Consensus and divergence between China and the United States on IPR

Several days ago, the spokesman of China's Ministry of Commerce (MOC) Shen Danyang introduced China's commercial and cultural trade development at a routine press conference.

From 17th to 21st October, MOC in collaboration with the Supreme People's Procuratorate and the Publicity Department of CPC Central Committee conducted a series of IP dissemination activities themed "Cooperation" in the United States.

Intellectual Property is the key subject between China and the United States in economic and trade development. Since 1980s, the two countries have already started communications in this aspect.

Since 2004, both sides have made efforts in advancing such communications by holding meetings regularly.

Recently, China has become U.S. third largest market of technology export. Meanwhile, the United States has more than 60 thousand investment projects in China.The two countries have both consensus and divergence in the aspect of intellectual property. China holds that both sides should attach great importance to the economic and trade development and advance the communications and cooperation in IP field, which is the key to solve IP problems of both countries.

Both sides should fully respect each other's economic development level, historical and cultural tradition and capability, seek balance among right owners, the public and economies of different levels of development, promote IP development in creation, protection, administration and utilization.

Both sides should actively exchange opinions in patent, trademarks and copyright, establish cooperative projects on IP development, and explore a protection standard benefiting both sides.

China has already established mechanisms on IP bilateral communications with a number of countries and regions including the United States, covering IP intensive industries such as music, films, high technology and the Internet. In the process of combating pirated software and investigating import and export cargos, it was found that domestic IPR owners are increasingly offended. An aid center for enterprises to protect their rights overseas was thus established by the ministry to provide information service, legal consulting, international communications and trainings to enterprises especially to small- and medium-sized enterprises, bring them in line with intellectual property laws of various countries in the world.

Furthermore, the center has established an operation procedure on overseas right protection to enhance enterprises' capacity in protecting their rights abroad. [Chinese version is available on caijing.com.cn]