbeing held in Beijing.It is a forum forinternational industrial and commercialrepresentatives to discuss IPR protectionand innovation.It is pragmatic,as well,in that it promotes for independent IPRinnovation and enhances IPR protection.
  Both the Chinese government andforeign governments place great impor-tance on the forum.Chinese Vice Pre-mier Wu Yi,head of the group in chargeof drafting national IPR strategy, i.e.theState Council,has sent messages to theforum organizers,despite currently be-ing in Russia. We also take great honorin having invited Mrs.Chen Zhili,theState Councilor,to attend the openingceremony and give a speech there.
  CCPIT,the largest trade and in-vestment promotlonal organization inChina,has been cooperating more andmore with international incdustrial andcommercial organizations.CCPIT hasmaintained its close relationships withvarious international IPR organizations,but has also been engaged in the estab-lishment and development of domesticIPR systems.It has single-handedly de-veloped a great body of talent devoted tothe assistance of the development of IPRin China.
  Chinese Vice Premier Wu Yi:Independent Innovation Regarded as An Extremely Important Asset
  Vice Premier wu Yi sent a mess.dgeto the forum:
  I warmly congratulate the ClobalIPR Protection and Innovation Forumand its organizers on its opening.
  As the concept of intellectualeconomy matures,every country in theworld attaches an increasing amount ofimportance to scientific and technologi-cal innovation.Such innovation helps inforstering the core competitiveness of acountry so as to bring about sustainableeconomic development.
  The ability to independently inno-vate is a primary resource of scientificand technological developrnent,and theimpetus behind society"s progress as awhole.IPR protection is a precOndition and safeguard of independent innovation.
  The Chinese government regardsindependent innovation as,dn extremelyimportant asset,and has taken it uponitself to establish a thoroughly innova-tive country China plans to accomplishthis by strengthening its IPR system andstrengthening its IPR protection.To pro-mote IPR protection,the Chinese gov-ernment will enact increasingly effectivemeasures,which strengthen cooperationwith the intemational business commu-nity
  The CCPIT and the AmericanChamber of Commerce will iointlyhold the Global IPR Protection and In-novation Forum.It is a pragmatic steptowards IPR Drotection.
  State Councilor Chen Zhili:Adequate IPR Protection to Be A Sub-stantial Boon to China"s Development.
  State councilor Chen.Zhili gave aspeech at the forum:On behalf of the Chinese govern-ment,I send my most heartfelt congratu-lations to the organizers of the GlobalIPR Protection and Innovation Forum.That the CCPIT and the AmericanChamber of Commerce iointly orga-nized it is a feat in and of itself.
  I would like to take this opportunityto introduce the particulars of China"sIPR protection strategy. The first pointI want to address is that Chinese IPRprotection should be tailored to meet thespecific needs of China"s rapidly devel-oping economy. President Hu Jintao hasoften stressed that it is China"s pressingmission to strengthen the structure ofcurrent IPR svstems and to foster IPRinnovation,management,protection andapplication by strengthening encourag-ing innovation within our own borders:it is also our urgent mission to perfectour socialist market economy.We hopeto accomplish this through the strict reg-ulation of the market order and the con-struction of a society with integrity,andlikewise by strengthening the marketcompetitiveness of domestic enterprises,which will improve the very nation"scompetitive ability.
  It is in fact necessary for China tobuild a society that places a high valueon innovation in the coming century.This sinlply cannot be accomplishedwithout adequate IPR protection.
  China has become a significantglobal proponent of IPR since the impor-tation of an international IPR standard.In 2006,China received over 700,OOOapplications for trademark registration.There are 2.76 million registered trade-marks in China so far There have alsobeen 570,000 patent applications.It isimportant to note that a plurality of theworld"s utility market Datents have beenregistered in China.In January of 2005,the State Council formed a committee todraft a national IPR Strategy. The draftof the National IPR Strategy Plan will becommpleted by the middle of 2007.
  In 2005,China"s high-tech exportsstood at 28% of its total export.whileits electrical and machinery exportsstood at 56%.
  We conclude that adequate IPR pro-tection would in the end be a substantialboon to China"s development.While working towards that end.we shouldalso make an effort to learn from IPRexperiences of other countries and try toattract more inernational investment.Itis obviously necessary to strengthen do-stic IPR protection in order to createa bettetr investment climate.
  I want to state here that the Chinesegovernment has attached great impor-tance to the issue of IPR protection,and has made its stance on this issueperfectly clear.We have had remarkableresuits so far,Over the past two decades,we have managed to develop an entirelyadequate set of IPR laws which are notonly suitable for China"s situation.butcan also stand on their own imernation-ally,Our system is entirely effective inthe fields of IPR administrative approv-al,propaganda,agency,academic study,etc.We have built a system that encour-ages the cooperation of the administra-tion and law enfbrcement agencies.Toestablish a system of this kind.it tookthe UK.over 300 vears.America over200 vears and Japan over 100 years.
  We have organized activities aimedat expanding education about IPR pro-tection.For instance.we have estab-lished an IPR Propaganda Week,whichhas now been held for four consecutiyeyears,used with in conjunction with me-dia propagrdnda and other things of thatSort.
  Commissioner of the State intellectualproperty Office:International IPR Regulations Should Dem-onstrate Fairness and Justice
  Tian Lipu gavea speech at the forum:The modern IPR system is an im-portant systematic innovatiion of societyas a whole.Since the indusrial revolu-tion,the IPR system has been has proveditself to be the only viable method toensure a society"s cominued innovativeability.It is reasonable to believe thatwithout IPR protection,a society cannoteffectively innovate.
  Nowadavs,a nation"s core ability tocompete internationally in inextricablytied to its ability to foster.allocate andadjust its intellectual resources and theresults of those resources.Without a for-ward-thinking stance on the creation andmaintenance of IPR.a country is entirelyunable to innovate.
  This is so fundamental that,in fact,the degree of IPR applicatiion is a crite-rion by which to measure the innovativecapacity of a countr Y.The IPR systemis the most flundamental mechanism toprotect and enhance innovation.not tomention a way to encourage domesticinnovation,a way to protect innovation,a method of adjusting to adlvancementsin innovation,a way to spread mnova-tions into the market.and an incentive tomarket one"s innovative achievements.IPR and innovation have become oneand the same.
  IPR"s uniaue role in the promotion ofinnovation,and thereby in the promotionof investment and the encouragement ofcompetition,has compelled more andmore business clients to demand highlevels of IPR protection.Businesses in-volved in integrated circuns,computersoftware,databases,DNA technology,etc.have all come to be protected under IPR"s increasingly broad aegis.
  We believe that international IPRregulations should demonstrate fairnessand justice.They should not favor moredeveloped countries.
  IPR protection is vital to the inter-national compassion and cooperation.We should create an environment ofdlscourse not comest,cooperation notconflict,collaboration not crippling pres-sure,so as to help all countries sharethe benefits brought by scientific andtechnological progress,and to help all ofmankind eliminate poverty and pursuecivilization and prosperity.
  Vice Commissioner of State Administration
  of Industry and Commerce:
  China Attaches Equal Importance to domes-
  tic and foreign trademarks
  Li Dongsheng,Vice Commissionerof State Administration of Industryand Commerce gave a speech at the fo-rum:
  Chinese organs of industrial and com-mercial administration attach eaual im-portance to domestic trademarks and anyforeign trademarks registered in China.
  According to the trademark law,inthe administrative aspect of the protec-tion of trademark and patent rights,Chi-na"s organs of industrial and commercialadministration above the cOunty levelare permitted to make investigationsinto the suspects and sites which are sus-Dected violators of IPR law.
  For many Vears,the organs of indus-trial and commercial administration atall levels have enforced all relevant lawswithout bias and with great efnciencv.From 2002 to 2006,administrativeagencies have punished 170,000 cases oftrademark violation:efficiently protectedthe trademark rights of both domesticand foreign trademark owners,and haveprotected the legal rights of consumers.
  From 2001 to 2006.these sameagencies of industry and commerceacross the country have transferred 774cases to police units.In these cases.there were precisely 779 suspects.Thesenumbers demonstrate the efficacy ofcommunication between the makers ofthe law and its defenders.
  IPR Relations between America and China,
  A Chess Game between Smart Players
  Interview with Donohue,Chairman of American
  Chamber of Commerce
  QI:Would you give us vour com-ments on China"s draft of itsChina has made significant ef-forts so far,extremely effectiveefforts,as regards the punishment ofthe perpetrators of intellectual prop-erty theft,the victims of which crimeincludes American companies.EU andChinese companies.The governmenthas particularly focused its efforts onsoftware,requiring legal registration ofan new software developments.Their ef-forts are a part of China"s 11thFive YearPlan.Upon familiarizing oneself withthis plan,it is clear that IPR protection isa natural extension of its spirit.I believethat the Chinese government has madeextraordinary progress.
  There are two remaining issues.oneis the sheer scope of the govenment"sefforts:the other is the economy"s rapidgrowth,which exposes a geometrically increasing number of cases of pOssiblecopyright infringement.This would be achallenge for any goVernment on Earthto handle.
  Q2 In light of China and Amer-ica"s relationship in terms ofIPR regulations,some people say thatit"s a contest,while other people arguethat it"s more like a game of chess.What"s your opinion?
  A: First of all,only smart peopleplay chess.Chess is a game ofstrategy,In America.we are vehementlyagainst IPR violattons Combatagainst IPR violations is in many waysa game of strategy, China is also engag-ing in a game of strategy as it deals withits IPR issues.Both sides are clearlytrying to reach a state where every in-volved party can reap the benefits ofthe relationship between America andChina.The two countries have a verycomplicated relationship:it is essentiallya game of strategy.
  Q3: China insists that it is a de-veloping country,and arguesthat the international community shouldconsider this when dealing with its IPRissues.What are your comments onChina"s attitude regarding this issue?
  A: I have a very quick answer to theissue of China being a develop-ing country.Everybody wants to be adeveloping country,because it"s ben-eficial the WTO rules.I respectChina"s position in this regard,but Ipersonally believe that although Chinais in fact developing, it still shows manyof the characteristics of a country thathas already developed fully.
  Q4: In 2006.America made sev-eral attempts to file lawsuitsagainst Chinese IPR law by petition-ing the WTO.China is taking two ap-proaches in its stance on IPR issues:administrative enfbrcement and judicialenforcerment.What are your comments?
  A: The reason that 150 countrieshave joined the WTO is thatthe WTO has a rule-based system andmechanisms for resolving all of theinvolved countries" differences.It"smuch better than 150 countries tryingto independently find different ways tosolve their problems.America has notin fact filed lawsuits to the WTO;wehave merely suggested that we mightdo that.We have provided informationabout the proposed suits to the Chinesegovernment.We hope that China willtake it upon itself either to resolvethe issues under dispute.or toformally disagree with us.Thecontroyersy surrounding thepropOsed lawsuits in Chinahas also promted a greatdeal of thought on theDart of the US businesscommunity.
  Chinese IPRprotection has seensubstantial progressin three areas-thefirst is that China hasrecently given officialapproval to the regula-tions of the World IPROrganization:the secondis that China has con-structed a modern networkof IPR protection:the third isthat China has made IPR educa-tion a nationwide task.
  Donohue concluded his speechwith the following comments:
  There are often proposals from thecongress of the United States that wouldin effect restrict trade in order to protectthe American market.The American Chamber of Commerce is very clearabout its motives in backing such restric-tions.We simply want to operate underthe agreement we have signedto the WTO.It is ourIntention to opposeany trade limit-ing legislationand violationof our WTOagreements.We have re-cently filedsignificantcomplaintswith theAmericancongress con-cerning this,andI believe that ourcomplaints will be suc-cessful.We believe that it"s Veryimportant that the strategic economicdialogue that is underway between ourtwo governments produce some quanti-fiable results.Bilateral trade is very,very signifi-cant between America and Chi-na.Although trade is quiteimbalanced currently.it is my belief that wewill see significantprogrless in this is-sue in the near fu-ture.IPR is vitalfor the protectionof intellectualproperty that isbrought to China.It is increasinglysignificant to Chi-nese companies thatare developing their ownintellectual property.IPR iscertainly one of the govening fac-tors of trade between two sOnhisticatedcountries.

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