Institute for Internet Policy & Law @ Beijing Normal University

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.

The United Nations Economic and Social Commission on Asia and the Pacific (UNESCAP) together with the other United Nations Regional Commissions (UNRCs) launched the first Global Report of the Joint UNRCs Survey on Trade Facilitation and Paperless Trade on October 20, 2015. The Survey, led by ESCAP and supported by the United Nations Network of Experts for Paperless Trade in Asia and the Pacific (UNNExT), was initiated in response to the lack of data on implementation of measures aimed at simplifying and reducing the cost of import, export and transit procedures, including by moving from paper to electronic documents in trade transactions. Implementation of such trade facilitation measures is seen as key to maintaining trade competitiveness and enabling effective engagement of firms, including SMEs, in regional and global production networks. The Survey, led by ESCAP, was developed in collaboration with the OECD and implemented by all UNRCs with the support of UNCTAD, IRU, ITC, OCO and SELA as well as UNNExT experts. Global and regional reports are available at: http://unnext.unescap.org/UNTFSurvey2015.asp

The Global Report provides data for 119 economies around the world and is a useful basis for bench-marking and monitoring trade facilitation performance. It includes information on the implementation of some of the key measures included in the WTO Trade Facilitation Agreement as well as some innovative and technology-driven measures aimed at enabling trade using electronic rather than paper-based data and documentation also referred to as ‘paperless trade’. Key findings from the report suggest that the global average implementation rate of the ambitious set of trade facilitation measures considered in the report is about 53%. Developed economies average implementation rate exceeds 75% while Pacific Island developing economies barely reaches 26%.

The top trade facilitation performer among all the economies included is the Netherlands. Singapore and Republic of Korea lead East Asia, United Arab Emirates leads the Middle East and North Africa region, and Benin and Mauritius lead the Sub-Saharan Africa region. India leads the way in South Asia while Russia and Turkey lead the Europe and Central Asia region. Several leaders emerge in Latin America and the Caribbean including Mexico, Colombia, Ecuador and Chile.

Overall, the Report finds that most economies have already taken concrete steps towards streamlining trade procedures. A significant number of developing economies, particularly in East Asia and Latin America and the Caribbean, have actually implemented many of the commitments associated with the WTO Trade Facilitation Agreement. For most, however, a lot remains to be done. An integrated step-by-step approach is suggested, starting with building up institutional arrangements and inter-agency cooperation.

Going forward, the strong positive relationship found between trade facilitation implementation rates and trade costs highlight the need for countries to strive for trade facilitation excellence. This can be achieved through adoption of modern information and communication technologies, as well as development of legal frameworks enabling exchange of electronic data and documents across borders. These “next generation” trade facilitation measures have just as much potential as more traditional measures to reduce trade costs and boost trade. However, capacity building and strengthened cooperation between countries at the regional and global level will certainly be needed to implement them.

According to the UNESCAP Resolution 68/3 in May 2013 and subsequent Resolution 70/6 in August 2014, the Regional Agreement for the Facilitation of Cross-border Paperless Trade is now being negotiated among UNESCAP member states. Prof. Xue, as the Chair of Legal Panel of UNNeXT, led the drafting of the legal text for the Agreement 2013-2014 and acted as one of the two legal experts to provide concrete legal advices for the intergovernmental negotiation process in April and September 2015 at UNESCAP.

6th APrIGF was successfully held on July 1-3, 2015 in Macao. Asia Pacific Regional Internet Governance Forum (APrIGF) is one of the key regional initiatives on Internet governance which provides an open platform for multi-stakeholders to discuss and identify issues and priorities, and ultimately advances the development of Internet governance in the Asia Pacific region as well as bring forward and contribute to the wider global Internet community. APrIGF 2015 was hosted by Macau University of Science & Technology, Macao, HNET.Asia – the registry for the “.mo” ccTLD of Macau – and by the Macau High Technology Industry Chamber. It was in conjunction with an annual local telecommunications event, CommunicMacau Expo, from 3 to 5 July 2015. More than 300 participants from more than 20 Asia Pacific countries and economies joined the event. An IIPL’s fellow was selected to join the Youth IGF concurrent with the main session.

Prof. Xue gave a keynote speech on the plenary “Manila Principles on Intermediary Liability” on July 3 and analyzed the new Chinese legal initiatives (such as Draft Cyber Security Law, revised Criminal Law and Consumer Protection Law) in the lens of the Principles. The speech was warmly welcomed by the audience at APrIGF.

During the event, the delegate of Beijing Normal University Law School, led by the Dean Prof. Zhao Bingzhi, paid the official visit to the Law School of Macau University and discussed with MU Law Dean Prof. Mo Shijian and Associate Dean Prof. Augusto Teixeira GARCIA regarding the collaboration of two schools, particularly enabling BNU students in Hande School Portuguese Program to access the exchange and even Master degree opportunity in Macau. The Dean of BNU Law School, Prof. Zhao, also discussed with Macau Prosecution Officials regarding BNU students’ possible internship in Macau judiciary.

2015 UNCITRAL-BNU Joint Certificate Program on International E-Commerce Law (JCP) Spring Week was successfully held by Beijing Normal University on June 21-26. Mr. Renaud Sorieul, the UNCITRAL Secretary and Co-Chair of JCP International Expert Advisory Committee, Mr. Joao Ribeiro, the Director of UNCITRAL Regional Centre for Asia and the Pacific and the other International experts attended the series of events and showed their strongly support.

A series of academic activities were held during this week.

 June 21  15:30-16:30   UNCITRAL Experts Meeting

 Mr. Renaud Sorieul, the UNCITRAL Secretary, Mr. Joao Ribeiro, the Director of UNCITRAL Regional Centre for Asia, Mr. Jae Sung Lee, the legal officer of UNCITRAL, Prof. Xue Hong, Co-Director of JCP, and other international experts attended the meeting. They discussed the details of training on International Trade Law for senior officers from Democratic People’s Republic of Korea.

June 22   14:00-15:00   International Expert Public Lecture

 2015 UNCITRAL-BNU Joint Certificate Program on International E-Commerce Law Spring Week – International Expert Public Lecture given by Mr. Renaud Sorieul, the UNCITRAL Secretary and Co-Chair of JCP International Expert Advisory Committee was successfully held at Room 1824 of New Main Building. The lecture was co –host by IIPL of BNU and UNCITRAL-BNU Joint Certificate Program, and supported by The China International Economic and Trade Arbitration Commission (CIETAC). Prof. Xue moderated the lecture. More than 30 arbitrators and officers from CIETAC, along with scores of BNU post-graduate students, joined the lecture.

Mr. Renaud Sorieu’s lecture on a series of international conventions administrated by UNCITRAL was informative, insightful and interactive. A couple of arbitrators had the interesting dialogue with Mr. Renaud Sorieu. The lecture ended in applause.

June 22 15:00-16:00 Meeting of JCP IEAC Co-chairs

 Vice president of BNU, Mr. Chen Guangju had a meeting with Mr. Renaud Sorieu, the UNCITRAL Secretary and Co-Chair of JCP International Expert Advisory Committee on June 22. The meeting was about the cooperation between the two sides and the future development.

 In the meeting, Mr. Chen awarded Mr. Renaud Sorieu the certificate of “Co-Chair of International Expert Advisory Committee of BNU-UNCITRAL RCAP Joint Certificate Program on International E-Commerce Law” to appreciate his contribution.

Mr. Chen introduced the history of BNU and the Law school, expecting the future cooperation and expressed his support on UNCITRAL-BNU Joint Certificate Program on International E-Commerce Law. While Mr. Renaud Sorieu spoke highly of the progress of Co-joint program. He said that UNCITRAL had made a lot accomplishment on legislative work on International E-Commerce Law and it’s a pleasure to cooperate with BNU to build the first program about International E-Commerce, he looked forward to more far cooperation.

Mr. Renaud Sorieu indicated that United Nations attach great importance on UNCITRAL’s work as the development of global economic environment. He thought international trade law would play a more important role in promoting living standards than international Criminal Law and international human rights law. He hoped more professionals would work for United Nations to provide the power of China.

Mr. Chen said that Law school of BNU put such a high value on international communication, and trained many students with ability to use second foreign language, hoping them to make contribution to the development of international communication.

Prof. Wang Xiumei, Director of international cooperation and communication, Beijing Normal University, Prof. Xue Hong, Co-Director of JCP, Professor Zhang Hong, Associate Dean of Beijing Normal University Law School, and Mr. Jaesung Lee, the Legal Officer of UNCITRAL attended the meeting.

 June 24 14:00-17:00 Prof. Xue’s Lecture for Senior Officials from DPRK

Prof. Xue gave a lecture to the Senior Officers from Democratic People’s Republic of Korea on United Nations Convention on the Use of Electronic Communications in International Contracts and the other international trade laws.

我校于2015年6月21-26日举办了联合国国际贸易法委员会与北京师范大学“国际电子商务法联合认证项目”2015年春季系列学术活动周。联合国国际贸易法委员会的秘书长、联合认证项目国际专家顾问委员会联席主席Renaud Sorieul先生、联合国国际贸易法委员会亚太中心主任Joao Ribeiro先生及其他联合国邀请的国际法律专家光临我校。雷诺.索芮先生、约翰.罗博罗先生及各位国际专家光临我校，是对联合认证项目的极大支持。

联合认证项目2015年春季系列学术活动周的具体活动内容与日程包括：

6月21日15:30-16:30联合国国际贸易法委员会专家工作会议： 联合国国际贸易法委员会的秘书长Renaud Sorieul先生、联合国国际贸易法委员会亚太中心主任Joao Ribeiro先生、联合国国际贸易法委员会法务官员Jae Sung LEE先生与我校联合认证项目主任薛虹教授举行了项目工作会议，讨论了朝鲜高级官员国际贸易法培训的相关具体安排。

6月22日14:00-15:00联合国国际贸易法委员会的秘书长、联合认证项目国际专家顾问委员会联席主席Renaud Sorieul先生专家讲座

北京师范大学与联合国国际贸易法委员会（UNCITRAL）国际电子商务法联合认证项目2015春季系列学术活动周之“大师讲座”在北京师范大学后主楼1824成功举行。本次讲座由联合认证项目与北京师范大学互联网政策与法律研究中心共同主办，并且得到了中国国际经济贸易仲裁委员会的大力支持。讲座由北师大法学院薛虹教授主持，由联合国国际贸易法委员会秘书长Renaud Sorieul主讲。

Renaud Sorieul先生首先介绍了UNCITRAL的成立及发展历史，UNCITRAL多年来专门从事全世界范围内的商法改革，致力于协调各种国际商业规则并使之现代化，特别是“联合国国际货物销售合同公约”与“承认与执行外国仲裁裁决纽约公约”的历史沿革及积极影响。贸易意味着通过商业活动取得更快速增长、提高生活水平和获得新的机会。Renaud Sorieul先生强调应该通过商事仲裁以及谈判等手段，克服不同地区之间的政治差异。通过建立区域间的具有实际价值的和解机制，促进国际贸易的繁荣发展。Renaud Sorieul还就“电子商务示范法”等柔性国际法律规范的创造性贡献、“电子通信公约”及其他正在进行的关于电子商务的国际立法工作发表了精辟的演讲。Renaud Sorieul先生指出，世界经济相互依存度日益提高，改进法律框架、便利国际贸易和投资显得十分重要。UNCITRAL在协调和统一区域法律方面正不断取得显著成效。在UNCITRAL的努力下，我们有理由相信国际贸易法领域的各项工作一定会取得令人瞩目的成就。最后，前来参加讲座的贸仲委的多位仲裁员与Renaud Sorieul先生积极互动，交流工作经验。北师大师生也从讲座中获益匪浅。在热烈的掌声中此次大师讲座圆满结束。

6月22日15:00-16:00 联合认证项目国际专家顾问委员会联席主席会议

2015年6月22日，北京师范大学副校长陈光巨先生与联合国国际贸易法委员会秘书长Renaud Sorieul先生出席了北京师范大学——联合国国际贸易法委员会国际电子商务法联合认证项目国际专家顾问委员会联席主席会议。会议就联合认证项目双方合作及未来发展事宜进行了友好商谈。

会议中，陈光巨校长为Renaud Sorieul先生颁发了联合认证项目国际专家顾问委员会联席主席“荣誉证书”，以感谢Renaud Sorieul先生对联合认证项目所做出的重要贡献。

陈光巨校长就我校及法学院历史沿革向Renaud Sorieul先生进行了介绍，并就联合认证项目双方合作愿景进行商谈，表达了对联合认证项目所寄予的厚望，希望双方能够在未来建立更加密切的合作。Renaud Sorieul先生对联合项目的运行做出高度评价，他表示：联合国国际贸易法委员会在国际电子商务法方面取得了许多领先的成果，很荣幸与北京师范大学合作，成立了国际上首个专门关于“国际电子商务法”的联合认证项目，期待双方能够建立更加广泛的合作关系。

Renaud Sorieul先生表示，随着全球化经济环境的发展，联合国对国际贸易法委员会的工作表示了高度重视。他相信，不同于国际刑法和国际人权法，国际贸易法对提高人们的生活幸福水平扮演了更加重要的角色。同时也希望中国有更多专业精英能够进入联合国工作，为联合国的发展贡献来自中国的力量。陈光巨校长表示，我校法学院非常重视与国际的交流合作，同时也培养了许多拥有第二外语能力的学生，希望他们能够为国际交流合作做出更多努力与贡献。

出席本次会议的有：北京师范大学国际合作与交流处处长王秀梅教授，国际电子商务法联合认证项目中方主任薛虹教授，北京师范大学法学院副院长张红副教授，联合国国际贸易法委员会亚太中心Jaesung Lee先生。

6月24日14:00-17:00 薛虹教授为朝鲜人民民主主义共和国政府代表团讲授“联合国电子通信公约”与其他国际贸易法律文件