Beijing Sunshine Intellectual Property and Legal Development Foundation was retained by the National Intellectual Property Administration to conduct a research on the subject of "Research on Judicial Protection and Extraterritorial Application in the Basic Law of Intellectual Property", which was undertaken by the foundation's Liu-Su-Jin studio. In order to extensively listen to valuable opinions and suggestions from all parties in the industry, collect theoretical and practical materials required for the research, and complete the research with high quality, on the afternoon of September 18, with the assistance of the Intellectual Property Committee of the All China Lawyers Association, SSIP organized an online seminar on judicial protection and extraterritorial application in the Basic Law of Intellectual Property via Tencent Meeting app.
The seminar was moderated by Wang Zhengzhi, director of the Intellectual Property Committee of the All China Lawyers Association and director of Gao Wen Law Firm. Experts and lawyers from many provinces and cities across the country who are on the front line of judicial practice and intellectual property justice were invited to attend the seminar. Prof. JIN Kesheng, who is the person in charge of the research, the co-founder of the Liu-Su-Jin Studio, Vice-president of the China Intellectual Property Law Association and professor of China Foregin Affairs University and Director HU Anqi from the National Intellectual Property Association also participated the seminar.
At the beginning of the seminar, Director Wang Zhengzhi introduced the speakers and the basic situation of the research on the subject of "Judicial Protection and Extraterritorial Application in the Basic Law of Intellectual Property".
The seminar discussed issues in IP judicial protection, including: (1) the inconsistency among the procedural standards in civil, criminal and administrative litigations for IP cases; (2) Evidence Rules for Intellectual Property Litigation; (3) the difficulty of calculationg damages; (4) the conflict of jurisdictions in IP cases; (5) the issue of insufficient measures to curb legal unilaterialism in the extraterritorial application of IP law; (6) IP judicial assistance issues, etc.
Mr. DONG Xinzhong, Deputy Director and Associate Professor of the Law Department of Taiyuan Normal University, part-time lawyer of Shanxi Qianning Law Firm, former director of the Intellectual Property Committee of Shanxi Lawyers Association; WEI Guo, member of the Intellectual Property
Committee of the All China Lawyers Association, Director of the Intellectual
Property Committee of Anhui Lawyers Association; Yang Pu, Partner of Fangda Law Firm;
LIU Meijing, Managing Partner of Beijing Bailun (Tianjin) Law Firm; LV Jiamu, Partner of Zhejiang Haitai Law Firm, Adjunct Professor of Ningbo University Law School, Director of Intellectual Property Committee of Zhejiang Lawyers Association, Director of Intellectual Property Committee of Ningbo Lawyers Association, Vice President and Secretary of Intellectual Property Law Research Association of Ningbo Law Society and Expert of the Supreme People’s Court Intellectual
Property Case Guidance Research (Beijing) Base; and HUANG Yibiao, Director of Beijing Guanyong Law Firm, Chairman of Beijing Zhongzhou Law Application Research Institute, Director of Beijing Law Society gave speeches on the following topic respectively:
(1) Some Suggestions on the Establishment of Special Procedure Law of Intellectual Property; (2) Thoughts on Intellectual Property Protection and the New Order of International Trade: Some Understandings Based on TPP; (3) Discussion on the Issue of Intellectual Property Injunctions; (4) Practice of Three-in-One Judicial Protetion of Intellectual Property; (5) Three-in-One Procedure, the Difficulty of Proof and other IP Procedural Issues; and (6) Consistency and Related Issues of Administrative Confirmation and Civil Protection in Trademark Adjudication.
GUI Jia, a partner of Global Law Firm, JIA Jinghuan, a partner of Liushen Law Firm, and ZHANG Hanguo, a partner of Beijing Haiwen Law Firm, also expressed their views based on their own work practices and related issues in the topic discussion.
Professor Jin Kesheng summarized the speeches of the guests. He introduced the significance of the research subject, the research process and the follow-up work to be carried out. He thanked the Intellectual Property Committee of the All China Lawyers Association for its assistance and support to the seminar, and thanked all the lawyers for their wonderful speeches on the subject research issues. He said that lawyers are an important force in the intellectual property legal system. Everyone’s speeches discussed in depth and put forward a lot of valuable opinions and suggestions. This contributed to the research of the research team on the making of the basic law of intellectual property and is of great significance for promoting the legislation in the future. He hoped that he could hear the voice of the lawyers in the research on various topics in the future, and jointly contribute to the development of the country’s legal system.
At the end of the seminar, Director Hu Anqi made a concluding speech. She thanked the Intellectual Property Professional Committee of the All China Lawyers Association and the guests for their support to the research and the team’s efforts in the research project. At the same time, she emphasized that the research project of the Basic Law of Intellectual Property is a key project supported by the National Intellectual Property Association, and is of great significance for the legislative and judicial process for Basic Intellectual Property Law after the promulgation of the Civil Code. The current changes in the international and domestic situation will have a profound impact on the entire legal system. The judicial protection and extraterritorial application of the intellectual property basic law undertaken by the SSIP are the core elements of the intellectual property basic law and the concrete embodiment of the national will in intellectual property legislation. Therefore, NIPA has high expectations for the results of the research. In the next step, NIPA will organize a mid-term report meeting on the topic to listen to the mid-term progress of the topic research team. It is hoped that through research, the research team can truly find China’s national position on the legislation of the Basic Intellectual Property Law, put forward legislative suggestions with specific legal provisions, and implement these suggestions at both the institutional level and the practical level, and jointly promote the legislative process of the Basic Intellectual Property Law.
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Copyright: The Beijing Sunshine Intellectual Property and Legal Development Foundation