The Symposium on the Declaration of Patent Protection from China’s Perspective (hereafter “the Symposium”) was held at Renmin University of China on July 15^th and 16^th. The symposium was co-hosted by China Intellectual Property Law Association, Renmin University of China School of Law and Academy of Intellectual Property, Max Planck Institute of Innovation and Competition and Beijing Sunshine Intellectual Property and Law Development Foundation (hereafter “SSIP”). More than 50 participants attended the Symposium, including experts from the Supreme People’s Court, Ministry of Commerce, State Intellectual Property Office, Max Planck Research on Innovation Institute of Intellectual Property, Renmin University of China School of Law and Academy of IP, Peking University School of Law, IP Research Center for China University of Political Science and Law School of Civil and Commercial Law, Tsinghua University School of Law, Tongji Univeristy School of Law, Zhejiang University School of Management, University of Chinese Academy of Science Department of Law and IP, Xiamen Univeristy IP Institute, Academia Sinica Institutum Iurispruentiae, IP Academy Singapore, National University of Singapore, China Intellectual Property Society, Beijing Qihu 360 Technology Co., Ltd, Liu, Shen & Associates, Beijing Intellectual Property Institute, Lawsing Intellectual Property, Hanhow Intellectual Property, Morgan, Lewis & Bockius, China Council for the Promotion of International Trade, etc. Participants had a heated discussion on the Declaration, focusing on the topic of the globalization and localization of the patent system.

 

    The Symposium was divided into three sections: “Introduction to the Declaration,” “Specific Issues,” and “Open Discussion.” In the first section, Prof. Reto Hilty, Director of Max Planck Institute for Innovation and Competition, and Dr. Matthias Lamping, researcher from Max Planck, introduced the background, key contents and main objectives of the Declaration. Prof. Reto Hilty, one of the drafters of the Declaration, pointed out that the influence of IP academic research on practice is so limited in scope and strength currently. There is an urgent need for scholars to learn to talk with decision-makers with concise and convincing language, so as to ensure that academics have more influence on the process and content of policy-making. Today, a few developed countries and international organizations are actively promoting patent policies that set higher criteria than those stipulated in the TRIPs Agreement. And developing countries sometimes ignore the room of discretion provided in TRIPs. These lead to an unsatisfactory consequence that patents are too many in number, and the cost of the patent system is too high, which has become a serious barrier for R&D and the development of innovative industry. The main purpose and objective of the Declaration is to remind the parties to TRIPs Agreement to make good use of the flexibility and discretion provided by the Agreement.

 

    Dr Martia Lanping pointed out that the central idea of the Declaration was that the design and application of the patent system should be adapted to different patented technologies. The life circles of different technologies are so different. The impact of different technologies on market and public interests are also different. Thus, it is not reasonable for a patent system to apply a single criterion to all technologies. Un the TRIPs framework, the parties have enough room of discretion on many issues, such as patentability, the scope of protection, compulsory license, and remedies. Therefore, more detailed rules should be adopted to deal with patent issues in different technical fields. The Declaration covers a wide range of topics and is a result of demoratic discussion. And the text of the Declaration is still developing. He hopes that colleagues from IP community can make more contribution and suggestion to the Declaration.

 

 

    In the end of the symposium, Professor Liu Chuntian summarized that, IP is a system to encourage competition, maintain market order and encourage innovation. It should be rational, objective and peaceful. A country should not try to deal with IP issues with measures that are beyond the basic rules of economics, and should not try to solve IP problems using measures beyond the ambit of rule of law. The Declaration is a product of rational thinking. Its perspective, vision and thinking broaden and deepen the understanding of the purpose, essence, history and current situation of the patent system in China's intellectual property circles. It has important contemporary significance and reference value for China to grasp the balance between globalization and localization in the field of patent system and realize innovation-driven development.

 

    The Declaration was drafted by dozens of scholars from 25 countries, sponsored by Max Planck Institute for Innovation and Competition. It aims to clarify the broad discretion provided by TRIPS to all members in the field of patent system and to advocate a more rational patent system. The symposium provides with opinions and suggestions, based on China's experience, for the improvement and perfection of the Declaration. It also contributes valuable experience and wisdom to the reform and development of China's patent system. It is a great event for the communication and cooperation of intellectual property circles amongst China and foreign countries.

 

    During the symposium, Professor Rito Hilty was appointed as guest professor and member of the Academic Committee of the Academy of IP, Renmin University of China.