WIPO China: Series of High-Level Roundtables 2021 – Fourth Session with the Government

March 31, 2021

On March 16, the WIPO Office in China (WOC) held the fourth session of its series of High-Level Roundtables 2021 in Beijing. Representatives from the Constitution and Law Committee and the Foreign Affairs Committee of National People's Congress, the Supreme People's Court, the Supreme People's Procuratorate, Publicity Department of the CPC Central Committee, Ministry of Foreign Affairs, Ministry of Science and Technology, Ministry of Industry and Information Technology, Ministry of Commerce, Ministry of Culture and Tourism, General Administration of Customs, State Administration for Market Regulation, Cyberspace Administration of China, China National Intellectual Property Administration and China Council for the Promotion of International Trade were invited to the Roundtable.

Ms. Liu Hua, Director of the WOC, introduced WIPO and its global IP service systems to the representatives from the government agencies and public sector, shared the priorities of the WOC in 2021, and introduced the activities related to the upcoming World Intellectual Property Day (WIPD).

Ms. Liu said that WIPO is the global forum for IP services, policy, information, and cooperation. WIPO provides all Member States and their stakeholders with golden knowledge assets through its policy forum, application systems, databases, cooperation platforms, and the WIPO Academy.

• In particular, Ms. Liu highlighted WIPO’s policy forum, where the various Committees and decision-making bodies provide a platform for member states to address evolving IP issues, negotiate the changes and new rules needed, and make, develop and administer international treaties. With the support of member states, WIPO-administered treaties achieved many new developments in 2020, including the entry into force of the Geneva Act of the Lisbon Agreement and the Beijing Treaty on Audiovisual Performances, as well as the expanded coverage of Marrakesh Treaty to 100 countries across the globe.
  
  
• Liu also briefed the representatives on the learning and training courses offered by the WIPO Academy, especially the specialized IP training for government and public sector officials. Ms. Liu mentioned that the WIPO Academy experienced exponential growth in the total number of participants throughout 2020. Among others, the number of participants in the Chinese edition of Distance Learning (DL) courses reached more than 30,000, second only to the English edition. 

Turning to China's innovation, creation and IP undertakings, Ms. Liu said that Chinese President Xi Jinping has attached great significance to IP and delivered key instructions and remarks on several important occasions. President Xi has placed IP protection in a more prominent position, which opens a new chapter for China's IP undertakings. 

• At the Opening Ceremony of the Boao Forum for Asia Annual Conference 2018 on April 10, 2018, President Xi pointed out that China will strengthen protection of IP rights, which is the centerpiece of the system for improving property rights protection, and it would provide the biggest boost to the competitiveness of the Chinese economy.
  
  
• At a group study session of the Political Bureau of the CPC Central Committee on November 30, 2020, President Xi Jinping stressed comprehensively the strengthening of IP protection. President Xi put forward five "concerns" and six requirements. Among them, when making important instructions that "China will promote international cooperation and competition in IP", President Xi said that China will deeply participate in the global IP governance under the framework of WIPO.
  
  
• An important article by President Xi on comprehensively strengthening IP protection and stimulating the vitality of innovation to foster a new development paradigm was published in the Qiushi Journal on February 1, 2021. President Xi stressed in the article that innovation is the primary driving force behind development, and protecting IP is equal to protecting innovation.

Ms. Liu said that this Roundtable is timely as it came at a time when China's 'two sessions' successfully concluded with the adoption of the Outline of the 14th Five-Year Plan (2021-2025) for National Economic and Social Development and the Long-Range Objectives Through the Year 2035 and the approval of the Government Work Report 2021, both of which place IP at a strategic level, demonstrating China's policy determination to strengthen IP protection. The outline sets for the first time that the number of high-value invention patents owned by per 10,000 people will reach 12 in 2025. In the past year, China has made remarkable achievements in IP protection, which reflects China's efforts in protecting IP and promoting innovation and creativity. China ranks 1st, 3rd, and 9th in terms of its international patent, trademark, and design applications filed via WIPO's PCT, Madrid, and Hague Systems respectively, all of which recorded double-digit growth amid the pandemic's vast toll. As mentioned by WIPO Director General Mr. Daren Tang, China's innovation accomplishments are truly remarkable, which are attributed to the architecture that has been put in place to promote innovation and protect IP by the Government of China, the vitality and resilience of mass entrepreneurship and innovation, and China's strong IP ecosystem and enabling environment for open innovation and creativity.

Ms. Liu also shared that Mr. Tang is working with Member States to formulate WIPO's Medium-Term Strategic Plan. Although the details are still being discussed, the overall goal is to lead the development of a balanced and effective global IP ecosystem to promote innovation and creativity for a better and more sustainable future. Ms. Liu said that the WOC, upholding the Organization's objectives, vision and mission, and taking into account the WOC's strategies, priorities and layouts, will continue to deliver market-based promotional activities, maintain excellent relationship with all stakeholders in China, attend major events held in China with global, regional and national influence, and share the WOC's latest news with the media and various communications channels, so as to provide more timely, more targeted and higher quality IP services.  

Looking into 2021, the WIPD on April 26 is a highlight of the calendar at WIPO. Ms. Liu said that the WOC assisted WIPO headquarters (HQ) in collecting the case studies of Chinese SMEs leveraging IP rights to achieve business growth, so as to promote the inspiring Chinese stories to the global stage.  During the WIPD campaign, alongside the hub events held by WIPO HQ, the WOC will cooperate with Boao Forum for Asia to organize an IP Sub-Forum under the Framework of its Annual Conference 2021 as the WOC's spoke event supporting the WIPD. Government Officials, top academics, business leaders and outstanding SME representatives will gather together and discuss how to help SMEs take their ideas to market, so as to jointly promote the development and progress of Chinese SMEs and IP undertakings.  

Representatives from various Chinese government departments actively discussed the international cooperation on IP and put forward suggestions on the cooperation between WIPO and their respective agencies in the future.

Lu Zhengmin, Deputy Director of the Office of National Leading Group on the Fight Against IPR Infringement and Counterfeiting (NLGO), Deputy Director General of Law Enforcement and Inspection Bureau of the State Administration for Market Regulation (SAMR), expressed her gratitude for the support and assistance WIPO has been providing to the development of China's intellectual property course and expressed her appreciation for the work achievements made by the WOC in recent years. She noted that WIPO and the SAMR have worked closely together, and for three consecutive years they have co-organized the International Cooperation Forum on the Fight Against IPR Infringement and Counterfeiting under the framework of the China International Import Expo (CIIE), and cooperated in providing professional training for the staff of the 27 member offices of the NLGO, which has enabled them to gain a deeper understanding of IPR and a better knowledge of WIPO and its services. Lu Zhengmin expressed that SAMR and NLGO would continue to cooperate with WIPO in organizing the international cooperation forum under CIIE and trainings this year, and hoped to establish institutional links with WIPO to solve specific problems encountered in work by sharing information with WIPO and absorbing excellent experience from abroad.

Yu Cike, Director General of the Copyright Department of the Publicity Department of the CPC Central Committee, mentioned that in December 2015, the National Copyright Administration of China (NCAC) and WIPO signed a Memorandum of Understanding on Cooperation in December 2015, and in October 2018 the Copyright Department of NCAC and the WOC further expanded their cooperation through an exchange of letters. The two sides have been maintaining a good cooperative relationship, not only with a large number of projects but also with a wide range of cooperation. He said the NCAC and the WOC have contributed a lot to the early entry into force of the Beijing Treaty on Audiovisual Performances, and NCAC will strengthen cooperation with the WOC this year to promote China's early ratification of the Marrakesh Treaty. Yu Cike introduced that in October 2021, the NCPA will hold the 8th International Copyright Fair, which will not only include an International Copyright Forum in cooperation with WIPO, but also the joint awarding of the "China Copyright Gold Award" - the only national and international award in the field of copyright in China. In addition, the training on Overseas Risk Prevention and Control of Copyright Industry jointly organized by the NCAC and WIPO last year was highly praised by the participants, and it is hoped that WIPO will continue to cooperate with NCAC in the relevant training this year. Yu Cike said that the social influence of copyright is no less than that of patents and trademarks, and hoped that WIPO would increase its investment in services for the copyright industry and provide more support and assistance for the development of China's copyright industry.

Gao Jinlu, Director General of the Bills Office of the Foreign Affairs Committee of the National People's Congress (NPC), introduced the relevant procedures for China's accession to or ratification of international treaties. International intellectual property treaties that China has not ratified or acceded to, such as the Hague Agreement, the Marrakesh Treaty, the Singapore Treaty on the Law of Trademarks, and the Lisbon Agreement, will be pre-reviewed by the NPC's Foreign Affairs Committee before being submitted to the Standing Committee of the National People's Congress for deliberation. The factors considered during the review include whether the treaty under review conflicts with domestic law, and what significance will it have for the country. The Foreign Affairs Committee of the NPC is willing to strengthen communication and cooperation with WIPO on matters related to international intellectual property treaties, so as to better link up domestic and foreign laws and better serve the society.

Zheng Xinjian, Director General of the Fourth Prosecutor's Office of the Supreme People's Procuratorate, introduced the functions of the Supreme People's Procuratorate as a judicial organ in the field of intellectual property protection, including not only directly handling criminal cases involving intellectual property rights, but also supervising relevant civil and administrative trials. In recent years, the Supreme People's Procuratorate has attached great importance to the IP related work, and set up a special intellectual property procurator's office last year to promote relevant work in nine provinces and cities. The Supreme People's Procuratorate is willing to strengthen cooperation with WIPO. It hopes to, with the support of WIPO, learn more about the IP related judicial situation in other countries and learn from it. WIPO experts are expected to be invited to give lectures to prosecutors.

Huang Hongjiang, Counsellor of the Department of International Organizations and Conferences of the Ministry of Foreign Affairs (MFA), highly appreciated WIPO and WOC for overcoming the challenge of the epidemic and carrying out extensive and in-depth work in the past year. He said that the Ministry of Foreign Affairs and WIPO have always maintained close ties. In the next step, both parties should work to better align WIPO's development strategy with China's innovation and development-driven strategy, and continue to expand cooperation space. China looks forward to receiving more support from WIPO in the construction of the Belt and Road Initiative, the signing of relevant treaties, and the building of intellectual property talent teams, and to working with WIPO to build an open, inclusive, balanced and inclusive global IP system. In addition, issues such as global economic recovery, technological innovation and sustainable development in the post-epidemic era also provide a broader space for cooperation between the two sides.

Chen Yusong, Second-level Inspector of the Department of Treaty and Law of the Ministry of Commerce (MOFCOM), said that currently, intellectual property rights have become an important part of more and more multilateral economic and trade agreements, and bilateral agreements closely related to intellectual property rights, such as the China-EU Geographical Indications Agreement and the first phase of the China-US Economic and Trade Agreement, have been signed one after another. He said that although China's legislation in the field of IPR is relatively sound, public awareness of IPR is yet to be improved. The Ministry of Commerce is willing to further strengthen exchanges and cooperation with WIPO and the WOC, and hopes that the WOC can better play the role of a bridge in the future to channel international IP developments to China on the one hand, and share China's excellent practices to the world on the other.

Xing Huaibin, Deputy Director General, Department of Strategy and Planning of the Ministry of Science and Technology (MOST), believes that WIPO's "Five Golden Keys to Knowledge Assets" to promote global knowledge sharing complements the concept of "a community with a shared future for mankind" advocated by China. He pointed out that the global Innovation Index (GII) released by WIPO is of great reference value to the work of the MOST, and the two sides can take this opportunity to further strengthen exchanges and cooperation.

Chen Linhao, Deputy Director General of the Department of International Cooperation of the Ministry of Science and Technology (MOST), said that the MOST and WIPO have maintained close ties and cooperation for a long time. Successive ministers of the MOST have met with the Director Generals of WIPO many times, and the Memorandum of Understanding on Cooperation between two sides signed in 2018 and renewed in 2020. In addition to exchanges concerning the Global innovation Index, the MOST also hopes to strengthen cooperation with WIPO on TISC program to provide support for China's scientific and technological innovation. The MOST is willing to further strengthen personnel exchanges and facilitate a meeting between the Minister of the MOST and the new Director General of WIPO as early as possible.

Wang Heyun, Deputy Director General of the Department of Policies and Regulations of the Ministry of Culture and Tourism (MCT), said that the intellectual property business under the responsibility of the MCT is mainly focused on the cultural industry. The Law on the Promotion of Cultural Industries, which the Department of Policies and Regulations has participated in drafting, is now open for public consultation, and the draft specifies the protection of intellectual property rights. In addition, the entry into force of the Beijing Treaty on Audiovisual Performances and the revision of the Chinese Copyright Law are also very encouraging. However, there are still some shortcomings in the construction of the IPR system for the cultural industry that need to be improved, and the MCT hopes to strengthen communication and cooperation with WIPO in this regard.

Zheng Wen, Second-level Inspector of the International Cooperation and Exchanges Bureau of the Ministry of Culture and Tourism (MCT), pointed out that in recent years, the level of intellectual property protection in China is improving rapidly, and the cultural industry is also benefiting from this continuous development. The International Bureau of the MCT is committed to sharing Chinese culture with the world, and hopes to take IPR as an entry point and cooperate with WIPO and WOC to promote cultural exchanges between China and the international community.

Li Wei, Deputy Inspector of the Legal Affairs Department of China Council for the Promotion of International Trade (CCPIT), said that CCPIT, as an observer of WIPO, participated in the WIPO General Assembly in 2019 and will actively continue its participate in WIPO activities in the future. CCPIT serves both the government and the enterprises and is willing to assist WIPO in its publicity and promotion of intellectual property in China. It looks forward to signing a memorandum of understanding on cooperation with WIPO as soon as possible.

Zhang Ling, Deputy Director of the International Cooperation Department of the National Intellectual Property Administration of China (CNIPA), said that the CNIPA is one of the government departments that have the closest cooperation with WIPO in China. She believes that the strategic layout proposed by the new Director General of WIPO coincides with the direction of China's IPR development, which opens up new areas for further cooperation between the two sides. CNIPA will continue to push forward the process of China's accession to the Hague Agreement, so that China can integrate into the world design protection system more quickly and smoothly, and facilitates access to design protection for Chinese enterprises in need. It also hopes to strengthen cooperation with WIPO and WOC on WIPO's alternative dispute resolution mechanism and WIPO PROOF.

Dong Xiaolu, Director, Science and Technology Department of the Ministry of Industry and Information Technology (MIIT), said that the Science and Technology Department of MIIT is in charge of intellectual property work in the field of industry and information technology, and has cooperated well with WIPO for many years. At present, MIIT and WIPO are working on a memorandum of understanding on cooperation, which is expected to be signed this year. MIIT hopes to cooperate with WIPO to conduct cross-industry IP research, such as IP protection issues in the field of artificial intelligence, and to work with WIPO in raising awareness of IP protection for SMEs. 

All the participants put forward specific suggestions on how to strengthen the exchanges and cooperation with WIPO, and expressed their appreciation to WOC for holding the Roundtable, as they thought that the Roundtable provided a very good exchange platform for everyone, which not only further enhanced understand of WIPO and its service system and strategic development direction, but also further promoted the in-depth exchanges and cooperation between WIPO and various IP related government departments in China.