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, Fang.com 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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国际电子商务法联合认证项目全球首发!

追求卓越,协作共赢

北京师范大学—联合国国际贸易法委员会

联合认证项目[1]

国际电子商务法:理论与实践

一、目标 与使命

为了适应我国电子商务国际贸易的飞速发展,促进我国机构与企业了解电子商务的国际法及主要国家与地区的法律,更积极地参与有关国际律规则的发展进程,维护我国重要的经济利益,北京师范大学与联合国国际贸易法委员会合作,于2013年10月签署合作协议,建立了全球首个专门关于“国际电子商务法”的联合认证项目,由联合国国际贸易法委员会亚太中心、北京师范大学国际交流与合作处及法学院作为支持单位,联合国国际贸易法委员会电子商务工作组负责人卢卡.卡斯特拉尼博士与北京师范大学互联网政策与法律研究中心薛虹教授担任项目的联合主任。作为中国协助联合国向发展中国家提供法律技术援助的有机组成部分,联合认证项目已经向柬埔寨、哈萨克斯坦、斯里兰卡等国家政府官员提供国际电子商务法的能力建设法律培训及该国电子商务立法的咨询与建议。国际电子商务法联合认证项目从事电子商务立法国际比较研究及国际法律研究,正在成为我国与国际组织与国外机构进行电子商务法国际交流与合作的桥梁与纽带。

二、合作基础

联合国国际贸易法委员会是联合国系统在国际贸易法领域中的核心法律机构,在全球拥有广泛成员,四十多年来在全世界范围内专门从事商法改革,致力于协调各种国际商务规则并使之现代化。除此之外,联合国国际贸易法委员会还可以提供法律技术支持,以促进在商业交易领域制定现代、公平、和谐的法律规定的法律改革计划。

联合国国际贸易法委员会起草了《电子商务示范法》及《电子商务公约》等重要的国际电子商务法文件,并正在拟定新的国际法律规范。与北京师范大学共同打造的这一联合认证项目,将为电子商务领域,特别是跨境电商,带来全新知识与智慧体验。

三、课程内容

项目共有6个课程单元,在每学年秋季/春季学期的两周内集中授课。可同时获得北京师范大学的学分。学生也可选择参加任一学期的课程学习。

课程内容单元如下:

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)

 

四、教学管理和师资力量

联合国国际贸易法委员会与北师大共同组建国际专家顾问委员会,监督及保障教学质量。北京师范大学国际交流与合作处、北京师范大学法学院为项目提供支持。

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。
项目由国内外知名法律专家团队授课,并将定期邀请国内外电子商务业界、政府、司法机关的专家进行实务讲座。授课专家包括:
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

阿拉木斯,中国电子商务协会政策法律委员会副主任、国家电子商务示范城市创建项目专家组成员、国家发改委高技术司专家组成员、阿里巴巴集团政策研究室高级顾问、网规研究中心主任

薛虹,北京师范大学法学院教授、博士生导师、互联网政策与法律研究中心主任、联合国无纸化贸易专家网络顾问委员会委员、商务部电子商务咨询专家、联合认证项目中方主任

课程教学语言英文、中文。2周内集中授课。招生面向从事电子商务管理及经营的专业人员,每期仅限15人。学习完成,可获得联合国国际贸易法委员会与北京师范大学联合签署的文凭;完成其中任1学期,获得联合国国际贸易法委员会与北京师范大学联合签署的该学期文凭。参加者向北京师范大学交纳全额4,000美元(每个学期2,000美元)学费。
2014-2015学年秋季学期集中授课将于11月24-30日“JCP国际电子商务法活动周”进行。学员除了参加集中授课,还可免费参加“中外专家系列专题讲座”/“首届国际电子商务法高层论坛”等活动。

有意参加者可向北京师范大学与联合国国际贸易法委员会联合组成的工作委员会提出申请,于2014年9月30日前提交中英文简历及与电子商务有关的工作经历的陈述。提交申请以电子邮件方式进行,邮件地址为jcp@bnu.edu.cn。经工作委员会进行审查、录取的学生,将成为北师大正式在校生,并能获得有关课程学分。


[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 <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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