No.45¡¡Oct.28, 2008 |
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| The LeShan Giant Buddha in SiChuan |
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 19th session of China-U.S. Joint Commission on Commerce and Trade highlights intellectual property rights issues |
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| On September 16, the 19th session of China-U.S. Joint Commission on Commerce and Trade (JCCT) was held at the Richard Nixon Presidential Library in Los Angeles. The meeting was co-chaired by Chinese Vice Premier Wang Qishan with Secretary of the U.S. Department of Commerce Carlos M. Gutierrez and United States Trade Representative Susan Schwab. The two sides agreed to expand coordination on 12 work groups including Intellectual Property Rights issues under the framework of JCCT and working cooperatively to address commercial and trade issues concerned to both through consultation and negotiation.
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| China investigates over 10,000 piracy cases in the first half |
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| In the first half of this year, China has made remarkable achievements in the nationwide anti-piracy campaign which was jointly launched by the Ministry of Public Security (MPS), Ministry of Railways, General Administration of Customs (GAC), State Administration for Industry and Commerce (SAIC), General Administration of Press and Publication (GAPP), Ministry of Culture (MOC) and Civil Aviation Administration of China and other departments.
According to statistics, in the first six months, 46.115 million illegal newspapers and periodicals were confiscated and 12,838 cases were investigated, less than those of the same period of last year.
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| Internet Treaties take effect in Hong Kong |
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| According to the news from the Hong Kong SAR government, (WIPO) Copyright Treaty (WCT) and WIPO Performances and Phonograms Treaty (WPPT) (collectively referred to as the Internet Treaties) apply to Hong Kong with effect from October 1, 2008.
The government said that the copyright legislation in Hong Kong is fully in compliance with the international standards enshrined in the Internet Treaties.
WCT consists of Preamble and 25 articles for protection of copyrights in the field of information and communication technologies, especially in the virtual space. WPPT consists of Preamble and 33 articles for protection of the rights of performers and producers of phonograms in digital field, especially in international internet.
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| Three-in-one trials for IP cases fully launched in Shanghai |
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| As one of the earliest pilot regions for ¡°three-in-one¡± IP trials, Shanghai Pudong District has carried out a new model of three-in-one trials at the end of August. The ¡°three-in-one¡± trial model refers to the comprehensive promotion of combined trials of civil trials, criminal trials and administrative trials for IP cases. The IP tribunal in the Court is responsible for collective acceptance of the three types of cases, namely, civil cases, criminal cases and administrative cases in respect of IP matters.
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| Protection and Coordination Department established in SIPO |
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| As an effort to strengthen SIPO¡¯s planning and coordinating functions, the SIPO will set up a new department - Protection and Coordination Department to organize and coordinate IP protection work and the implementation of national IP strategy, announced by SIPO on September 12.
¡°With the issuance of National IP Strategy Programs, our working emphasis has been put on the enforcement of national IP strategy and the improvement of our administration and coordination functions,¡± said the principal of SIPO. The Protection and Coordination Department will be responsible for drafting plans for implementing the IP strategy, promoting the establishment of coordination mechanism for the IP strategy, in order to ensure that the objects of the national IP strategy be achieved. In addition, the new department will also take charge of drafting guidelines and related policies for national IP protection work, organizing and coordinating special actions of IP protection, and other affairs relating to coordinating and conducting administrative execution of laws.
Due to function adjustment, the former Coordination and Administration Department of SIMP is renamed as Patent Affairs Administration Department, while International Cooperation Department also works in the title of Hong Kong ¨C Macao-Taiwan Office.
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| Beijing High People¡¯s Court plans to establish IP consultant database |
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| Beijing High People¡¯s Court will establish a database of IP consultants, said the chief judge of Beijing High People¡¯s Court recently. For the past few years, the numbers of IP cases accepted by Beijing courts have been increasing fast. Supreme People¡¯s Court has included disputes of license contract and monopoly into IP cases, bringing new tasks and new problems, requiring more IP judges with comprehensive knowledge and capabilities.
To meet this need, Beijing Court is encouraging the parties to employ experts to attend the court hearing and help judges better understand technique issues. Efforts are being made so that the standing committee of People's Congress at all levels could approve adding juries with specialized knowledge. Meanwhile, the Court will be also attempting to establish the system of IP consultant database.
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| Shanghai is planning to set up IP Arbitration Court |
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| In order to reduce the cost for cracking down IP infringement and to perfect the settlement system of IP disputes, Shanghai is about to set up IP Arbitration Court by October of this year. The new Court will invite experts in the IP fields at home and abroad to provide IP legal services to the companies in Shanghai, the Yangtze River Delta even over the country, said the leader of Shanghai IP Office at the press conference of Shanghai Government on September 24.
In addition, Shanghai will also set up Coordination Center, which will bear the responsibilities of drafting and enforcing a neutral, high effective and non-profit coordination system to help the parties settle copyright disputes and to create a fair competitive environment for copyright fields, added the principal of Shanghai Copyright Administration.
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