Archive for Intellectual Property

Professor Xue Gave the Keynote Speech at 2015 Global Congress on IP & the Public Interest

The Fourth Global Congress on Intellectual Property and the Public Interest took place on December 15-17, 2015 at National Law University, Delhi, India.

The Global Congress was co-hosted by The Centre for Internet& Society, National Law University Delhi, Open African Innovation Research, CREATe, The American Assembly, Columbia University and American University. And it was co-sponsored by OSF, IDRC, and Centre for WTO Studies.

The theme for the 2015 Congress is “Three Decades of Openness; Two Decades of TRIPS”, which juxtaposed the beginnings of an aspect of a culture of Openness with that of the establishment of minimum standards of intellectual property protection and the carving of limitations and exceptions within these standards.

The2015 Congress opened with Plenary Sessions featuring keynote addresses delivered by persons of eminence across disciplines, before having participants break out into theme-specific rooms for presentations, workshops and panel discussions. The keynote speakers were Professor Ranbir Singh, Vice Chancellor of the National Law University (NLU) in Delhi, where the conference was taking place. This was followed by Keynotes from eminent scholars, activists and negotiators – Mr. Sean Flynn (US), Prof. Michael Geist (Canada), Mr. Zakir Thomas (India), Prof. Hong Xue (China Beijing Normal University IIPL Director), Mr. G.R. Raghavender (India) and Prof. Nagla Rizk (Egypt), who all set the scene from the historic to the contemporary context.

Prof. Xue presented on “Rethinking Internet Intermediaries in the International eTrade”, in which she eloquently pointed out that the emerging pervasive cross-border e-commerce has brought up the salient challenges to the current international intellectual property regime, especially customs measures for intellectual property enforcement for international goods trade. The aggregation effect of the traditional de minimis in the international e-trade threatens the customs enforcement that is only suitable for large scale commercial consignments. The blurring line between B2B and B2C in the cross-border e-commerce calls for new information access, enforcement measures and assistance from the critical stakeholders, i.e. Internet Intermediaries or platform services. Prof. Xue emphasized that a 3rd dimension (on platform governance) be recognized and reviewed in the law to enable an updated, effective and balanced IP enforcement for the globalized eTrade. Prof. Xue’s presentation was warmly hailed as one of the most impressive and thoughtful researches unveiled at the 2015 Global Congress.

After the focused keynote speakers and plenary sessions, the 2015 Global Congress carried out discussions through 4 parallel “tracks”, in the fields of “Openness”, “Access to Medicines”, “User Rights”, and “IP & Development”.

 The Global Congress began in Washington DC in 2011, moved to Rio de Janeiro in 2012, and was held in Cape Town in 2013. This year’s Congress featured an additional “Room of Scholars”. “The Room of Scholars” had been conceptualized as that cross­cutting space, not restricted to a particular track but as running along side them. The “Room of Scholars” became an opportunity for the presentation of longer, more detailed academic research papers on the theme of the Congress.

The Global Congress on Intellectual Property and the Public Interest has become the most significant event on the calendar for scholars and policy advocates working on intellectual property from a public interest perspective. The Global Congress supports the formation of strong networks and the dissemination of research and strategies among academics and practitioners, with the aim of empowering them to respond to law reform and enforcement proposals that threaten access and innovation, and to put forward a positive agenda for policy reform.

Specifically, the 2015 Congress sought to produce three outcomes- first, the mobilization of existing scholarly research directly into the hands of civil society advocates, business leaders and policy makers, leading to evidence-based policies and practices; second, the collaborative identification of urgent, global and local research priorities and generation of a joint research/advocacy agenda; and third, the solidification of an inter-disciplinary, cross-sector and global networked community of experts and practitioners focused on public interest aspects of IP policy and practice. The event attended by over 400 scholars, advocates, policy-makers and practitioners, was the biggest global gathering of public interest folk specialized in intellectual property issues in 2015. The 2015 Congress is expected to achieve all three goals it set for itself.

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一、目标 与使命








1. Legal Issues in Cross-Border E-Transactions (跨境电子交易法律问题)

2. Legal Issues in Cross-Border Data flow (跨境数据流通的法律问题)

3. Dispute Resolution For Cross-Border E-Commerce(跨境电子商务的争议解决)

4. Internet Governance in E-Commerce (电子商务中的互联网治理问题)

5. Intellectual Property Issues in Cross-Border E-Commerce(跨境电子商务的知识产权法律问题)

6. Governmental Regulation on Cross-Border E-Commerce (跨境电子商务的监管法)




联合国国际贸易法委员会秘书长Renaud Sorieul先生、北京师范大学陈光巨副校长任国际专家顾问委员会联席主席。
Dr. Luca Castellani, Secretary of UNCITRAL Working Group IV (Electronic Commerce) & Co-Director of Joint Certificate Program

Mr. Joao Ribeiro, Head, UNCITRAL RCAP

Prof. Guisella Finocchiaro, Professor of Internet Law and of Private Comparative Law at the University of Bologna, Italy; Chair of UNCITRAL E-Commerce Working Group





[1] 本项目获得了使用联合国标志的专门授权。

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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 <>.




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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.


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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