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    US, China Agree On IPR Measures, Including Training Of Chinese Officials

    Published on 20 December 2013 @ 6:20 pm

    By , Intellectual Property Watch

    The United States and China today announced agreements on a series of measures to strengthen intellectual property rights protection in China.

    The agreements were reached as part of regular bilateral meetings, held on 19-20 December in Beijing.

    US Commerce Secretary Penny Pritzker and US Trade Representative Michael Froman, together with Chinese Vice Premier Wang Yang, co-chaired the 24th U.S.-China Joint Commission on Commerce and Trade (JCCT).  US Secretary of Agriculture Tom Vilsack was there to address agricultural concerns.  Other participants included US Ambassador to China Gary Locke, US Trade and Development Agency Director Leocadia Zak, and representatives from the State and Treasury departments, according to a fact sheet issued today. 

    The highlights of the joint meeting included numerous intellectual property issues, such as trade secrets, counterfeits, pharmaceutical patent disclosure requirements, and trademarks.

    On trade secrets, China committed under its 2014 action plan to “adopt and publish” an action programme on trade secret protection and enforcement. The programme is expected to include:

    “Concrete enforcement actions;

    Improvements of public awareness about the importance of not infringing trade secrets and the penalties for infringement; and

    Requirements for strict compliance with all laws, regulations, rules and other measures on trade secrets protection and enforcement by all enterprises and individuals.”

    The US is welcome to make suggestions for actions, and China will provide updates as it implements the plan.

    The two governments agreed to cooperate next year on proposals to amend trade secret law and other policy issues. China agreed to give “serious consideration to U.S. legislative reform proposals,” the fact sheet said.

    On data disclosure requirements for pharmaceutical patents, China simply “re-affirmed” the interpretation that its patent guidelines allow applicants to file additional data after filing their applications, and that the guidelines are subject to rules that ensure pharmaceutical inventions receive patent protection. Relevant agencies on both sides will continue to engage on specific cases, it said.

    The two governments restated a commitment to fight IP infringement and counterfeit goods. “The United States and China recognize the importance of this issue and will conduct further discussions in 2014, including exchanges of relevant information, on detailed approaches towards this goal,” the fact sheet reads.

    In other areas, the two sides will “continue dialogue” on more enforcement against counterfeit and substandard semiconductors. They also will increase cooperation on cross-border investigations relating to counterfeit and substandard semiconductors.

    On trademark, they agreed to “continue communications and exchanges” on “bad faith” trademark registrations through “existing bilateral and plurilateral channels.”

    Training of Chinese Officials

    In another area, the agreement includes a commitment to work on improvements to both sides’ civil IP enforcement systems, including throught the JCCT IPR working group. The plans to raise issues such as “enhancements to the civil IP enforcement system, such as access to courts, improving discovery methods, enhancing evidence and asset preservation, and maintaining an accessible collection of decisions in IP cases,” it said.

    Separately, a memorandum of understanding was signed under the bilateral IP Cooperation Framework Agreement to provide a programme of technical assistance to “Chinese intellectual property agencies, courts and the legislature” on IP protection and enforcement, as well as non-discriminatory and pro-competitive innovation policies. The fact sheet details a series of workshops and trainings to be held.

    Among an accompanying list of lucrative deals reached for the United States was the memorandum of understanding on intellectual property rights training aimed at increasing Chinese government capacity and commitment to protect IP rights.

    According to the summary:

    “Memorandum of Understanding between the U.S. Trade and Development Agency (USTDA) and China’s Ministry of Commerce in Support of Intellectual Property Rights

    Training: The goal of this MOU is to increase the capacity and commitment of Chinese government agencies, courts and legislature to ensuring that IP is adequately protected and enforced. USTDA is offering a series of four technical workshops and a U.S.-based training program that will share U.S. experience in order to help China further strengthen the protection of intellectual property.  The workshops will be part of a larger program of assistance that is supported across the U.S. government, including USTR and the Department of Commerce’s Patent and Trademark Office.”

    A copy of the full MOU does not appear to be publicly available.

     

    William New may be reached at wnew@ip-watch.ch.

     


    Leave a Reply

    We welcome your participation in article and blog comment threads, and other discussion forums, where we encourage you to analyse and react to the content available on the Intellectual Property Watch website. By participating in discussions or reader forums, or by submitting opinion pieces or comments to articles, blogs, reviews or multimedia features, you are consenting to these rules.

    We welcome your participation in article and blog comment threads, and other discussion forums, where we encourage you to analyse and react to the content available on the Intellectual Property Watch website.

    By participating in discussions or reader forums, or by submitting opinion pieces or comments to articles, blogs, reviews or multimedia features, you are consenting to these rules.

    1. You agree that you are fully responsible for the content that you post. You will not knowingly post content that violates the copyright, trademark, patent or other intellectual property right of any third party or which you know is under a confidentiality obligation preventing its publication and that you will request removal of the same should you discover that you have violated this provision. Likewise, you may not post content that is libelous, defamatory, obscene, abusive, that violates a third party's right to privacy, that otherwise violates any applicable local, state, national or international law, that amounts to spamming or that is otherwise inappropriate. You may not post content that degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability or other classification. Epithets and other language intended to intimidate or to incite violence are also prohibited. Furthermore, you may not impersonate others.

    2. You understand and agree that Intellectual Property Watch is not responsible for any content posted by you or third parties. You further understand that IP Watch does not monitor the content posted. Nevertheless, IP Watch may monitor the any user-generated content as it chooses and reserves the right to remove, edit or otherwise alter content that it deems inappropriate for any reason whatever without consent nor notice. We further reserve the right, in our sole discretion, to remove a user's privilege to post content on our site. IP Watch is not in any manner endorsing the content of the discussion forums and cannot and will not vouch for its reliability or otherwise accept liability for it.

    3. By submitting any contribution to IP Watch, you warrant that your contribution is your own original work and that you have the right to make it available to IP Watch for all purposes and you agree to indemnify IP Watch, its directors, employees and agents against all damages, legal fees and others expenses that may be incurred by IP Watch as a result of your breach of warranty or of these terms.

    4. You further agree not to publish any personal information about yourself or anyone else (for example telephone number or home address). If you add a comment to a blog, be aware that your email address will be apparent.

    5. IP Watch will not be liable for any loss including but not limited to the following (whether such losses are foreseen, known or otherwise): loss of data, loss of revenue or anticipated profit, loss of business, loss of opportunity, loss of goodwill or injury to reputation, losses suffered by third parties, any indirect, consequential or exemplary damages.

    6. You understand and agree that the discussion forums are to be used only for non-commercial purposes. You may not solicit funds, promote commercial entities or otherwise engage in commercial activity in our discussion forums.

    7. You acknowledge and agree that you use and/or rely on any information obtained through the discussion forums at your own risk.

    8. For any content that you post, you hereby grant to IP Watch the royalty-free, irrevocable, perpetual, exclusive and fully sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content in whole or in part, world-wide and to incorporate it in other works, in any form, media or technology now known or later developed.

    9. These terms and your posts and contributions shall be governed and interpreted in accordance with the laws of Switzerland (without giving effect to conflict of laws principles thereof) and any dispute exclusively settled by the Courts of the Canton of Geneva.

     

     
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