Archive for Intellectual Property

Prof. Xue presented at the WTO Colloquium and Expert Seminar

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.


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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。

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Prof. Xue Lectured at Cambridge CIPIL

Prof. Xue was invited by the Center of Intellectual Property and Information Law of Cambridge Law Faculty to lecture to the faculties and graduate students on January 16-21, 2019. Prof. Xue Lectured on “Copyright on E-commerce Platforms: An Insight Preview of the Chinese New Law”. Chinese E-Commerce Law, effective from 1 January 2019, impacts all the stakeholders in the business. This comprehensive Law revamps the copyright system applicable to e-commerce platforms by redefining their roles, responsibility and liability. E-commerce platforms are one of the powerful infrastructures that enable Chinese global business development. The Law’s extra-territoriality may not be overlooked. How would this new system affect the interests of the parties involved? Would it facilitate a balanced copyright system through multi-stakeholder interaction? Is the platform governance relevant to the copyright liability and law enforcement? Prof. Xue explored all these questions and exchanged the views and opinions with the faculties and students. Prof. Xue also answered a couple of questions raised by the audience. All were highly interested in the Chinese new Law and looked forward to knowing more from Prof. Xue.

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中国电子商务法颁布 薛虹教授接受专访 Prof. Xue @ Media Interview on the China’s New E-Commerce Law

Chinese Electronic Commerce Law, after four official reviews at the Congress and several rounds of public consultation, was finally approved the the National People’s Congress (NPC) Standing Committee on August 31, 2018. Prof. Xue, as leading expert on the Expert Lawmaking Panel appointed by the NPC , took part all through the 5-year intensive research, investigation, drafting and annotation process . The Law that is creative, comprehensive and forward-looking in various areas will be effective as of January 1, 2019. The Law. It addresses a series of new legal issues that had never been regulated in any other laws, home and abroad.




“促进发展,规范秩序,保护权益”是《电子商务法》的宗旨。薛教授认为,“最终体现了各方利益的平衡。” 在各个利益方的博弈下,妥协是难免的。但法律最终呈现出来的效果,还是比较令人满意的










在薛虹看来, “在任何的法律、行政法规中规定有连带责任的,那就是适用连带责任;如果没有专门特别的规定,那就是用补充责任。” 相对于补充责任来说,当前规定使平台承担了更多的责任。“相应的责任”也就意味着,在食品、药品等重点领域,如果相应领域的法律条文以连带责任对平台进行要求,那么就适用连带责任。而非以补充责任涵盖所有的领域。




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Alibaba Intellectual Property Academy Founding Public Lecture Successfully Organized for BNU International Students

Alibaba Intellectual Property Academy

Founding Public Lecture

Alibaba Green-Land Center23 May 2018, 13:30-16:00

Organizer: Alibaba Intellectual Property Academy

Co-organizerBeijing Normal University Institute for Internet Policy & Law

Chairman: Felix Fan Senior Specialist of Legal Affairs Department, Alibaba Group

Around 20 international students from Beijing Normal University Law School joined the Public Lecture given by Mr. Jungong Sun, Vice-President of Alibaba Group and President of Alibaba IP Academy, and Mr. Junwei Fan, Alibaba Senior Expert on Legal Affairs. The LLM in Chinese Law students and visiting or exchange students from Tanzania, Togo, Laos, Iran, Greece and China deeply appreciated the opportunity to visit the Alibaba campus and enjoyed the informative lectures. Prof. Hong Xue organized the whole event and provided the accurate and insightful English-Chinese interpretation for the students and Alibaba officers at the Q&A session.


13:30-14:00 Registration at VIP exhibition area on the Second floor

14:00-14:10 Viewing Alibaba Introductory Video

14:10-14:20 Keynote Speech

Mr. SUN Jungong, Vice-President of Alibaba Group

14:20-14:40  Eternal Changing: Configuration of New Rules for Protection of Intellectual Property in Cross—border Environment

Mr. SUN Jungong, Vice-President of Alibaba Group

14:40-15:00 Introduction on intellectual property protection in Alibaba Group

Mr. Felix Fan, Senior Legal Counsel of Legal Affairs Department

15:00-15:15 Tea break

15:15-15:35 Question & Answer

15:35-15:50 Keynote Speech

Professor Lu Jianpingthe Dean of Law School, Beijing Normal University

15:50-16:00 Closing remarks

Mr. SUN Jungong, Vice-President of Alibaba Group

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