Archive for Intellectual Property

Workshop on China-India Joint Research Project on Intellectual Property in Mobile Internet

The workshop on IPRs in mobile internet, on 18th July 2014, was hosted by the Institute for Internet Policy& Law of BNU. Professor Xue Hong, Director of the BNU Institute for Internet Policy& Law, moderated the event and Professor Jorge Contreras from Washington Law School of America University, Sunil Abraham, Director of India Center of Internet and Society (CIS), Nehaa Chaudhari, the Senior Researcher of CIS, and the other researchers joined the workshop in person or remotely and gave the presentations.

Prof. Xue gave an overview of the research project and introduced the the member and status of the Chinese team. The project on mobile internet addresses the rights, obligation, and liability of the stakeholders involved in the mobile Internet, including the software/ hardware providers and right holders, and attempt to improve intellectual property norms on mobile Internet.

Two Chinese team members presented their preliminary research respectively. Mr. Leo Liu, Attorney and Patent Agent at Beijing L&S Intellectual Property Law Firm, briefed the patent disputes and recent lawsuits regarding mobile Internet. Mr. Handong Wen, PhD student of BNU Law School, briefed copyright protection on mobile internet. Ms. Nehaa made the comments on the presentations.

The Chinese team discussed the implementation timelines, work methodology and regular communications with their India peers. Both Parties were pleased with the consensus and progress made so far and committed to purse the research in close collaboration.

For the report in Chinese, please visit <http://www.bnulaw.com/cn/detail.asp?ProductID=39480&CategoryID=607>.

 

 

 

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2nd Asia Pacific Internet Leadership Project Held Successfully in Beijing

The Second Asia Pacific Internet Leadership Project (APILP), on 12 March 2014 in Beijing, was hailed by the Chinese domain name industry. Since the first APILP succeeded in Beijing 3 years ago, there have always been strong calls for the resurrection of this unique and innovative capacity building project on Internet Governance from both local and AP regional Internet community. The 2nd APILP is a Pilot before the Official Relaunch in Singapore.

Beijing Pilot acquired very strong community support. It was supported, especially, by ICANN Asia-Pacific Hub,  Asia Domain Names Dispute Resultion Center (ADNDRC),  Chinese International Economic and Trade Arbitration Commission (CIETAC) and China Trademark Association, all of which sent the officers to give keynote speeches at the event. As a free and open event, it attracted more than 60 participants from new gTLD applicants, registrars, ccTLD and electronic commerce businesses. Beijing Normal University Institute for Internet Policy & Law (IIPL) and Internet Domain Name System Beijing Engineering Research Center (ZDNS) sponsored the program by providing in-kind donations for meeting room, facilitates, conference materials and participants’ work lunch.

Beijing Pilot featured the theme of “New gTLD Policy & Law” and had 3 theme fora on “Right Protection Measures”, “Dispute Resolution Services” and “Domain Name Registration Policies” respectively. The whole program tremendously interested the Chinese domain name industry. It is worth noting that there has been academic and civil society participation in ICANN through either At Large and NCUC for some years but there has no Chinese participants in the GNSO Commercial, Registry and Registrar stakeholders group, in which there are even hardly any active members from the AP developing world except for a few elites. These policy-making process is dominated almost entirely by US and European business interests, and has been run by essentially the same people almost since the beginning of ICANN.  It was raised at the event that Chinese new gTLD applicants, either Brand, community or open TLDs, would hardly be able to catch up with the policies constantly deriving from ICANN mytrix, albeit exert any influence in the policy development process. Capacity building for these new stakeholders are definitely needed. It is good that ICANN Singapore Hub takes APILP as a important vehicle for community services and regional strategy and sent Mr. Kuek, ICANN VP, to open the event in Beijing. More discussions will continue in Singapore at the Launch.

Prof. Xue, at her keynote speech, gave an overview of the various right program measures in new gTLD program and specifically analyzed Sunrise Registrations and Trademark Claims. Prof. Xue pointed out both the usage and limits of the ICANN-accredited Trademark Clearinghouse in design. Submission of trademark information into the Clearinghouse is a prerequisite for any sunrise registration application but does not suffice or guarantee any actual registration under a specific TLD. It is subject to each TLD registry to decide the registration conditions (on geographic, class of goods, trademark registration dates, etc.) and other eligible requirements. Many brand owners concerned that they received misleading information that their brands would get sunrise registration for sure once submitted to the Clearinghouse. The comments from the community only reaffirm the necessity for such capacity building program.

Agenda

09:00~09:30  Registration

09301040  Opening Ceremony

09:30~09:35  Introduction: Prof. Dr. Hong Xue, Director of BNU Institute for Internet Policy & Law

09:35~09:40  Welcoming Speech: Mr. Yu-Chuang Kuek, Vice-President, ICANN

09:40~09:45  Welcoming Speech: Dr. Wei Mao, Director General of ZDNS

09:45~09:50  Welcoming Speech: Mr. Dennis Cai, Secretary General, Asia Domain Names Dispute Resolution Center

9:50 -  10:30  Release of the New gTLDs Development Report 2014: Mr Xing Zhijie, Director of ZDNS

10301200 Forum OneTrademark Protection Measures and Related Services

10:30~10:50   Keynote Speech “3rd Revision of Chinese Trademark Law- key issues”: Ms. Xiao Yun, Deputy Secretary General, China Trademark Association

10:50 – 11:10  Keynote Speech “Online Dispute Resolution for Domain Name System”: Dr. Li Hu, Deputy Secretary General, China International Economic and Trade Arbitration Commission

11:10~11:30 Keynote Speech “Right Protection Measures in New gTLD Program”: Prof. Dr. Hong Xue, Director of BNU Institute for Internet Policy & Law

11:30~12:00 Discussion and Q&A

Panelists: Citic Group Management Information Department (.CITIC); Ching Chao, Zhongyu International

1200 Lunch sponsored by ZDNS

13301500 Forum Two: Dispute Resolution Services

13:30~14:00  Keynote Speech “URS and Other DRPs Services by ADNDRC”:   Mr. Dennis Cai, Secretary General, Asia Domain Names Dispute Resolution Center

14:00~15:00  Discussion and Q&A

Panelists: Prof. Dr. Hong Xue, Director of BNU Institute for Internet Policy & Law; Cui Xinmin, CIETAC

15001630 Forum Three: Domain Name Registration and Management Policies

15:00~15:30  Keynote Speech “Reshaping and Redefining Whois System”: Mr. Song Zheng, Director of ICANN Beijing Engagement Center

15:30~16:30  Discussion and Q&A

Panelists: Prof. Dr. Hong Xue, Director of BNU Institute for Internet Policy & Law; Yan Rui, CNNIC; Alan Tan, Zodiac; Walter Wu, Springboard

1630 – 16:40 Closing Remarks

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BNU Visit to Switzerland and Austria for International Exchange and Cooperation

Prof. Xue, Director of IIPL, along with the Director of BNU International Office and Associate Dean of Law School, paid the official visit to the World Intellectual Property Organization, Zurich University Law School, Graz University Law School and United Nations Commission on International Trade Law respectively over June 3-7, 2013. BNU visitors had very constructive and fruitful discussions with their counterparts in both the UN Agencies and the University on the potential collaborative academic projects. One of the immediate accomplishments is the upcoming conclusion of the BNU-UNCITRAL Certificate Program on Domestic and International E-Commerce Law. The photos below partially reveal the hard works in Europe.

Meeting at Zurich Law School

 

Meeting with Graz Law School team

 Meeting with Mr. Renaund Sorieul, Secretariat, UNCITRAL

. Xiumei Wang with Ms. Hang Gao, Director, WIPO

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知识产权与技术创新国际研讨会 Intellectual Property & Technological Innovation

 

“知识产权与技术创新学术研讨会”成功举办

Research Conference on Intellectual Property & Technological Innovation

5月14日,由北京师范大学互联网政策与法律研究中心主办、北龙中网(KNET)、中域国际协办的“知识产权与技术创新学术研讨会”,在北京师范大学后主楼1824法学院学术报告厅成功举行。

来自最高人民法院、中华商标协会 、版权协会 、国家工商总局商标局、国家知识产权局、知识产权研究会、中国互联网络信息中心、国际经济贸易仲裁委员会、北龙中网、政务和公益机构域名注册管理中心、中域国际、中国版权杂志等机构30余位代表,以及来自美利坚大学华盛顿法学院的教授及来自华盛顿的版权技术专家代表参加了此次会议。法学院部分硕士和博士研究生也参加了会议并和与会专家学者进行了积极交流。

上午9点半会议正式开始,会议由北师大互联网政策与法律研究中心主任薛虹教授主持,会议主题为我国“域名系统的知识产权保护新发展”。首先,薛虹教授针对该问题发表了主题演讲,对我国域名系统现行的相关规定及存在问题进行了阐述,并提出了相关解决建议。随后,与会嘉宾对该议题进行了热烈的讨论和磋商,代表各界对该问题提出了看法和建议。与会的代表就网络时代和新通用顶级域名背景下商标权的保护措施和保护体系的构建达成了一致。

下午1点半,会议进行第二阶段。下午会议分为两个议题,第一阶段主要探讨了“开放模式的版权限制与例外”的问题。首先,美利坚大学华盛顿法学院教授发表了主题演演讲,介绍了版权限制和例外的历史发展及美国对该问题的现行法律规定。随后,与会嘉宾对此问题展开讨论。中国国家版权局着重强调了视障人版权权利的保护;版权协会中美司法制度在该问题上的区别进行了讨论,并对我国正在进行第三次修改的《著作权法》与嘉宾进行了意见交流;中国软件联盟代表则呼吁加大对中国软件用户利益的保护、法律制定要有利于产业的发展。第二个议题围绕“国际贸易协议中的知识产权问题”展开。Jonathan Band律师结合自己的工作背景就TPPA与知识产权发表了主题演讲,对国际贸易中互联网经济发展的必要环境因素以及相关版权平行进口等问题进行了阐述。在随后的讨论环节,中国软件联盟就电子商务中的税收问题与Jonathan Band先生进行了交流,版权协会则指出平行进口的合理依据需要进一步的进行探讨。

下午5点,会议圆满结束。此次会议,国内外实务界和学术界专家学者共聚一堂,共同对相关问题进行了深入而有意义的讨论,极大体现了各界对知识产权与技术创新问题的重视,通过研讨势必将促进我国域名系统、国际贸易中知识产权等相关问题研究的进一步发展。

本次会议获得了众多大型媒体的转载,附媒体及链接如下:

 

Intellectual Property & Technological Innovation

Organizer: BNU Internet Policy & Law (IIPL)

                                                                                                           May 14, 9:00-17:00

LawSchoolAuditorium, Room 1824, NewMainBuilding, Beijing Normal University

 DAY ONE MAY 14

9:00-9:30 Registration

9:30-12:00 Session One: Intellectual Property Measures in the new gTLD Program

Moderator: Prof. Dr. Hong Xue, Director of BNU IIPL

9:30-10:20 Keynote: Prof. Dr. Hong Xue, Director of BNU IIPL, “Towards a Chinese Community Trademark Clearinghouse”

10:20-11:20 Panel Discussion

Panelists:

(1) State IP Agencies

Justice Luo Dongchuan, Supreme People’s Court

Dr. Zhang Gang, Chinese Trademark Association

Mr. Ma Xiaogang, Chinese Copyright Society

Mr. Yao Zhiwei, Trademark Office of the State Administration of Industry and Commerce

Mr. Liu Lei, State Intellectual Property Office and Chinese Intellectual Property Research Council

(2) Dispute Resolution Provider

Mr. Li Hu, China International Economy and Trade Arbitration Commission

(3) Domain Name Industry

CNNIC

KNET

CONAC

Zhongyu International

11:20-12:00 Q&A

13:30-13:35 Introduction

 13:35-15:30 Session Two: Open Model of Copyright Flexibilities

Moderator: Prof. Dr. Hong Xue, Director of BNU IIPL

13:35-14:05 Keynote: Prof. Peter Jaszi, Washington College of Law, American University (interpretation by Prof. Hong Xue)

14:05-15:05 Panel Discussion

Panelists:

Ms. Yuhua Deng, National Copyright Administration of China

Dr. Dongchuan Luo, Supreme People’s Court of China

Ms. Yan Lin, Beijing Copyright Administration

Mr. Xiaogang Ma, Partner, Haotian Law Firm

Mr. Yan Sun, Partner, Tianyuan Law Firm

BNU Library (invited)

National Library (invited)

15:05-15:30 Q &A

 15:30-15:45 Coffee Break

 15:45-17:10 Session Three: IP Negotiation in “Trans-Pacific Partnership Agreement”

Moderator: Prof. Dr. Hong Xue, Director of BNU IIPL

15:45-16:15 Keynote: Mr. Jonathan Band, Librarian and technology copyright expert from Washington D.C. (interpretation by Prof. Hong Xue)

16:15-16:55 Panel Discussion Topics

Panelists:

Ms. Yuhua Deng, National Copyright Administration of China

Mr. Jianbin Hao, Ministry of Commerce

Ms. Yan Lin, Beijing Copyright Administration

Mr. Xiaogang Ma, Partner, Haotian Law Firm

16:55-17:10 Q &A

17:10-17:20 Closing Remarks

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Chinese Community Statement on Trademark Clearinghouse and IDN Variants

Chinese Community Statement on Trademark Clearinghouse and IDN Variants

 

Chinese At-large community unaminously agreed at the meeting on April 11, 2013 to submit the following statement to ICANN.

We are very disappointed at the implementation model outlined by “Trademark Clearinghouse: Rights Protection Mechanism Requirements” (hereafter “Requirements’) published on April 6, 2013. Particularly, the model completely overlooks the critical issues of IDN variants with respect to trademark clearinghouse (TMCH) and as a result would seriously impact the public interest in the pertinent user communities.

 

According to the Requirements, matching domain name labels will be generated for each Trademark Record in accordance with the Trademark Clearinghouse’s domain name matching rules.

 

The matching rules at the TMCH obviously, however, fail to take into account the trademarks in IDN scripts involving variants, although the variant issues had been raised by the language community experts at the Implementation Assistant Group (IAG).

 

Variant matching is actually critical for certain language communities. Take Chinese for example, a trademark holder may have registered a word-mark in simplified characters but it is unlikely to register the same word-mark in traditional characters and absolutely unthinkable to register in a mixed-up character setting. In this case, there will only be one trademark record generated in the TMCH. Since the new gTLD registries are obliged to offer sunrise services and trademark claims for the trademarks recorded in the TMCH, only that simplified word-mark will be eligible for sunrise registration and trademark claim services and leaves all other “variants” open for cybersquatting. Ruling out the un-registered word-mark variants would make TMCH completely useless to Chinese trademarks.

 

What is even more striking is that the Requirements specifically prohibits any registry from implementing variant or bundling rulesand allocating domain names under such variant or bundling rules prior to the conclusion of the Sunrise Period. Such restriction actually excludes any solution for IDN trademarks involving variants to be accommodated in the sunrise period at the TLD level, even though a registry is willing fix the variants through its registration management and at its own costs.

 

Trademarks have very important function of safeguarding public interests by identifying the source of goods or services. The malfunctioned TMCH design would cause serious public confusion and market chaos. The consequence will be even more serious regarding the trademarks in the fields of banking, insurance and other high-secure businesses. Although at-large community never supports over-extensive trademark measures, ICANN should treat all the trademarks equally, irrespective of the characters of the trademarks, and protect the users in all language communities from confusion equally.

If ICANN  is even willing to protect 50 “derivations” that are DIFFERENT from a trademark per se, why does it refuse to entertain the SAME trademark in variants. This is illogical by all means. On the other hand, all 50 derivations, if applied to a Chinese-character trademark, will all involve variant issues definitely.

At-Large community has made the statement on the Trademark Clearinghouse (TMCH) in September 2012, in which at-large community concerns that the design of TMCH model that uniformly applies to all the gTLD registries, irrespective of their difference, may not provide the tailored services that are really needed by the new gTLD registries. At-large community suggested that “more open and flexible model deserves further exploration.”

The Chinese Internet user community, dating back to October 2011, suggested that IDN-script trademarks involving variants should be taken into account in the TMCH services and ICANN consider adopting community-based solution to address this issue. Many other language communities shared the views of Chinese community.

 

Unfortunately, ICANN has been deaf to the user community’s feedback and inputs and moves steadily toward the centralized, inflexible and variants-unfriendly TMCH. At-large community, therefore, strongly suggests that ICANN support community-based TLD-bottom-up solution for TMCH implementation and address the IDN variant issue before TMCH provides the services to the new gTLD registries.

 

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