Archive for Intellectual Property


Beijing Normal University Global Development Strategic Partnership Project

外国专家讲座 第五讲

Foreign Expert Virtual Lecture Series Lecture 5

Gauging Patent Impacts on Post-Pandemic World Trade

In Memory of 2022 UNCITRAL Asia and the Pacific Day

日期:2022年11月21,UTC +8:00 18:00-21:00

Zoom Virtual Conference System

主持人: Prof. Hong Xue, Beijing Normal University

主讲人: Madam Wu Xiaoping,Counselor in the Intellectual Property, Government Procurement and Competition Division of the World Trade Organization

Topic: Innovation and Patenting Activities of COVID-19 Vaccines in WTO Members: Analytical Review of Medicines Patent Pool (MPP) COVID-19 Vaccines Patent Landscape (VaxPaL)

At the beginning, Prof. Xue introduced the close collaboration with the United Nations Commission on International Trade Law (UNCITRAL), which was established under the United Nations General Assembly Resolution 2205 (XXI) of 17 December 1966 and has been the core legal body of the United Nations system in the field of international trade law. The UNCITRAL Regional Centre for Asia and the Pacific (RCAP) launched from 2014 the UNCITRAL Asia Pacific Day (AP Day) academic series to promote awareness of international trade standards and norms, particularly those endorsed by UNCITRAL, among law students. The UNCITRAL Asia Pacific Day is an annual flagship academic series. In 2021, an initial 34 universities and institutions across the Asia-Pacific region in 13 jurisdictions have joined the annual celebration by co-hosting a series of academic events with UNCITRAL RCAP.

2022 marks a very special occasion as RCAP celebrates its 10th anniversary. The main theme of the UNCITRAL Asia Pacific Day 2022 is “RCAP@10: The Next 10 Years of Legal Harmonization in the Region”. Prof. Xue elaborated that world trade, including IP trade, is being affected the COVID-19 pandemic. Vaccination is the most powerful tool to safeguard public health and trade environment.

Mrs. Wu was invited as an IP expert and giving the Lecture in her personal capacity for educational purpose only. Mrs. Xiaoping Wu is Counsellor in the Intellectual Property, Government Procurement and Competition Division of the World Trade Organization (WTO) from 2006. She undertakes work in the area of the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement), with a focus on patent-related policy issues and review of WTO Members’ national intellectual property legislation. She also takes part in WTO technical assistance and capacity building programs on intellectual property and TRIPS to developing counties.

Mrs. Wu presented a WTO on-going research project to analyze and review COVID-19 vaccine patent landscape. The research provides a statistical analysis of 74 patent families which cover subject matter relevant to ten COVID-19 vaccines. These vaccines have accounted for 99% of the global COVID-19 vaccine production as of 31 December 2021, comprising over ten billion doses. Eight of them have been approved by the World Health Organization (WHO) for inclusion in its Emergency Use Listing (EUL). The analysis is based on a COVID-19 vaccines patent database developed by the Medicines Patent Pool (MPP). Through the detailed examination of patent applicants, filing dates, and offices of first and subsequent filing, the paper identifies patterns and trends of innovation and patenting activities of COVID-19 vaccines in WTO Members, and presents the legal status of the 74 patent families in 105 jurisdictions. The research provides the useful background information for policymakers on the significance and potential impact of these patent families with relevance to the access to and production of these vaccines in their individual countries. The research aims to support evidence-based assessments regarding potential options within and beyond the current TRIPS framework to promote equitable access to COVID-19 vaccines.

More than 20 BNU LLM, JM and PhD students from China, France, Italy, Russia, Congo and Uganda joined the Virtual Lecture and raised many questions to the Lecturers. The officers from UNCITRAL and RCAP also joined the Lecture virtually from Vienna and Incheon. The Lecture that enriched the participants’ understanding on the COVID-19 vaccine patent global distribution and legal impacts hailed as huge success.





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Prof. Xue’s keynote at ADNDRC @ 20

On 3 November 2022, Asia Domain Name Dispute Resolution Center (ADNDRC), along with China International Economic and Trade Arbitration Commission, organized the Webninar “ADNDRC @ 20: DNDR in the Digital Economy”. HKIAC, ICANN and CNNIC, etc. were the supporting organizations.

Prof. Xue gave a keynote speech on Rejuvenation of ADR in Digital Economy. She raised that ADR should be reinterpreted from the original meaning, making it Artificial Intelligence (AI) assisted smart dispute resolution to fit the need of digital economy. In her keynote speech, Prof. Xue said the ADR coverage and scope of proceedings have been augmented in the new laws like EU DSM Directive or Digital Service Act, automated procedural management will entirely replace human to create more efficient proceedings, and autonomous discovery could be widely adopted to assist the adjudicator to make more precise and solid decisions. In Prof. Xue’s belief, the AI-enabled, augmented and automated disputed resolution would become the mainstream dispute resolution in digital economy. More than 530,000 audience from 41 countries watched the Webinar.



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Prof. Xue’s New Publication

Reforming Intellectual Property brings together 19 of the world’s leading scholars in the field to offer their unique insight into the future of intellectual property. Providing a diverse array of perspectives on the most pressing reforms needed in the current IP regime, whether in terms of legislation at national and international levels, or interpretation of existing law, this exceptional book highlights the key issues in this area and sets out an agenda for future research and policy. Prof. Xue’s wrote the Chapter on “Copyright on digital platforms: shifting paradigms” and explored the new trends of copyright protection measures with the evolution of digital economy.

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最后,我想回应一下关于知网的未来。方案一,修改著作权法,给知网类的使用增加一项法定许可。要这样的话,有了法定许可,不需要征得著作权人的同意。但是问题是,法律不溯及既往,并不能解决知网在先的著作权人侵权问题。方案二,知网成为依法按照公务性使用作品的国家机构,属于合理使用。但恐怕会在权利类型当中产生不均衡。因为对文字作品实行了大量国有化征收,其他类型的作品为什么没有遭受这样的待遇呢?方案三,期刊论文的开放许可或开放访问(Open Access)我非常赞同,我也认为这是一个前途,是一个未来的发展方向。但是请注意,开放许可的前提是著作权人自愿。只有著作权人自愿放弃全部或一部分权利(复制发行网络传播),才有实行的可能。为了公众公共利益,很多著作权人愿意奉献其作品,但问题是为什么要把自己的作品奉献给知网呢?它的名声存疑。我们愿意把它奉献给国家一个正式的机构、一个项目,或者至少许可真正国家的非营利的项目来使用。奉献给知网,不知多少作者会同意?上述三个方案实施难度都非常大。而且,知网改革的前提是先清算其应负的法律责任。我认为,知网身的存在就是一个问题,它的改造与未来,恐怕需要国家慎重的评估与处理。

总之,知网遭受反垄断调查仅仅是冰山一角,反垄断解决不了它建立在著作权侵权基础上的整个商业模式本身存在的巨大问题。知网未经著作权人许可,以盈利为目的,长时间、超大规模复制发行网络传播文字作品,违法所得数额巨大且有其他严重情节,很可能涉嫌侵犯著作权犯罪。知网(全称China National Know Infrastructure)如真正有意为中国学术的数字化作出贡献,就应当依法经营,名副其实履行国家知识信息基础设施的义务与责任。

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Prof. Xue Joined the Professional Discussions at ADNDRC Practice Development Workshop

ADNDRC provides comprehensive online dispute resolution services for resolving domain name disputes including those arising out of gTLDs, new gTLDs and certain ccTLDs. It has been a dispute resolution service provider accredited by the Internet Corporation for Assigned Names and Numbers (ICANN) since 2002 and provides services under the Uniform Dispute Resolution Policy (UDRP). Based on two decades of experience, the ADNDRC Pratice Development Workshop on April 26-27, 2022 aimed to provide best practice guidelines, tips on addressing procedural issues and the latest case updates relating to complex domain name dispute resolution decisions. It was an opportunity for the ADNDRC’s panelist to engage with the ADNDRC team.

As one of the founding ADNDRC Panelist since 2002, Prof. Xue was invited to join the Workshop and discussed the various practical issues with the colleagues from Asia, Pacific, Europe, North America and Latin America. Prof. Xue especially addressed the uniqueness of the CNDRP in the framework of domain name dispute resolution system.

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