Institute for Internet Policy & Law @ Beijing Normal University

4th CAREC Think Tanks Development Forum “Trading for Shared Prosperity” was held on 27-28 August 2019| Xi’an, Shaanxi and attracted over 100 participants from think tanks, academia, private sector, and government officials from CAREC countries.

Intra-regional trade is particularly significant today due to the growing trade conflicts among major trading partners. This situation not only threatens to dampen the prospects for global growth prospects; it also weakens the multilateral governance system that has underpinned trade relationships between and among countries over many years. Without question, trade is an overarching economic objective without which there can be no multiple positive consequences. The 4th CTTDF inter-alia identified and discussed the main challenges to trade within the region, among which are the economic implications of the burgeoning trade conflicts among the major global trading partners. An assessment of these tensions identified the necessary policy mechanisms for CAREC member countries to craft positive responses and avert negative consequences to the region.

Prof. Xue in her Speech “Policy Implications for CAREC Region in terms of taxation, licensing and regulations“ presented that the new technologies like IoT, big data, AI and blockchain enable CAREC countries to leapfrog in development of e-commerce and digital economy. Appropriate legal and regulatory system are essential for application of new technologies and release their great potential for economy and trade. New laws that provides enabling trade environment, facilities paperless trade and most importantly removes legal barriers will provide the essential legal recognition, support and endorsement for the success of digital economy. The speech was warmly welcomed by the officials and other participants from CAREC countries. Prof. Xue effectively responded to many questions from the audience.

Strengthening and deepening engagement with national stakeholders of CAREC member countries – i.e., think tanks, academia, civil society, and the private sector – is one of the driving principles of the CAREC 2030 Strategy. By serving as the secretariat to the CAREC Think Tanks Network (CTTN), CI fulfills this mandate through active knowledge exchange with regional think tanks, of which CI is also a member. The CTTN organizes the CAREC Think Tanks Development Forum (CTTDF) annually. From its modest beginning in 2016, the CTTDF has grown in size, visibility, and appeal. Now into its fourth year, the forum has become an attractive destination for regional think tanks, universities and researchers to exchange views and knowledge on evolving regional and global policy challenges.

2019 Asia Pacific Regional Internet Governance Forum (APrIGF 2019) was held in Vladivostok, Russia, from 16 to 19 July 2019. The overarching theme for the event was ‘Enabling a Safe, Secure and Universal Internet for All in Asia Pacific’, with the sub-themes being: Safe Internet, Cyber-security & Regulation; Access & Universality; Emerging Technologies & Society; Evolving Role of Internet Governance & Multi-stakeholder Participation; and Digital Economy.

Prof. Xue gave a keynote speech at the Capacity Building Day on July 16 and talked about “Consumer Protection in E-commerce”, which as hailed by all the young fellows and other participants as very inspiring and forward-looking. Prof. Xue answered many questions and comments regarding data protection, consumer rights and other Internet legal issues. 

Prof. Xue was invited to be an expert panelist at the Workshop “A roadmap for studying ICT laws and building a database for Asia” organized by Association for Progressive Communications (APC) on July 18 and talked about the importance of building a people-centered and right-based legal framework for cyberspace. The session addresses the sub-theme on Safer Internet, Cyber-security and Regulation Online. It aims to encourage discussion on the growing number of policies, regulations and laws in Asian countries that seek to monitor and regulate the internet and the impact of these legislation on information and privacy among others. Of key importance is also our intended discussion on how we can build alliances with civil society, academia, journalists, the technical community and lawyers in order to create a multidisciplinary approach to challenge these laws where necessary, through creating awareness, bridging gaps in our understanding of these laws, not just among the various actors but also among a wider audience, and providing support to strategic litigation in different countries, with the ultimate aim of pushing for a regulatory framework that enables a more open, safe and secure internet.

Prof. Xue also actively took part in the discussion for the Synthesis Document

, which aims to document items of common interest relevant to Internet governance in the Asia Pacific region and has developed into one of the highlight innovations of the APrIGF and inspired other national and regional initiatives to develop their own processes.

The World Trade Organization invited Prof. Xue to give two keynote speeches at the 16th Colloquium for Teachers of Intellectual Property in Geneva.  The two-week colloquium for teachers of intellectual property (IP), jointly organized by the WTO and the World Intellectual Property Organization (WIPO), opened in Geneva on 17 June 2019. The event aims at helping teachers from developing countries and economies in transition to become more aware of the Geneva institutions, negotiations and other activities concerning intellectual property law and policy and to strengthen their countries’ independent research, policy analysis and teaching. Xiaozhun Yi and Mario Matus, Deputy Directors-General at the WTO and WIPO, opened the two-week course at WIPO headquarters. They highlighted the importance of this event, which brings together 29 IP scholars and teachers with a strong background in IP and responds to the growing demand for enhanced awareness of IP issues.

The programme included a wide range of IP policy and legal issues, such as IP and public health, IP and e-commerce, IP and biotechnology, IP and artificial intelligence, and IP and blockchain. More than 40 experts from WIPO, the WTO, partner intergovernmental organizations, non-governmental organizations and various fields of industry addressed participants to keep them up to date with the key issues and challenges confronting IP law and policy. Prof. Xue presented on “IPR Issues in the Digital Economy” and “Copyright Issues in E-commerce” on June 17 and 18 respectively. The keynotes were warmly welcomed by all participants. Prof. Xue responded to all the questions with great enthusiasm.

Participants were provided with an update on the activities and instruments of WIPO and the WTO, focusing on policy issues under negotiation or discussion in the two organizations, and placing these issues in their wider legal and policy contexts. The colloquium strengthened the capacity of universities to develop national expertise in IP, thereby building their capacity to provide policy support for current negotiations or discussions in WIPO and the WTO.

Prof. Xue was also invited the WTO Intellectual Property Department to provide a presentation at the “IP & TRADE POLICY TODAY” SEMINAR SERIES on June 20 in the WTO Room A. The Seminar series are s a series of informal conversations about the interaction between intellectual property and international trade in today’s global economy. Prof. Xue’s topic is “Intermediary Liability in the Platform Economy: A Key Issue for Intellectual Property Law Regimes”. Prof. Xue addressed that the operators of platform economy provide tens of millions of parties with virtual business premises and with deal-making, information dissemination and other related services, and enable them to independently engage in transactions. The operator plays a vital role in intellectual property protection. Online intermediary liability is the concept of holding online platform operators responsible for illegal or harmful acts of Internet users. An appropriate liability regime for platform operators should recognize the importance of keeping a balanced approach between IP right holders and business operators. The platform operator should be incentivized to cooperate with IP right holders to deter the unauthorized storage and transmission of IP-protected materials. Meanwhile, IP right holders should be granted effective enforcement procedures against infringement. While legal remedies are available for right holders to address such infringement, platform operators should be eligible for appropriate safe harbors in respect of online services which they do not control or initiate and that take place through the system or network controlled or operated by them or on their behalf.

The Seminar was held during the WTO E-commerce Negotiation period and attracted the official delegates from more than fifty countries from Asia, Europe, Latin America and Africa to take part. The Head of IPD and other officials gave very high remarks to the insightful and innovative presentation, which was followed with the interesting and fruitful interactions with the delegates and IPD officials.

IP TRADE POLICY TODAY – Prof. Dr. Hong XUE

         2019中国电子商务大会电商法论坛于2019年5月29日下午在北京国家会议中心举办，论坛邀请政府相关主管部门、《电子商务法》立法专家、电商企业代表出席，深入解读探讨，共促行业规范发展。商务部电子商务和信息化司副司长蔡裕东、北京市商务局副巡视员王洪存出席论坛并致辞。论坛由商务部电子商务专家咨询委成员、亿邦动力董事长兼CEO郑敏主持。

2018年8月31日，第十三届全国人民代表大会常务委员会第五次会议通过了《中华人民共和国电子商务法》（以下简称《电子商务法》），2019年1月1日正式实施。作为我国首部电子商务领域综合性法律，《电子商务法》的出台标志着中国电子商务进入历史发展新阶段。

《电子商务法》起草专家北京师范大学教授薛虹，从《电子商务法》电子商务知识产权保护制度的新发展等角度深入解读。国家市场监管总局网监司副司长韦犁、中国消费者协会副秘书长董祝礼、苏宁易购集团法务总监吴振兴，分别作为政府主管部门、行业组织、电商企业代表发表主题演讲。为推动《电子商务法》落地实施、加强消费者维权意识、促进企业落地实践提供参考。

会上，商务部电子商务司发起电子商务绿色发展倡议，号召各电子商务企业戮力同心、不懈努力，积极探索电子商务绿色发展道路。商务部电子商务司蔡裕东副司长与首批响应倡议的阿里巴巴、京东、苏宁易购，唯品会，美团点评、饿了么、小米，三只松鼠等企业代表一齐启动发布装置，宣示共同促进电子商务绿色发展。

2019中国电子商务大会由商务部、北京市人民政府主办，商务部电子商务和信息化司、北京市商务局承办。大会以“数据驱动 开放融合”为主题，邀请国内外政府主管部门和行业组织、企业领袖、权威专家汇聚一堂，围绕中国电子商务发展趋势、“丝路电商”国际合作、《电子商务法》、电商扶贫、跨境电商、数字化零售、电商诚信等热点主题展开探讨，共议全球电子商务发展前景。薛教授对于本次会议的贡献，商务部特别发出感谢信，以兹鼓励。

2019年5月25日至26日，知识产权模拟法庭大赛在北京外国语大学日本研究中心举行，系由最高人民法院、国家知识产权局与北京外国语大学共同举办的国际性知识产权英文模拟法庭竞赛，目的是为了展示我国知识产权法律发展所取得的成果，促进中外知识产权法律界的交流，推动我国知识产权制度与实践的国际化。

北京师范大学代表队从参赛的美国托雷多大学、我国台湾地区东吴大学、中国政法大学、中南财经政法大学、华东政法大学、北京理工大学、北京师范大学、外交学院、复旦大学、长春理工大学、北京外国语大学等众多团队中脱颖而出，表现优异，获得优秀奖。

法学院薛虹老师接受学院学生会的委托，担任北京师范大学代表队指导教练，付出大量时间辛勤指导每个队员提高英文口头表达水平、磨炼英文辩论技巧，多次组织校内模拟训练、对抗训练，总结分析案例的要点与主要法律观点。经过艰苦训练两个多月，法学院本科生林心怡、王冬玉、杨晶仪、赵梓惟四位队员获得优异成绩，得到各方的普通赞誉。法学院法律硕士代天宇、臧珍国同学也在训练中努力协助，为本科生队员的成绩取得作出贡献。

本次比赛围绕“被诉侵权产品是否构成专利侵权”的核心议题，在专利权法领域讨论了等同侵权的判定原则、禁止反悔原则的适用条件等问题，结合案情锻炼参赛队员的法律条文和原则的运用能力。队员们需要对所涉技术特征进行比对，陈述和辩论的难度都大大超过以往。

本次比赛成绩的取得得益于北京师范大学对于模拟法庭和学科竞赛等实践教学模式的重视，得益于薛虹老师在理论与实务上的悉心指导与法学院本科生英语功底。今后学校将一如既往地重点支持传统优势竞赛项目，并力争在更多竞赛项目中取得好成绩