DOCUMENT CENTREThe IPR2 Document Centre is being developed as an on-line facility providing access to a range of publications and information materials produced by the project and other relevant sources. This will include guidelines, compendiums, case studies, technical compilations and audio-visual material. In the meantime, a number of key publications are provided below:  Mapping the Cultural and Creative Sectors in the EU and China: A Working Paper in support to the development of an EU-China Cultural and Creative Industries' (CCIs) platform, January 2011 - 731.11KB
A working paper on 'Mapping the Cultural and Creative Sectors in the EU and China' as part of an action plan to bring the cultural and creative industries (CCIs) together to exchange information and experiences on the functioning of both markets, and to help to shape policy and legislation. CCIs are important drivers of innovation in other industries and societies and this is a first step to better recognise the potential value of such IP rights and to seek opportunities for increased commercial exchange between Europe and China. Patent Examination Guidelines: A Comparative Analysis 2006 and 2010, December 2010 - 5.64 MB IPR2 has published a comparative analysis of the State Intellectual Property Office's Patent Examination Guidelines, which were updated following the revision of the Patent Law in 2009. It presents the provisions of the updated Guidelines for 2010 in English and Chinese and gives a comparative review of changes from 2006. OHIM Registered Community Design Regulations and Guidelines: The framework governing the European Union's design protection system - 7.00 MB (Chinese only) Outlines the practice of the Office for Harmonisation in the Internal Market (OHIM) – the EU's Trade Marks and Designs Registration Office - with regard to the Regulations on the Community Design. They have been drafted with a view to practical use both by the Office personnel in charge of the various procedures and the professionals concerned therewith. Online Copyright Liability: Leading European Cases, January 2010 - 1.32 MB A survey of the leading cases for online liability for copyright infringement in Europe, compiling cases demonstrating liability for web site operators and other users, hosting providers, hosting user generated content providers, hyperlinking, search engines and disclosure of personal data. Third revision of China’s Patent Law: Legal texts and documents on the drafting process 2006-2008, August 2009 (updated April 2010) - 3.8MB Compiles the most relevant documentation at each stage of the Patent Law revision, including the full text of the new Patent Law, its drafts and subsequent Implementing Regulations and Supreme People's Court Judicial Interpretations; as well as supporting documents, such as explanatory notes from the Chinese authorities and comments submitted by institutional stakeholders and industry at each stage of the revision. Trademark Examination Systems in the European Union: Solving the conflict between a new trademark application and an earlier right (The examination of relative grounds for refusal), July 2009 - 2.94 MB A reference study for the revision of the Trademark Law of the People’s Republic of China. It describes the European trademark framework and the features of the CTM opposition system. In addition, invalidity procedures and developments at the national level in recent years are summarised, including more detailed accounts of developments in Spain, the, UK, and the situation in Germany, France and the Benelux countries. It aims to contribute to the debate on debate on the future viability and efficient management of registration systems in the world. OHIM's Manual of Trademark Practice, July 2009 - 4.20 MB The Manual should be the first point of reference for users of the Community trade mark system and professional advisors who wish to make sure they are using the latest information. Feasibility study contributing to EU-China negotiations on Geographical Indications, May 2009 - 1,023.73 KB Provides an overview of the legal framework and practical experience of protection of geographical indications in the European Union and China. The Study examines the EC legislation on protection of geographical indications and designations of origin for agricultural products and foodstuffs, wines and spirits. It aims at presenting a comprehensive assessment of common principles and rules as well as of differences in approach on protection of geographical indications in the European Union and China. EU-China Comparative Study on design registration - OHIM mission report, May 2009 - 2.45 MB EU-China Comparative Study on design registration - SIPO mission report, April 2009 - 1.83 MB A comparative study between the OHIM and SIPO to further understanding of the respective processes and operations leading to the registration of a design, including appeal and cancellation proceedings in Europe and China. Following visits to each other’s offices, both sides made an evaluation of the other’s operations and provided recommendations and proposals in key areas for further co-operation (IT systems, training, Quality Management Systems, classification procedures and examination practice). EU-China Comparative Study on trademark registration - OHIM mission report, May 2009 - 597.12 KB EU-China Comparative Study on trademark registration - SAIC mission report, April 2009 - 646.26 KB A comparative study between the OHIM and SAIC to further understanding of the respective processes and operations leading to the registration of a trademark, including appeal and cancellation proceedings in Europe and China. Following visits to each other’s offices, both sides made an evaluation of the other’s operations and provided recommendations and proposals in key areas for further co-operation (Quality Management Systems such as mapping processes and identifying indicators, IT systems for shorter pendency times, strategies to ensure a regular workflow and reduce backlogs, business issues such as use of Nice Classification and 'ad hoc' sub-classifications, new training programmes and assessing new training initiatives for examiners). The Impact and Restriction on the Practice of IP Protection by Mandatory Notarisation and Legalisations of Evidence Originating outside the Territory and Procedural Documents, April 2009 - 137.95 KB This paper aims to discuss the practices of notarisation and legalisation of evidence originating outside China, which is a requirement in Chinese domestic administrative enforcement and judicial practice. How to Protect Your Intellectual Property at Trade Fairs: Experience and Practice in Europe, March 2009 - 469.79KB A study detailing the key issues related to the protection of IPR at trade fairs by drawing on the experiences and practices in different jurisdictions; specifically, using examples of effective systems and methods of IPR enforcement developed at the major trade fairs in Europe. It aims to achieve a better understanding of the strategies and best practices developed in Europe to protect IP at trade fairs and to advise companies on how better to protect IP rights at such events. It profiles 7 European countries (France, Germany, Italy, the Netherlands, Spain, Switzerland and the United Kingdom) and is complete with annexes of legislative references for each. Collective Management of Authors' Rights and Related Rights in the EU and the PRC: Benefits and Challeges in the Digital Era, July 2008 To provide Chinese authorities and stakeholders with a better understanding of the role and operating modes of Collective Management Societies in the EU. Published by the EU-China Trade Project as part of bridging EU-China IPR1 and IPR2. Q&A Manual: European Union Legislation on Geographical Indications, May 2008 To provide Chinese authorities and stakeholders with a permanent record of EU best practice on GIs: the manual covers the definition of GIs, relations between trademarks and GIs, use of GI logos, registration procedures, scope of protection, costs and benefits of GIs, as well as controls and enforcement. Published by the EU-China Trade Project as part of bridging EU-China IPR1 and IPR2. Competition Policy and IPR: EU Experience and Prospects for China, January 2008 In support of China's implementation of its first comprehensive framework in the field of competition policy - the Anti-Monopoly Law before it came into effect on 1 August 2008: The study reviews the evolution of the EU's IPR system and its current IP-licensing regulatory framework. It also addresses subjects relevant to China's Regulation of IP-Related Anti-Competitive Conducts and suggests principles which should be adhered to when dealing with "Anti-IP Monopoly" in China. Published by the EU-China Trade Project as part of bridging EU-China IPR1 and IPR2. Manual on IPR Protection at Exhibitions in China IPR, September 2006 - Guidance on how to submit a complaint including a sample trade fair IPR complaint form; contact information for municipal IPR authorities responsible for handling trade fair complaints; and FAQs). Published by MOFCOM. The Legislation Protecting Intellectual Property Rights and its Enforcement in the European Union and China: A Comparative Study, December 2005 - Published by the EU-China Trade Project as part of bridging EU-China IPR1 and IPR2.
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