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EU-China protection at trade fairs: mediation support and training Print

15-17 October, Guangzhou and 25-26 October 2010, Beijing

 

IPR2 continues to closely co-operate with the Ministry of Commerce (MOFCOM) on raising the level of IP protection and enforcement at trade fairs, with training for enforcement agencies, officials from the China Council for the Promotion of International Trade (CCPIT) and right holders on how to protect IPRs at trade fairs, in particular how to set up a mediation service, mediation rules and guidelines for ongoing implementation of such services by the Chinese authorities as well as a set of recommendations to both exhibitors and officials on more effective IPR protection practices. Prior to this, a mediation support service for European and Chinese companies was set up for the first time on site at the Guangzhou 2010 exhibition (Canton Fair).  

View photos and read more 

MOFCOM organised a public event on IPR protection at the Canton Trade Fair to highlight the responsibilities of guiding industry to respect IPRs at trade fairs, Led by Deputy Minister Chong Quan, Mr Li Chenggang, Deputy Director General in MOFCOM, Mr Wang Runsheng, Deputy Director of Canton Trade Fair and Mr Carlo Pandolfi, IPR2 Team Leader, participants included trade fair organisers and trade representatives supporting specific industries. A Memorandum of Understanding was signed, in which all trade representatives committed to a number of awareness, counsel and information actions to support exhibitors before and following each session of the Guangzhou fair. 

 

In Beijing, the ‘train-the-trainer’ session aimed to help develop an effective working mechanism of co-ordinating local IP authorities and trade fairs organisers; increase awareness of European stakeholders of the IPR protection system applicable at large trade fairs in China and help them to make effective use of the system; as well as facilitate exchanges between European exhibitors and Chinese IP authorities and trade fair officials in case of IP issues at an exhibition. This continued previous training jointly organised with MOFCOM, CCPIT and China Chamber of Commerce for Import and Export of Machinery and Electronic Products (CCCME) in July 2010 in which IPR2 supported teaching on the role and the functions of mediation at an international exhibition.

 

More than 60 participants from across the 44 CCPIT sub-councils (including automotive, machinery, metallurgical, electronic information industry, commercial and the electric power industry) and the CCPIT legal counsel office; members of chambers of commerce, including the China Chamber of Commerce for Import and Export of Machinery and Electronic Products, the China Chamber of Commerce for Import and Export of Light Industrial Products and Arts-Crafts, the China Chamber of Commerce of Import and Export of Foodstuffs, the Native Produce & Animal By-Products and the China Chamber of Commerce of Metals Minerals & Chemicals Importers & Exporters, as well as exhibition companies and trading companies attended the training.

 

The technical content covered the principles of providing mediation services at foreign trade fairs, details of mediation rules, including the role and conduct of mediators, as well as having introduced, by practical example, the basics of German IP law and the important legal measures usually taken at German trade fairs, such as preliminary injunctions, warning letters, criminal complaints etc. Based on the understanding of the German legal regulations, the statistic of mediation cases was presented to the participants to provide them with a closer overview of the typical nature of IP issues at trade fairs. The training also shared case studies on how specific IP conflicts are addressed, for example electronic patent infringements such as offers for sale, sub-licensing, and patent exhaustion; trademark infringement which are often combined with unfair competition problems; and copyright infringements for unregistered industrial designs.  

 

IPR2 has been involved in providing information about IP protection practices at European trade fairs addressed to right holders. In addition, supporting Chinese companies in the form of training and study tours as part of building a platform for exchange between European enforcement authorities and Chinese officials. This led to the creation of a mediation service in support to exhibitors at major trade fairs in Europe. Read more. This training is part of extending the European experience to benefit stronger enforcement of IP rights at trade fairs in China. This commitment was reinforced at the last EU-China IP Working Group. Read more

 

 MOFOM is the co-ordinating Chinese partner for IPR2. With more than twenty departments, it is in charge of a wide variety of issues, including administering China’s foreign trade, economic co-operation and foreign investment – in particular the participation of Chinese companies at international trade fairs and foreign companies involvement in trade fairs in China – as well and being responsible for organising bi- and multi-lateral foreign negotiations on IP rights in the economic and trade area.  

 

This activity forms part of IPR2's ongoing collaboration with MOFCOM on the protection and enforcement of IP rights at trade fairs, specifically information and mediation support, and builds on the experience gained at the CeBIT trade fair in Hanover in March 2009 and 2010, the IFA exhibition in Berlin and Schweissen and Schneiden in Essen in September 2009, the preparation of a study on European experiences and practices and the EU-China Seminar on the Protection of IPR at Trade Fairs, in Beijing and Shenzhen in November 2007. View www.ipr2.org/tradefair.  

 

Useful links

 

China Import and Export Fair (Canton Fair)

IPR2 support to IP protection at trade fairs

Intellectual Property Protection (Trade Fairs) in China  

 

For more information on IP protection at trade fairs, contact Mr Carlo Pandolfi This e-mail address is being protected from spambots. You need JavaScript enabled to view it

 

For general information on IPR2, contact Ms Tamryn Barker This e-mail address is being protected from spambots. You need JavaScript enabled to view it

 

[IPR2 ref: CC4.AW3.003]

 
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“The most effective solution to effective IPR protection is the legal enforcement that mutual cooperation between the EU and China can and should provide. We need a shared sense of the damage [done] not just to European companies but to any company, and any economy, including China’s.”

Mr. Peter Mandelson, (former) EU Commissioner for Trade, 26 November 2007 Beijing

 

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