Publish time: Wed Jan 30 10:48:07 CST 2019
On Dec 12th 2018, BAC/BIAC and Intellectual Property Law Association jointly held “The Conference on Annual Review on Intellectual Property Dispute Resolution in China (2018) and Hot Issues on Intellectual Property Dispute Resolution” in Beijing. Mr. Yongfu Chen, Vice Secretary General of BAC/BIAC, took a role of the moderate in the conference.
Before the main section, Mr. Zhiwei Lin, Secretary General of BAC/BIAC, delivered a speech about his own observations and understandings on the intellectual property (“IP”) and IP dispute resolution, using the key words “Importance”, “complicity” and “sharing”. He pointed out that IP was the product of the legalization of science and technology, and of indispensable value for national economy. BAC/BIAC will be dedicated to offering a research platform of IP dispute resolution and to providing more vivid experience for practitioners.
Following Mr. Lin’s sharing, Mr. He Guo, Vice Chairman of Intellectual Property Law Association, addressed the importance and significance for the economical and social development the IP has in these days when developing ways have transformed into being innovation-driven. He held that IP has developed along with the opening-up and reform and the market economy, and will become the ultimate property form in the future. The whole society shall respect innovations and value IP.
Mr. Zhiwei Lin, Secretary General of BAC/BIAC
Mr. He Guo, Vice Chairman of Intellectual Property Law Association
Mr. Yongfu Chen, Vice Secretary General of BAC/BIAC
Mr. Ke Hu, the writer of Annual Review on Intellectual Property Dispute Resolution in China (2018) (hereinafter the “Annual Review”), and Partner of Beijing Jing Tian Gong Cheng law firm, released the Annual Review. Mr. Hu gave his interpretation on hot issues such as Standards-Essential Patents, Merchandising Right and internet-related unfair competition, quoting many typical cases with the theme of “changes and developments”. He thought that, with the variation of commercial modes and practice, how to solve the conflict between legal ideas in copyrights and nowadays changing commercial practice, especially the conflict between the new ethical concept and the concept of copyrights and IP, has attracted more and more attention from the industry. Meanwhile he pointed out that local courts announcing directing documents for Standards-Essential Patents cases and courts raising compensation for the IP- infringed, reflected a positive signal in judicial practice for protecting innovation and encouraging fair competition.
Then Mr. Ze Wang, director of Beijing Justra Intellectual Property Center and Mr. Zhengzhi Wang, Senior Partner from Global-Law law firm made the comments respectively. Mr. Wang shared his unique understanding from the lens of the trademark, on the issues of improper application and hoarding of trademarks in China, Merchandising Right and Parallel Import with a topic of “new tackles for old issues”. The lawyer Wang praised the Annual Review of depth and broadness, comprehensively and timely indicating dynamics of Chinese IP dispute resolution in the past year. Meanwhile, he also suggested the Review in the coming year could provide a glimpse on the development of IP-related laws and regulations, and looked forward to further analysis on specifying infringement compensation amount.
Mr. Ke Hu, Partner of Beijing Jing Tian Gong Cheng Law Firm
Mr. Zhengzhi Wang, Senior Partner from Global-Law Law Firm
Mr. Ze Wang, Director of Beijing Justra Intellectual Property Center
In the following seminar, Mr. Ye Zhao, Partner of Jin Tian Gong Cheng law firm gave the presentation themed FRAND rate arbitration in Standards-Essential Patents. He introduced FRAND rate in Standards-Essential Patents with his own practice experience and he also analyzed arbitration had great importance in solving the rate issue in Standards-Essential Patent cases. Later on, Mr. Hui Zhan, General Secretary of Arbitration Commission from Intellectual Property Law Association, gave a speech on New Cases under Anti-unfair Competition Law and Arbitration Regulating. Mr. Zhan addressed that contract and arbitration would play a great role in preventing various unfair competition conducts by regulating breaching compensation in commercial contracts ahead of time. Mr. Liwei Jiang, Partner from Beijing Sheng Mei law firm, shared his experience on preservation in arbitration, connecting his own experience as a judge and a lawyer. He believed that IP behavior preservation decision should be comprehensively based on the probability of winning the lawsuit, injuries hard to compensate, balance of interests as well as public interests. He also shared his opinions on preservation in arbitration, guarantee and anti-guarantee in the preservation. Lastly, Mr. Chunhui Fang, Partner from Beijing De He Heng law firm, shared his comments on IP issues in Sino-American trade war. He combed Sino-American trade conflict and historical development of IP issues and status quo. He pointed out the fundamental reasons giving rise to the trade war and IP conflict are the economic and technological gaps between both parties and different role they play in global supply chains.
Finally, the whole event witnessed a great success.
Mr. Ye Zhao, Partner of Jin Tian Gong Cheng Law Firm
Mr. Hui Zhan, General Secretary of Arbitration Commission from Intellectual Property Law Association
Mr. Liwei Jiang, Partner from Beijing Sheng Mei Law Firm
Mr. Chunhui Fang, Partner from Beijing De He Heng Law Firm
Annual Review was the first series report, planed by Chinese arbitration institution and written by experts from various industries, which constantly observes and interprets developments and trends in Chinese commercial dispute resolution. Since firstly released in 2013, it has become important materials for readers to understand Chinese commercial dispute resolution development. After 6-year exploration, Annual Report has contributed over 50 annual reports of various industries. Its release conferences have been held all over the world including London, Paris, Frankfurt, Cologne, The Hague, Vienna, Zurich, Hong Kong and Beijing, which attracted experts and scholars, lawyers and in-house counsels from the whole world.
Group photo of all speakers
The event scene
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