To Know QBPC: Bridge & Ties
To make contributions to facilitate and promote the continuous improvements of administrative and judicial protection for intellectual property in China; to enable the judiciary in order to better serve as a guide for predictable and consistent judicial protection for intellectual property; to perfect related policies and the legal framework; to construct a fair and orderly environment based on the rule of law for economic growth; and to foster an open innovative environment for the development of science and technology through strengthening cooperation with China’s central and local governments, relevant agencies, institutions, academia, media, enterprises, and the international community.
Founded in 2000, the Quality Brands Protection Committee of China Association of Enterprises with Foreign Investment (QBPC) is subordinate to the China Association of Enterprises with Foreign Investment (CAEFI) under the Ministry of Commerce. QBPC is currently comprised of nearly 200 members, most of which are well-known foreign invested companies.
Since its foundation, QBPC has been actively hosting and co-organizing various seminars, forums, and training workshops, providing opinions and suggestions on amending the IPR laws and regulations to National People's Congress, Supreme People's Court, Supreme People's Procuratorate as well as Ministries and Commissions of the State Council. Through the approach, QBPC has been promoting public education on IPR, and proactively building a platform for exchanges between China and the international community. With the relentless efforts of all member companies, service team members and the office staff, QBPC has achieved sound development throughout the past 20 years and built up a good reputation and credibility within China and the international community. QBPC has evolved itself into an effective bridge among not only the Chinese governments, judiciary, law enforcement agencies and member companies but also international organizations, Chinese and foreign judiciaries and law enforcement agencies, domestic and foreign enterprises, academia and media in terms of IPR communication and collaboration.
To be Familiar with QBPC: a Professional Team
QBPC has seven committees to carry out the organization’s activities, namely, Best Practices/Enforcement, Customs, Government Affairs and Public Policy, Internet, Legal, Membership Services and Patent and Innovation. QBPC has set up 16 Industry Working Groups (IWGs) which are responsible for the study of IPR protection issues in specific industries concerning member companies. The IWGs include Agricultural, Artificial Intelligence & Digital, Automation & Electric, Automotive, Chemical, Food Beverage & Alcohol, Home Appliances, IT, Lighting and Smart Home, Luxury Goods, Personal Care, Pharmaceutical & Medical Devices, Printing, Sports, Fashion & Lifestyle, Toys & Licensed Goods and Wireless & Integrated Circuit.
For many years, QBPC has given full play to its professional skills, and has made contributions in boosting the sound development of China’s intellectual property protection by offering suggestions: In 2009, QBPC and Huawei Group jointly raised their concern over the risks to R&D enterprises in China if the article on service invention reward under the draft amendment of the Implementation Rules of the Patent Law was passed. The report submitted by QBPC gained attention from the Ministry of Commerce, Legislative Affairs Office of the State Council, and State Intellectual Property Office, and a last minute important and reasonable modification was applied to the last version of the amendment. The Trademark Law went effective on May 1, 2014. In the third amendment of Trademark Law, QBPC made comments on all drafts from the State Administration for Industry & Commerce, the Legislative Affairs Office of the State Council and the National People's Congress. Some views of QBPC were then adopted. In August 2015, Article 2 of the Law on Promoting the Transformation of Scientific and Technological Achievements issued by the National People's Congress adopted the views of QBPC, defining concepts such as scientific and technological achievements, etc. QBPC has always been concerned about the trademark infringement in OEM, and has actively expressed its views and provided its suggestions to enforcement and judicial authorities such as the Supreme People’s Court, General Administration of Customs, the Trademark Office of the State Administration for Industry & Commerce, etc. The Electronic Commerce Law of the People’s Republic of China (referred to as E Commerce Law) has always been a key priority of QBPC. In 2017, QBPC submitted written comments and suggestions to the Financial and Economic Commission and Legislative Affairs Commission of National People’s Congress three times and met with the E-Commerce Law drafting team. The final version of the law incorporated several suggestions of QBPC.
In February 2021, the Supreme People’s Procuratorate announced the widespread promotion of the system of proactively informing IPR holders of their rights and obligations in public prosecution and trial of IP crimes. As a result, the IPR holders could take part in the proceedings and claim their lawful rights more adequately, which might help to ascertain the criminal facts. In the past, IPR holders were excluded from relevant proceedings. As early as 2014, QBPC noticed the flaw in the system and started advocating for the reform. Later a pilot program was initiated by Shanghai Municipal People’s Procuratorate, which turned out to be a success. Its critical role in facilitating this reform is well recognized by SPP.
The selection of QBPC Annual Top Ten Cases in IP Protection is an important event for both QBPC and the IPR industry. The selected cases in the past years have the influence within the international IP community. Some cases were selected as the country-wide or local annual cases; some were selected by the Ministry of Commerce as typical documents to be introduced to the world about China's progress on the protection of intellectual property rights; some were also reported to relevant state leaders for reference. The QBPC Annual Top Ten Cases Announcement & Exchange Meeting is well received by QBPC members. QBPC Annual Top Ten Cases are highly recognized by relevant ministries, judicial organs and local law enforcement departments. Many of the cases became the benchmark for QBPC members. It aims to help QBPC members improve the quality of handling cases, and provide reference for the legal system reform of intellectual property.
The professionalism and dedication of QBPC has been supported and recognized by the society. Madam Wu Yi, then Vice Premier of the State Council of China, spoke highly of QBPC as her “capable assistant”. In November 2011, Mr. Wang Qishan, then Vice Premier of the State Council, graciously received the representative of QBPC during the 5th Session of the CAEFI Congress. The Global Anti-Counterfeiting Group (GACG) has awarded QBPC twice for its outstanding achievements.
To Work with QBPC: A Reliable Partner
As the only member-driven industry organization with “Global Width and China Depth” focusing on improving the IPR legal framework and enforcement in China, QBPC leverages the professionalism and dedication of service team members to provide multi-facet service to members companies.
As a member of QBPC, you will no longer be alone in the fight against IPR infringement.
As a member of QBPC, you can share with other members the expertise and experience in IPR creation, application, management and protection to build up the capacity.
As a member of QBPC, you can intensify communication and cooperation with IPR enforcement and judicial authorities at all levels via the effective communication platform established by QBPC.
As a member of QBPC, you can have timely access to the latest information regarding China’s intellectual property rights legal construction, judicial decision and academic research, understand the status and trend of infringement and be informed of relevant action by the government.
QBPC Membership Service Journey provides the members with the chance to learn from each other and the platform of communication in the forms of company open day, exchange meetings, sports games, etc.
The QBPC has seven sub-committees to carry out the organization’s activities and objectives:
Best Practices/Enforcement Committee
• Cooperate with China and international enforcement agencies in the running of seminars, training courses and the exchange of best practices which address challenging and timely issues in enforcement
• Launch QBPC Yearly Best Practice and 5 Model Cases Bridging Administrative and Judicial IP Enforcement
• Work cooperatively to improve the standard, efficiency and transparency of law enforcement.
• Support QBPC members by coordinating and cooperating with the GACC to further promote IPR protection work through training, communication and cooperation with brand owners, other enforcement authorities, foreign customs and international organizations
• To coordinate Chinese local customs to engage in more effective enforcement and strengthen cross-border law enforcement cooperation with their foreign counterparties.
Government Affairs and Public Policy Committee – coordinating government and public affairs for QBPC:
• Assist in regular communication between QBPC management and relevant central and local government agencies, foreign resident government offices, associations, societies and chambers of commerce.
• Monitor relevant policies, laws and regulations and advise QBPC management.
• Support and coordinate other cross-committee/IWG GPA issues, particularly commenting on major policies and regulations that affect all QBPC membership.
The Internet Committee focuses on online counterfeiting and infringement issues faced by QBPC members on e-commerce platforms, social media, short video platforms, search engines, independent websites, etc. It closely follows up the latest development in Internet ecology, platform governance and brand protection. Through regular communication and strong collaboration with Internet companies, it aims at creating a platform for exchanges and learning as well as making concerted efforts with law enforcement authorities, Internet companies and other stakeholders on handling relevant issues.
• Timely monitor and share with members the latest developments of IPR related laws, regulations and policies
• Support and participate in the work of researching, making and amending IPR related laws, regulations and policies by collecting and consolidating members’ comments and then submitting the advice and suggestions to related government agencies for their reference
• Collaborating with legislative, judicial and administrative law enforcement agencies to conduct legal research on complicated, hot and important issues related to IPR, by way of seminars and trainings to provide a dialog platform for the representatives from the government agencies, academic institutions, domestic and international enterprises and other parties to discuss and exchange their experience on theory and practice, and help members better understand the full range of Chinese IPR laws.
Membership Services Committee
• Evaluate members’ needs, provide members with a platform for exchanging experiences, keep members informed and engaged in QBPC activities to meet members’ expectations of joining QBPC
• Recruit and educate new members to enhance the foundation for QBPC’s sustainable development
• The Membership Service Committee will also provide high value to the members and assist the members in developing IP talent and continue to improve the service quality to members.
Patent and Innovation Committee
• Support and participate in the Chinese government and its judicial and administrative departments’ efforts in promoting innovation, improving patent law legislation and enforcement, and jointly create a good environment for promoting innovation and technological progress
• Timely monitor the drafts and amendment of the laws and regulations, the judicial interpretations and operating guidelines related to innovation and patents, organize the members to participate in discussions and submit the advice and suggestions to the government agencies, judicial and administrative departments
• Organize seminars, workshops and training courses on the complicated, popular and important issues related to innovation and patents, provide a dialog platform for government agencies, courts, scholars and experts associations and private domestic and international enterprises, and help members improve their R&D investment experience and patent practices in China.
To better serve members, the QBPC set up its own office in 2007 which currently has 6 staff members. The QBPC Office provides support and service to the QBPC Steering Council, Working Committees, IWGs and member companies.