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China, WIPO Laud Cooperation, But Work Remains

20 March 2014

China, WIPO Laud Cooperation, But Work Remains

Zhang Mao, minister of China’s State Administration for Industry and Commerce (SAIC), has pledged to better cooperate with the World Intellectual Property Organization (WIPO).

 

Zhang and Gurry reportedly discussed China’s current trademark situation and how, with China’s economic and social development, governments and enterprises have enhanced their awareness of the importance of intellectual property. By the end of October 2013, trademark applications in China had reached 12.875 million trademark applications, 8.47 million registrations and 7.08 million valid registrations. Annual trademark application volume increased from 26,000 in 1980 to 1.648 million in 2012.

 

Gurry reportedly expressed his concern on the implementation of China’s trademark law, to which Zhang said the newly adopted law had made China’s registration system more convenient, and that new rules in trademark competitions would protect fair and competitive market order. He said the new law would comprehensively enhance China’s trademark registration, utilization, protection and administration level.

 

Gurry also met with state councillor Wang Yong late last year to discuss increasing cooperation between China and WIPO.

 

Wang said he appreciated WIPO’s help on China’s IP development in a meeting with Gurry. In addition, he said he hopes that WIPO would play a larger part in promoting and consolidating global IPR mechanisms.

 

In response to Wang, Gurry pledged to increase collaboration with China and praised China’s IP achievements.

 

WIPO’s work on promoting innovation through a balanced and effective international IP system has helped strengthen the IP environment in China, but WIPO should lead China to recognize the importance of securing IPR outside of China, Steven Andrews, a foreign counsel at Chang Tsi & Partners in Beijing tells Asia IP.

 

“For several years, China has had the largest number of IPR applications in the world. However, although increasing, the number of international applications by Chinese entities via WIPO administered treaties remains disappointingly low,” says Andrews. “In 2012, China ranked seventh for trademark applications through the Madrid System and fourth in patent application through the PCT. Meanwhile, WIPO and the Chinese agencies both like to proudly announce the increasing numbers of trademark and patent registrations in China, but often, quality may be more important than quantity. With increasing numbers of international registrations by Chinese companies, hopefully Chinese courts and administrative agencies will be more willing to recognize and consider IPRs outside of China to strengthen the international IP system.”

 

Other intellectual property-related authorities in China, such as SIPO and the Supreme Court, should also increase communication to enhance coordination and efficiency, says Frank Liu, a partner at Chang Tsi & Partners in Beijing.

 

Zhang said at his meeting with Gurry that WIPO had provided “constant support and help to China’s trademark work,” that he was glad to hear of WIPO’s decision to open an office in China and that he hopes for the office open as soon as possible. He also said that SAIC had taken various measures to promote Madrid system and to enlighten enterprises’ awareness and enthusiasm for trademark international registration. Zhang said SAIC would continue to deepen cooperation with WIPO in trademark database, human resources and Madrid system promotion.


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