The Final Seminar of Intellectual Property Fundamental Law Commissioned Project 2020 was held by the Department of Treaty and Law of National Intellectual Property Administration on February 4, 2021.
Song Jianhua, the director-general of the Department of Treaty and Law of National Intellectual Property Administration, Lv Zhihua, the deputy director and all members of the department took part in the seminar. Lv Liping, the consultant of the Economic Law Department of Legislative Affairs Commission of National People’s Congress of the People’s Republic of China, the division chief Ma Zhengping, relevant staff of Office of Science, Education and Culture and Guo Wei, the director of the Third Bureau of Legislation of Ministry of Justice of the People's Republic of China were invited to join the seminar.
Director and members of four project teams of the subject research undertakers participated the seminar, including undertakers of Zhongnan University of Economics and Law, Peking University, LSJ Studio of SSIP and Intellectual Property Development and Research Center of National Intellectual Property Administration.
The deputy director Hu Anqi hosted the seminar and she introduced the background of the subject as well as the basic development of the research.
As members of the team in LSJ Studio, Prof. Jin Kesheng, the former deputy chief judge of the Intellectual Property Division of the Supreme People's Court and Ding Wenyan, the director of the department of Civil and Commercial Law of China Institute of Applied Law of the Supreme People's Court and deputy secretary-general of Intellectual Property Judicial Protection Research Center of the Supreme People’s Court made reports in the meeting. They respectively reported the research result and relevant situation of the regulation of “The Judicial Protection in the Basic Law of Intellectual Property” and “Extraterritorial Application in the Basic Law of Intellectual Property” in the research of “Regulations on Judicial Protection and Extraterritorial Application in the Basic Law of Intellectual Property”. Prof. Jin Kesheng pointed out that the subject team of LSJ Studio does not only undertake the subject of “Regulations on Judicial Protection and Extraterritorial Application in the Basic Law of Intellectual Property”, but also does the research on the project “Research on the Extraterritorial Application of the Basic Law of Intellectual Property”, which is the Class A Research Project of the Soft Science Bureau of the National Intellectual Property Administration. Under the guidance and arrangement of the Department of Treaty and Law, teachers and members of LSJ Studio eventually finish the final report of “Regulations on Judicial Protection and Extraterritorial Application in the Basic Law of Intellectual Property”, which reaches more than 60,000 words. In order to finish the job, teachers and team members of LSJ Studio have participated the reporting meeting for the development of the project for many times and held special meeting for the project. Besides, they have also made investigation and research thoroughly and widely adopted ideas and suggestion from various aspects, such as professors of Intellectual Property, Intellectual Property judges at all levels of courts, lawyers and entrepreneurs.
Prof. Wu Handong, the representative of the subject team of Zhongnan University of Economics and Law, reported the research situation of “Basic Principles and Administrative Protection Related Rules in the Basic Law of Intellectual Property”. Prof. Yi Jiming represented the subject team of Peking University and he made a report on the research of “Regulations of Promoting Innovation and Optimizing the Business Environment in the Basic Law of Intellectual Property”. Doctor Gu Xin, the representative of the subject team of Intellectual Property Development and Research Center of National Intellectual Property Administration, gave an account of the research on “Regulations related to coordination of system in the Basic Law of Intellectual Property”. Professors who participated the seminar also had further discussion on related issues.
The director-general Song Jianhua made a conclusion of the seminar and pointed out that this seminar was a summary of the research of fundamental law of intellectual property of the Department of Treaty and Law in 2020. She praised that every subject team has made a systematical report on the research and put up relevant suggestion. National Intellectual Property Administration has gained more focused direction and orientation as well as made common sense on various issues after research on fundamental law of intellectual property for nearly ten years. The results of the subject teams have made great contribution for the research of the Department of Treaty and Law. Besides, National Intellectual Property Strong Nation program is brewing as 2021 is the first year of the Fourteenth Five-Year Plan of China. It becomes more emergent and necessary for the legislation for the Basic Law of Intellectual Property under the change of global competition, especially the change of global economy caused by the epidemic. Hence, the Department of Treaty and Law will focus on promoting the legislative organ to start the legislative process of the Basic Law of Intellectual Property from macro and systematical perspective. To achieve this goal, the Department of Treaty and Law need to make further research on the previous draft provisions of the Basic Law, adopt the results of the research from the subject teams and put forward suggestion for perfection. Meanwhile, the publicity of the legislative research on the Basic Law of Intellectual Property is required to be strengthened, in order to gain the recognition on the legislation of the Basic Law of Intellectual Property among the subject of market and innovation. At last, the director-general Song Jianhua showed her gratefulness to the support of the legislative organ and the research of every subject team. She hoped that the legislative organ and subject teams could continue to support the research in the future and that the legislative organ could start the legislative process as soon as possible.
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Copyright: The Beijing Sunshine Intellectual Property and Legal Development Foundation