LSJ Studio has achieved interim results on the research project on the feasiblity of establishing a specialized institution for intellectual property arbitration supported by legal department of CCPIT.
Recently, the Legal Department of the China Council for the Promotion of International Trade organized a report meeting on the topic of "The Feasiblity of Establishing a Special Institution for Intellectual Property Arbitration" via Tencent meeting. Shen Peilan, director of the Treaty and Law Division of the Legal Department of the China Council for the Promotion of International Trade, chaired the meeting. CCPIT Law Department Minister Liu Chao, Deputy Law Department and Level 2 Inspector Su Huan, Law Department Deputy Minister Zheng Wei, Law Department Deputy Inspector Li Wei, Law Department Treaty and Law Division Deputy Director Zhao Ruihao, Law Department Industrial Services Division Xu Wenchao, Li Zeming, officer of Treaty and Law Division of the Legal Department, attended the meeting.
Members of the research project attended the meeting, including Prof. LIU Chuntian of LSJ Studio, President of China Intellectual Property Law Association, Dean of Intellectual Property Academy of Renmin University of China and President of SSIP, Prof. SU Chi of LSJ Studios, former Chief Judge of Beijing IP Court and Vice President of China Intellectual Property Law Association, Professor JIN Kesheng of LSJ Studios, former Chief Justice of IP Tribunal of the Supreme People’s Court, Prof. LIU Shaojun, Associate Researcher of the Law Department of Beijing Social Science Institution and Vice Secertary-General of SSIP, Mr. PENG Zhangjian, Partner of Hylands Law Firm and Arbitrator of Shenzhen International Arbitration Institution.
Background of the Research Project
At present, the international economic and trade situation has put forward higher requirements on the level of intellectual property protection in China, and the Party Central Committee has also deployed relevant work. In July 2019, the Ninth Meeting of the Central Committee for Comprehensive Deepening Reform emphasized that it is necessary to focus on the overall promotion of intellectual property protection, and reform and improve the protection work system from the aspects of review and authorization, administrative law enforcement, judicial protection, arbitration mediation, and industry self-discipline.
According to the "13th Five-Year Plan" National Intellectual Property Rights Protection and Application Planning Key Task Division Program, the CCPIT undertakes the task of "establishing a multi-dispute resolution mechanism for intellectual property disputes and strengthening the construction of intellectual property arbitration institutions and dispute mediation institutions."
The preliminary research and related research shows that the establishment of a special international intellectual property arbitration institution is imminent. The establishment of this institution can further demonstrate China's determination to strengthen the protection of intellectual property rights, improve the coordiation between arbitration and litigation and litigation and mediation, effectively leverage the advantages of professional organizations, ease the growing pressure on intellectual property cases in the judicial system, and reduce the cost of rights protection and dispute resolution.
In this context, in order to more solidly and effectively promote the construction of the institution, and further in-depth analysis of the advantages of IP arbitration and the significance of the development of a diversified dispute resolution mechanism for intellectual property rights, in November 2019, the Legal Department of the CCPIT officially commissioned SSIP to conduct a special research on China's international intellectual property arbitration institution.
Results of the Research Project
After accepting the task, SSIP established a research group with LSJ Studio as the main research force, and organized industry experts and scholars to carry out research and discussion on the problems that need to be solved. The first draft of the project, “On the Feasbility of Establishing A Special Institution for Intellectual Property Arbitration,” was completed in January 2020. In March, the first special report on the subject was given to the CCPIT Law Department. Afterwards, the report was revised according to the opinions and suggestions put forward by the CCPIT Legal Department, and a formal report was submitted to the CCPIT Legal Department in April.
The Report discusses the feasibility of establishing a special institution for intellectual property arbitration from the perspective of system, mechanism and timing. The Report concludes that intellectual property disputes are arbitrable and appropriate for arbitration; the era of globalization has made intellectual property arbitration ready.
With regard to the necessity of establishing an intellectual property arbitration institution that is different from ordinary commercial arbitration institutions, the Report concludes that the establishment of a special intellectual property arbitration institution can meet the needs of professionalism, confidentiality, timeliness and international competition. These are some particularities better meet the needs of intellectual property dispute resolution.
The Report also comprehensively designed the name, location, rule-making, establishment of internal governance institutions, arbitrator selection mechanism, coordination with judicial procedures, and its main affairs of the specialized arbitration institution for intellectual property.
This report meeting is the second special report meeting on the subject organized by the CCPIT Law Department. In addition to relevant leaders, personnel, and members of the research group of the CCPIT, the meeting also invited arbitration commission experts from various regions of the country to participate.
At the meeting, Xu Wenchao, an officer of the Industrial Services Division of the Legal Department of CCPIT, first introduced the project and related progress. In regard to the content of the subject research, the CCPIT Law Department met with the ministries and commissions of the National People's Congress Legal Work Committee, the National Intellectual Property Administration, the Ministry of Justice and other ministries and commissions to exchange views on the establishment of an international intellectual property arbitration institution. The above ministries and commissions all stated that the establishment of this organization by the CCPIT complies with the law and has great political and practical significance at home and abroad. In particular, he mentioned that on April 10, the General Office of the CPC Central Committee and the General Office of the State Council issued the Plan of Implementation of Opinions on Strengthening the Protection of Intellectual Property Rights from 2020 to 2021. Article 71 clearly states that the CCPIT is specifically responsible for completing the establishment of the China International Intellectual Property Arbitration Commission by the end of this year. At this point, the feasibility study for the establishment of the China International Intellectual Property Arbitration Commission has entered the stage of achievement conversion.
Regarding the major achievements made by the subject, Professor Liu Chuntian pointed out that with the continuous development and changes in the world situation, the competition between countries is ultimately reflected in the competition of technological innovation capabilities. Intellectual property rights are the key to determining national competitiveness, and intellectual property protection has become an important part of national competitiveness. Therefore, the establishment of a special institution for intellectual property arbitration is both feasible and necessary and urgent. Professor Liu Chuntian also emphasized the arbitrability of intellectual property from the theoretical level. He said that intellectual property rights are rights acquired in accordance with the law and are inherently private rights. Therefore, intellectual property rights can be either adjudicatable or arbitrable.
Former Chief Judge Su Chi combined with years of experience in intellectual property trial, from the perspective of trial, mediation and arbitration, further elaborated on the feasibility and necessity of establishing a special institution for intellectual property arbitration. He believes that the establishment of a specialized institution for intellectual property arbitration will have a positive impact on judicial trials and will promote the overall development of domestic intellectual property protection.
The meeting also especially invited six experts, i.e., Pan Junxing, Secretary General of Xi'an Arbitration Commission, Qiao Xin, Professor of China University of Political Science and Law, Ma Yide, Director of Zhongguancun Intellectual Property Strategy Research Institute, Du Huanfang, Professor of Renmin University of China Law School, Yao Huanqing, Associate Professor of Renmin University of China Law School, and Professor Yang Ming, Peking University School of Law, to comment on the Report.
The review experts gave a high evaluation of the Report, and believe that the Report stands under the international perspective and clarifies that the establishment of a special institution for intellectual property arbitration in China is both a promise to the world’s intellectual property protection and a specific and effective measures. This is a milestone event in the world's intellectual property industry, and will promote the world's intellectual property industry into a new historical era.
The estalishment of IP arbtration institution need to reflect internationalization and credibiliy. The international advanced arbitration concepts and rules should be widely absorbed to formulate intellectual property arbitration rules. Professional from all walks of life need to be widely attracted to establish a credible arbitrator team. There is a need to carry out long-term and in-depth intellectual property protection research, participate in the formulation of international arbitration rules, and turn China’s specialized institution for intellectual property arbitration into a shining business card for international intellectual property arbitration.
At the end of the meeting, Li Wei, Deputy Inspector of the Law Department made a concluding speech. She first thanked the research team for their hard work on the research. It is the research results of the research group that have made substantial progress in the establishment of a specialized institution for intellectual property arbitration. In the next step, they will work together with the research group to focus on the implementation of the establishment of a special institution for intellectual property arbitration, set out the rules and the formation of teams, and build the specialized institution for intellectual property arbitration into a credible international organization that complies with international rules.
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Copyright: The Beijing Sunshine Intellectual Property and Legal Development Foundation