The next QBPC Membership Meeting will take place April 26-27, 2007 at the Yu Da Hotel in Zhengzhou, China. The meeting will feature QBPC’s 7th Anniversary Event and 10 Best Cases Award Ceremony, as well as the 15th QBPC-MORO meeting attended by government officials from State and provincial MORO offices (including Jiangxi, Anhui, Henan, Hebei, Shanxi, Hubei). QBPC members can view a draft of the Zhengzhou comprehensive meeting schedule by clicking HERE. Interested members can register to attend the QBPC-related events in Zhengzhou, Henan Province, by e-mailing Ms. Rebecca Ivey at rivey@apcoworldwide.com by COB Monday, April 16, 2007. Members are requested to clearly indicate which of the following events they plan to attend: a) Steering Council Meeting (Voting Members only), b) Committee Updates Session, c) 7th Anniversary & 10 Best Cases Awards Ceremony, d) QBPC Banquet, and e) MORO Meeting.

The Zhengzhou location will also provide QBPC members with opportunities for partnership development with senior and local government officials who will be gathering in Zhengzhou April 24-25, 2007 for the 2nd Central China Expo. As part of the Expo, MOFCOM is organizing a seminar on the afternoon of April 25, 2007 for Foreign Investment Enterprises hosted by Vice Minister Ma Xiuhong at which senior Chinese government leaders (possibly Vice Premier Wuyi) will take a group photo with meeting participants. QBPC will send 15-29 member company business executives to the meeting. The MOFCOM registration deadline for this event has already passed; for more information about the event, please contact Mr. Wang Xiaoguang of CAEFI directly by phone at +86 (10) 8522-6278.

On March 17-18, 2007, QBPC Chairman Mr. Jack Chang and the Patent Committee project working team held a two-day meeting with several Beijing judges. The first step of QBPC’s cooperative project with the Beijing First Intermediate Court on civil IPR litigation issues was to jointly select subjects that need to be addressed in the future.

On the first day, QBPC conducted a brainstorming session with participating judges from the Supreme Court, Beijing Higher Court, two intermediate courts, and several district courts that are involved in trying IPR cases. A warm and liberal discussion took place covering a list of topics that was prepared jointly by QBPC and the Beijing First Intermediate Court.

Based on the discussion held on the first day, project members from QBPC and the Beijing First Intermediate Court selected several topics for the project to address in the future, including:

(1) Jurisdictional issues concerning IPR civil law suits; (2) Issues concerning conduct during litigation, including fraud and frivolous actions; (3) Preliminary and preservative actions related to: injunction, evidence, and property; (4) Evidence and burden of proof related to: admission, discovery, and standard of proof; (5) Damage determination related to: evidence requirements, rule of reason, and fairness; (6) Declaratory judgment related to: threshold and jurisdiction.

The project approach is threefold: (1) to provide a clear picture of the present practices by examining actual cases; (2) to recommend best practices; and (3) to make suggestions for future improvements. Judges on the project team will write-up the results of their investigations. QBPC members will try to provide their perspective on the issues as well as information about international practices. Approximately one dozen papers are expected to be prepared by August, to be followed by a conference in September.

QBPC members are encouraged to take part in this project by providing their views as well as their knowledge of international practices on the selected subjects. Please contact Patent Committee Chair Mr. Sam Li at mailto:qbpc@apcoworldwide.com with questions or comments.

On March 23, 2007, in Beijing, the QBPC and European Chamber jointly held a Workshop to discuss national and international cooperation between customs and police officials on IPR issues. The Workshop brought together senior officers from Chinese Customs and the Economic Criminal Investigation Division (ECID) of the Ministry of Public Security, as well as European officials and industry representatives, to openly and constructively discuss ways to promote efficient cooperation between customs and police officials, both at the national and international level.

Mr. Vincent Leung, QBPC Customs Committee Vice-Chair, delivered the welcome remarks and introduced the events’ speakers. Mr. Paul Ranjard, QBPC Vice-Chair and Chairperson of the IPR Working Group at the European Chamber, then briefly discussed the background behind the meeting and addressed the importance of enhancing efficient exchanges of information between customs and police officials.

The introductory remarks were followed by three keynote addresses. Mr. Bruno Dalles, Magistrate - Head of French Judicial Customs, provided a brief overview of his role as Head of French National Customs Judicial Service. Additionally, he described the circumstances surrounding the creation of the Service 10 years ago, noting that its founding was prompted by an interest in ensuring that French Customs was competent in criminal matters. He then outlined the Service’s present-day responsibilities, which include investigating smuggling, counterfeiting, and IPR-related fraud cases, as well as engaging in extensive international cooperation with other agencies. Finally, he elaborated on the ways in which the creation of the Customs Judicial Service facilitated more effective cooperation between customs and judiciary police officials.

Mr. Wang Zhiguang, Senior Officer of ECID (Ministry of Public Security), emphasized the importance of close cooperation between customs and police officials at both the national and international level, and affirmed that Intellectual Property Rights protection is a global issue. He further noted that in 2006 alone, ECID dealt with over 3700 serious infringements of IP rights.

Mr. Li Qunying, Director of IPR Division, General Administration of Customs, reiterated Mr. Wang’s remarks on the necessity for effective exchange of information between customs and police officials. Mr. Li also addressed his agency’s ongoing and future cooperation with foreign governments and organizations, as well as highlighted the positive effects of international training and exchange of expertise.

Finally, before opening the floor to the industry representatives for their questions and comments, Mr. Gilbert Caly, from SCTIP Service of Cooperation Technique International of Police ( French International Police Cooperation Agency), briefly explained his role and main tasks in China.

The Workshop concluded with a Q&A session designed to give industry representatives the opportunity to openly discuss with key speakers relevant issues concerning IPR-related cases and the importance of efficient communication and exchange of information between customs and police officials.

On March 26, 2007, QBPC and USPTO representatives met with IPR delegates from the Confederation of Indian Industry (CII) at a meeting hosted by DaimlerChrysler China. The CII is India’s premier business association with a direct membership of over 6,300 organizations from the private and public sectors. In addition to having an IPR division, a National Committee on IPR, as well as a National Committee on Trademarks and Counterfeiting, CII also set up the CII Alliance on Anti-counterfeiting and Piracy in 2004. The QBPC and CII came together to share their experiences in working to promote IPR protection measures in both China and India.

Mr. Jack Chang, QBPC Chairman, presented the background and evolution of IPR issues and protection in China. He discussed QBPC’s origins and growth into a large organization with members from diverse industries, as well as QBPC’s contribution to joint initiatives with the Chinese government in IPR policy, regulatory, and enforcement fields. Supriyo Das Gupta, Subodh Kumar, and Girija Verma led the discussion from the CII IPR Delegation. They briefed participants on CII’s role in facilitating India’s IPR policy changes, and discussed their close working relationship with the Indian government, administrations, and industries, as well as CII’s national and international role and initiatives to advance IPR protection.

During the discussions, QBPC and CII identified various issues where they, as influential industry groups in the two important emerging markets of China and India, could make a positive impact through a cooperative approach with government. QBPC and CII leaders outlined the following goals for future collaboration between the two organizations: 1) Form a Joint Task Force / Working Group for enhanced collaboration between QBPC and CII; 2) Link information systems (such as websites) and encourage greater exchange of information (perhaps through newsletters); 3) Increase mutual exchange of know-how and representatives.

The China Council for the Promotion of International Trade (CCPIT) and the U.S. Chamber of Commerce (USCC) co-hosted a Global Forum on Intellectual Property Rights Protection and Innovation on March 26-28, 2007, in Beijing. QBPC helped to sponsor the Forum as a global association partner. Close to 600 delegates attended the opening ceremony, making it one of the largest IPR meetings held between government and business representatives in the past several years in China. One unique aspect of the Forum’s focus was that it highlighted “innovation,” an area which is attracting an ever-increasing amount of domestic attention. Featured Chinese and foreign officials addressed a variety of related IPR and innovation topics, with Chinese government officials emphasizing dialogue and cooperation and foreign officials relating first-hand experiences and remaining challenges in the field.

The Forum opened on March 27 with discussions related to the theme of “The Interdependence of Innovation and IP Protection”. Following welcome remarks made by Mr. Wan Jifei, Chairman of CCPIT, and Mr. Thomas J. Donohue, President and CEO of USCC, Madame Chen Zhili, PRC State Councilor, delivered the keynote address. Mme. Chen provided an overview of China’s IPR protection efforts, including practices such as strengthening criminal penalties in IPR infringement cases and raising public awareness about the value of IP, inventions, and knowledge through the mass media. She also reiterated that China and foreign states should seek to communicate and collaborate in order to avoid conflict when addressing IPR issues.

Speakers during the second plenary session on “Global Trends in IP Protection” included Mr. Tian Lipu, Commissioner of SIPO, Mr. Jon Dudas, Under-secretary of PTO, and Mr. Makoto Nakajima, Commissioner of Japan Patent Office. Mr. Tian remarked that IP is one of the most important marks of a country’s national power, and suggested that to protect IP is to protect productivity. He further commented that China is dedicated to improving IP protection by entering into international treaties and through learning from developed countries’ successful experiences and practices. Mr. Dudas addressed American experiences in IP protection. He emphasized improvement with respect to application and counterfeiting issues, and shared his belief that mutually beneficial cooperation should be carried out between governments. Mr. Nakajima concluded by discussing Japan’s efforts to establish uniform protection measures among different countries.

During the third plenary session on “The Key Components of an Innovative Society,” business leaders representing transnational corporations expressed their concern about IPR protection. They also shared the factors which in their experience contribute to a robust IPR protection system, such as outstanding education, a free-trade market, and a transparent system for competition. Nearly every speaker pointed out the importance of investing in research, particularly research which responds to market demand.

During the luncheon on Day One, Mr. Li Dongsheng, Vice Minister of PRC State Administration of Industry and Commerce (SAIC), gave a keynote address. He explained that SAIC is the primary government agency responsible for the protection of trademark rights in China, and noted the agency’s focus on legality and efficiency.

 Afternoon sessions offered insight into corporations, associations, and government officials’ perspectives on IPR protection strategies. Mr. Jack Chang, Chairman of QBPC, explored the challenges in generating awareness of IP issues and reflected on the consequences of infringement for the public and policymakers. Mr. Chang introduced the role QBPC has played in protecting IPR, the methods utilized to raise consumers’ awareness, and the success achieved in the past years. At the end of his speech, he expressed QBPC's appreciation to China World Hotel for displaying the QBPC IP consumer awareness pamphlets in the hotel lobby. Judge Randall Rader of the United States Federal Circuit Court of Appeals commented that one of the US’s IP priorities is to work closely with developing nations to help them shape their IP protection policies and enforcement strategies. He emphasized that US IP protection was significantly improved due to the establishment of professional federal IP courts and the passage of laws allowing for a high amount of compensation. Judge Jiang Zhipei, Chief Justice of PRC IPR Tribunal, expressed his confidence and optimism in the future of IP protection in China and also openly identified the difficulties confronted by PRC judges when handling IP cases.

Discussion on March 28 centered on the topic of “The Role of Governments, the Private Sector, Universities, Associations, and Inter-governmental Organizations in Building an Innovative Society.” At the sessions, officials from the US, Korea and China discussed policies related to IP protection and enforcement, emphasizing the function of judiciary procedures and the transparency and efficiency of government and IP administration. Officers from China spoke about the policies in place used to promote innovation in society, and voiced their resolution to support an environment conducive to IPR protection. Additionally, speakers from universities and research centers around the world shared their experiences as participants in programs jointly run by universities and industries. Speakers from China’s Tsinghua University and Central China University of Science expressed their desire to learn from and collaborate with overseas universities.

During the luncheon on Day Two, Ms. Ma Xiuhong, PRC Vice Minister of Commerce, gave a keynote address. She outlined the extensive, coordinated measures led by Vice Premier Wu Yi taken by the courts, procuratorates, administration of industry and commerce, police officers, as well as other relevant government departments to strengthen IP protection. She emphasized the government’s firm and consistent commitment to protecting IP, while expressing her view that the current IP protection situation in China will improve step-by-step, a process which will require time, resources, and patience.

Japan's nine customs houses uncovered a record 19,591 cases of counterfeit imports in 2006, up 46% from the previous year, with most products originating from China and South Korea, the Finance Ministry said Thursday. By country or region, 9,440 cases or 48.2% of the total involved China excluding Hong Kong, making China the largest supplier of products that violate intellectual property rights for the second straight year, the ministry said. Next came South Korea, accounting for 8,720 cases, or 44.5%. The Philippines ranked third with 445 cases, followed by Hong Kong and Thailand.

A record 36,471 international trademark applications were received by the World Intellectual Property Organization (WIPO) in 2006, representing an 8.6% increase on figures for 2005. Companies from Germany led the list of top filers of trademark applications in 2006, accounting for 6,552 applications or 18% of the world's total, WIPO said in a statement. China, currently the leader in international trademark applications in Asia, filed 1,328 applications in 2006, ranking eighth.