US Says China To Sign Bilateral Cooperation Deals On IP Enforcement

By Kaitlin Mara
High-level officials from China and the United States on Tuesday reiterated their joint commitment to “strategic cooperation” on copyright and trademark protection and enforcement, and agreed to hold further meetings of a joint intellectual property working group in the near future.

The 19th United States – China Joint Commission on Commerce and Trade (JCCT) met on 16 September in Yorba Linda, California. Present at the meeting were Chinese Vice Premier Wang Qishan, US Commerce Secretary Carlos Gutierrez and US Trade Representative Susan Schwab, according to a USTR release.

Chinese officials were unable to provide information on the outcome by presstime. The US release contrasts somewhat with criticism by Chinese officials and academics this week of efforts by the United States and others to increase enforcement measures through a variety of fora (IPW, Enforcement, 17 September 2008).

Founded in 1983, the JCCT meets periodically to discuss issues of interest to both the governments of China and the US. While the meeting focuses on several different trade issues, intellectual property rights were of particular importance this time.

The countries agreed that their respective intellectual property offices – in the US, the Patent and Trademark Office and Copyright Office; in China, the National Copyright Administration and the State Administration for Industry and Commerce – will sign two memoranda of understanding on “strategic cooperation” for combating trademark and copyright infringement before the end of 2008, according to the US press release.

The nations further indicated their intention to fight counterfeiting of medicines, specifically in preventing the sale of chemicals to those who would use them for illicit purposes, and China agreed to avoid direction of software purchases by the government and to make an improved offer to the World Trade Organization regarding accession to the Government Procurement Agreement, which is intended to ensure transparency and non-discriminatory procedures (including discrimination against international bidders) in the procurement of government resources, the US said.

A commitment by China to undertake a formal application to the procurement agreement was agreed at the JCCT in 2006; the US has asked for full market access to China’s government procurement sector.

China and the US also agreed to continue the meetings of a formal IP working group, formed in 2004 to facilitate cooperation on IP.

Issues on the table for this group include pursuing cooperative activities in areas of “mutual interest,” according to the US press release. These issues include cooperation on piracy and counterfeit goods – both in retail markets and online – and the development of guidelines in China on intellectual property and standards.

Kaitlin Mara may be reached at kmara@ip-watch.ch.