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QBPC 2013 Key Objectives
Date:2013-05-21



    The Key Objectives for the QBPC in 2013 include the following:
     
    1. Work collaboratively with the National People’s Congress, the government, the Court and the Procuratorate System at the national, and local levels to continuously improve effectiveness and transparency of IP policy, legislation and legal system reforms favorable to the protection of IPR and innovation
     

    • Communicate QBPC’s substantial alignment with key elements of the National IP Strategy (“the Strategy”) and Innovation Policy. In particular, to find opportunities to lend support to the 5 Year Goals of;
      • Significantly improving IPR protection with reduced piracy and counterfeiting and decreased protection spending
      • Enhancing the awareness of IPR among society and helping to form an IPR culture

    in areas where QBPC may not have complete alignment with the Strategy or which require clarification, to work cooperatively with Government to suggest acceptable solutions. 
     

    • Build an effective communication channel with the National People's Congress (NPC), and cooperate with as well as support the legal working committee of the NPC to further reform laws concerning IP protection. Priority: the Criminal Code, the Draft Amendment to the Trademark Law and Trade Secret Legislation.
    • Work with the State Council Legal Affairs Office (SCLAO), national government agencies including but not limited to the Ministry of Commerce (MOFCOM), Ministry of Public Security (MPS), General Administration of Customs of China(GACC), State Administration for Industry & Commerce (SAIC), General Administration for Quality Supervision, Inspection & Quarantine (AQSIQ), Ministry of Science & Technology (MOST), Ministry of Industry and Information Technology (MIIT), State Intellectual Property Office (SIPO), General Administration of Press and Publications, Radio, Film and Television (GAPPRFT), Ministry of Culture (MOC), General Administration of Food and Drugs(GAFD), Standardization Administration of China (SAC) and National Health and Family Planning Commission(NHFPC) to draft/revise IP legislation and regulations as well as to provide constructive recommendations on Innovation Policy, which will encourage and support innovation, and effective IP protection. Priority: the Amendment to the Copyright Law, the Amendment to Patent Law, Anti-Unfair Competition Law, the Service Invention Regulations Draft, the Regulatory Measures on National Standards Involving Patents (Measures), GB of < Special Procedures for the Development of Standards Part 1:Standard related to Patents>
    • Exchange meeting with the National Leading Group against IP Infringement and Counterfeiting (“the Leading Group”). As suggested by Vice Minister Jiang Zengwei of MOFCOM, also the Director of the Leading Group Office, an exchange meeting with the Leading Group in early 2013 would be held for further communication. 

     

    • Work with SCLAO, SPC, GACC, SAIC, Beijing Higher People’s Court, Jiangsu Higher People’s Court on legal researches of the Amendment to Copyright Law, Preservation/Preliminary Measures in Civil IP Disputes, OEM Liability Issues in Civil IP Dispute, the Connection between Trademark Registration and Protection, Evidence in IP Litigation.

     

    • Promote the transparency of IP legislation, regulations, judicial interpretations and final court decisions on IP civil & criminal cases by encouraging the on-line publication of the Chinese version and English translation thereof.   

     

    • Strengthen partnership with the IP and innovation academic opinion leaders, Chinese industry and legal professionals on IP, legal and innovation framework reform.

     
     
    2. Strengthen the efficiency and transparency of criminal, administrative and civil (including border IP) enforcement to support the government to implement the National IP Strategy Outline
     

    • Encourage authorities to address local protection, increase enforcement resources, and adopt other mechanisms at the local and regional levels that would allow for the development of a multi-tiered approach to anti-counterfeiting and anti-piracy enforcement, including promoting the central government to increase resources and training for enforcement agencies.

     

    • Adopt QBPC speaking points on agreed areas of reform to bring about more effective criminal enforcement.

     

    • Encourage authorities to promote the transparency of administrative and criminal law enforcement, and provide the IP owners more opportunities to participate in the law enforcement activities to enhance their right to know.

     

    • Promote the regulation to the software purchase process to ensure the use of the copyrighted software.

     

    • Work cooperatively with the Supreme People’s Court, Supreme People’s Procuratorate and the Ministry of Public Security to address issues in IP criminal enforcement.

     

    • Work with No.2 Criminal Tribunal of SPC for a national or regional training (aiming those provinces/cities with high occurrence of criminal IPR cases) to the local judges who handle criminal IPR cases;
    • Seminar/training/workshop with SPP regarding case transferring and prosecution of IP criminal cases;
    • Y2013 China IPR Criminal Protection Forum with MPS focusing on harmonization of administrative enforcement and criminal prosecution, and hot issues regarding criminal threshold, evidence, advance investigation and set-up of long-term effective mechanism.

     

    • Work cooperatively with the GACC, SAIC and AQSIQ to address issues in IP administrative enforcement.

     

    • Roundtable with China Customs on specific enforcement issues in IPR protection;
    • Work positively with GACC, MPS and Dubai Customs to cope with the new method Dubai Customs adopted by shipping the counterfeiting goods back to the originated countries.
    • Seminar on problems in the AIC enforcement activities with SAIC togther with some key areas AICs e.g. Guangzhou AIC;
    • Quality & Safety Forum with AQSIQ focusing on quality and safety to enhance the cooperation with central and local TSB officials.

     

    •   Conduct regular training seminars, workshops and roundtables with representatives from local government IP enforcement agencies for the purpose of enhanced cooperation and exchange of information and best practices.
      • MoU Signing with Fair Trade Bureau of Jiangsu AIC, Zhejiang ECID and Shanghai ECID;
      • Exchange Meeting with Guangdong Law Enforcement Agencies;
      • A number of trainings/ roundtables with hot Customs authorities to promote patent protection and best practices.
      • A series of on-site trainings with Customs branches at post/carrier centers;
      • Cooperation with Customs & Police in Criminal Protection

     

    • Support individual members to transfer big or complicated cases to SPP, SPC, MPS and other central or local law enforcement agencies.

     

    •   Promote the building of the long-term IPR protection mechanism.
      • Set up the regular exchange meeting with relevant ministries led by the National Leading Group Office to implement the No. 37 (2011) Opinion by the State Council. 
      • Work collaboratively with relevant departments to perfect the law/regulation/jurisdiction interpretation system and law enforcement practice for IPR protection.

     
    3. Increase public awareness of IP issues and reduce consumer demand for trademark counterfeited and copyright pirated goods
     

    • Conduct QBPC 2012-2013 Yearly Best Practices and 5 Model Cases Harmonizing Administrative and Judicial IP Enforcement and Promotion Meeting on IPR and Innovation-Driven Strategy, including Best Practices and 5 Model Cases Recognition Ceremony, and work introduction by official of different ministries to promote the strategy of IPR and innovation driving.

     

    • Work with mainstream media, i.e. to strengthen the exposure of QBPC to     Chinese authorities and the public; sustainable mechanism (MOFCOM Leading Group Office); organize at least 3-4 media interviews or reports each year; increase media coverage of QBPC events.

     

    • Improve the interface of QBPC, especially on the interface between members and QBPC and the interface between QBPC and outside stakeholders.

     

    • Continue to promote awareness of the counterfeiting issue and QBPC activities among state and local Chinese government. Starting from 2013, QBPC Newsletter will incorporate new columns, such as reports on relevant law amendments, interviews of legal counsels and legal government authorities, etc., to improve the depth, quality and vividness of the Newsletter, and to enhance the communication and interaction with members.        

     
    4. Continue to strengthen the QBPC role as the bridge between government and industry; between Chinese domestic and foreign invested IP owners; between China and the international community in IP matters by promoting international cooperation and facilitating the exchange of IP information, education, and best practices among domestic and international IP related organizations
     

    • Enhance QBPC’s cooperation with international and/or foreign IP-related organizations such as the WIPO, WCO, Interpol, World Economic Fourm, Global Anti-Counterfeiting Group (GACG), the International Chamber of Commerce (ICC), the International Anti-counterfeiting Coalition (IACC), International Trademark Association (INTA), , Brand Owners Brand Group of Golf Cooperation Council & Yemen (BPG), Business Action to Stop Counterfeiting and Piracy (BASCAP), U.S. Chamber of Commerce, EU Chamber of Commerce, the Confederation of Indian Industry (CII) and the Intellectual Property Owners Association (IPO), other industry groups and trade associations as well as foreign customs officials in order to promote cross-border IP protection.

     

    • Organize IPR Trainings for Chinese Small and Medium-Sized Enterprises (SMEs) cooperated with the Electronics IP Center of MIIT. The cooperation with MIIT on this project paves way for QBPC to gain credit and to promote the QBPC bridging role between FIEs and Chinese domestic SMEs.QBPC could engage more domestic companies in order to drive the mindset change during the process of adjusting and implementing the innovation policy.

     

    • Conduct International Cooperation with Foreign Customs to support members to strengthen cooperation with Vietnam and other oversea customs authorities.

     

    • Continue to provide QBPC speakers to participate in external seminars and international forums to introduce the current IP protection environment in China and exchange best practices, and reach out to international IP professionals to further involve them in the domestic dialogue about IP protection in China and encourage their participation in QBPC events and to promote international collaboration on enforcement.

     

    • Research on international and/or foreign IP policy and legislation trends. 

     

    • Identify appropriate Chinese domestic industry IP groups and legal professional groups to build partnerships with.

     
    5.Provide added value to members and continuously improve the transparency of QBPC’s operations
     

    • Provide added value to members.

     

    • Provide quarterly internal training and more value-added services tailored to the needs of members and strengthen new member communication and education at the General Membership Meeting and timely training on outstanding IP matters at designated dates and venues.

     

    • Provide more value-added services to members by improving the content of QBPC meetings, conference calls.

     

    • Leverage QBPC’s platform and resources to support members to tackle local protection and to move forward tough IP cases, whenever appropriate.

     

    • Encourage value-added activities by the IWGs, which members have recognized as the core of QBPC’s activities.

     

    • Publish reformatted QBPC Newsletter on a quarterly basis to provide Members with more updated information on QBPC activities as well as IP policy and legislation in China.

     

    • Evaluate & publish Membership Survey to obtain opinion from the majority of QBPC membership on variety of topics.

     

    • Revise and republish updated QBPC Member’s Anti-Counterfeiting IPR Manual. Publication of updated IPR member manual, including translation into English, following internal QBPC review and revision

     

    • Encourage more senior level executives from member companies to participate in the QBPC.

     

    •  Continuously improve the transparency of QBPC’s operations.

     

    • Assess and re-build QBPC’s organizational structure to develop into a comprehensive IP professional organization reflective of and responsive to the growing size and diversity of its membership, and build up the QBPC office with professional administrative and legal support

     

    • Conduct meetings with professional organizations, sister organizations, chambers of commerce etc for purposes of alliance and new member recruitment.

     

    • Continue to invite non-steering council members to sit in the steering council meeting to enhance transparency of the Steering Council decision-making process and encourage volunteers to join the future leadership team.

     

    • Set up Standard Operating Procedures (SOPs) to track the implementation rate, member participation rate and deliverables of QBPC activities and fine tune job description for QBPC Chairman, Vice Chairs and Overseas Representatives to improve the quality, transparency of management and accountability of leadership team.

     

    • Further improve the quality and timeliness of the content posted on the QBPC website.

     

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