EPO launches new scheme to uphold intellectual property rights in China

The European Patent Office has launched a €16 million plan to try to ensure that the intellectual property rights (IPR) newly enshrined in China are upheld.

The EU–China Project on the Protection of Intellectual Property Rights is a multilateral collaboration between the European Patent Office, its Chinese counterpart, the Chinese State Intellectual Property Office (SIPO), the Chinese government and the European Commission.

Although China’s legal framework for protecting IPR is now in line with international standards, enforcement of remains a critical issue. Concerns about copyright infringement and patent violations persist, and over 70 percent of counterfeit products worldwide originate in China.

More effective enforcement and better protection are the cornerstones of the EU-China programme. Over the next four years, it will target critical areas, applying the raft of direct measures that took effect in April. The initiative also promises to provide better assistance to companies facing violations of IP rights in China.

To underscore that China and the EU approach the issue as partners China is contributing €5.4 million, while the EU will provide €10.9 million.

“This is the most funding we have had for a multilateral effort to date,” said Niclas Morey, Head of the Asia Unit of International Affairs at the EPO in Munich. “We are moving trade between China and the EU forward by strengthening intellectual property rights.”

The EPO will be responsible for providing all parties with expertise on IP, working closely with the SIPO as well as administrative and legal bodies in the Chinese government and the European Commission. The organisation has sent a permanent Technical Assistance Team to Beijing to work more closely with local authorities.

Fourteen national patent offices in member states of the European Patent Organisation are supporting the project and the European Office of Harmonisation of the Internal Market will supply trademark and design-related know-how.

This is not only an important bilateral agreement between the EU and China, but also the biggest cooperation on intellectual property ever within the European Union.

The main focus will be on:

• Enhanced IP enforcement
  Criminal enforcement of patent laws across China will be improved in terms of effectiveness and response times, while administrative structures for establishing and enforcing intellectual property rights will be optimised.

• Guidance for IP rights holders
  The European Commission is offering direct guidance to small and medium-sized enterprise with the SME Intellectual Property Rights Help Desk in Beijing. Knowing that IP rights violations can be especially damaging to SMEs with limited resources, the help desk offers advice and expert liaison services on the ground in Beijing. Other services include direct contact to law enforcement agencies and translation services. Additional IP help desks are planned in other Chinese cities.

• A synchronised legal framework
  A major goal is to keep Chinese criminal law regarding IP, as well as patent law, trademark law and civil and administrative procedures, in synch with international standards.

• More IP personnel
  SIPO has committed to hiring over 370 new patent examiners per year, most of whom are to be trained in cooperation with the EPO.

• Education and awareness
  The Chinese public will be educated about patent and copyright laws, creating broad awareness of the rights of IP owners.

• Seamless information exchange
  Whether companies need access to European or Chinese patent databases or prosecutors are probing for an investigation, the exchange of digital patent data is fundamental to enforcing intellectual property rights. This process started with the SIPO’s adoption of the digital EPOQUE database quantification program in the mid-1990s, and is now almost completed. A computer programme to translate Mandarin Chinese patent text into English is currently under development by a joint task force of European and Chinese specialists. Once completed, the translation tool will be available free of charge to all European patent offices and the general public.