以下文章来源于中伦文德律师事务所 ，作者中伦文德

Embrace the bright future with eyes wide open

The National Copyright Administration issued the Temporary Provisions to promote the effective implementation of the Copyright Law and the Treaty of Marrakesh.

Who are dyslexia? What is the accessible format? What should be paid attention to in making and providing accessible formats? On August 1 this year, the National Copyright Administration issued the Temporary Provisions on Works to dyslexia (the "Temporary Provisions"), in order to further promote the effective implementation of the Copyright Law and the Marrakech Treaty (published works) for the blind, visually impaired or other dyslexia.

On May 5 this year, the Marrakesh Treaty, the only copyright human rights treaty in the world, came into force in China. In order to implement the Marrakesh Treaty, paragraph 12, Article 24 of the PRC Copyright Law stipulates that barrier-free published works can be paid without the permission of the copyright owner. However, this term is lack of specific guidance on relevant administrative regulations and departmental rules, which makes it difficult for the implementation of Marrakesh Treaty. To this end, the National Copyright Administration has formulated the interim Provisions. 

Recently, the personnel of National Copyright Administration made a detailed interpretation of the Temporary Provisions, "The Temporary Provisions will be regulated within a certain period of time in a barrier-free way to provide dyslexia works of copyright order, and accumulate more practical experience, will test the specific system and effective practices into the revision of the copyright law implementation regulations, the future department regulations, better implement the copyright law and the marrakech treaty support for dyslexia." 

Specific guidelines to promote the implementation of the Treaty

According to statistics, there are more than 300 million blind and visual disabilities in the world. In China, there are 17.32 million people with visual disabilities. With the aging of the population and the change of lifestyle, the population may still be increasing. So, how is the dyslexia population defined? 

"According to the Interim Regulations, dyslexic persons include people with vision and those who cannot read normally due to visual defects, perceptual disorders, physical disabilities and other reasons."The person in charge said, according to the "China Practical Assessment Standards for the Disabled", the visually disabled include blind and low vision; people who cannot read normally due to visual defects, perceptual disorders, physical disability, etc.

The Temporary Provisions promote the effective implementation of the Copyright Law and the Marrakesh Treaty in four ways: by defining important concepts, clarifying the requirements of the rules, stipulating the qualifications of the subjects, and strengthening supervision and management. For example, in defining important concepts, the scope of "persons with dyslexia" in the Copyright Law and "beneficiaries" in the Marrakesh Treaty are kept consistent, and the scope of "making available works in an accessible manner" in the Copyright Law and "making and making available works in an accessible manner" in the Treaty are realized. The Marrakesh Treaty also provides for an orderly interface between the "making available of works in accessible formats" in the Copyright Act and the "making available of accessible format copies" in the Treaty.

The accessibility format varies from person to person

Like dyslexia, the accessible format is an important concept of the Treaty of Marrakesh. According to the Temporary Provisions, the accessibility format is a version of the work that uses an alternative way or form that allows dyslexia to perceive and effectively use it. This definition is a simplified expression of the definition of the accessibility format in the Treaty of Marrakesh.

The accessibility format version is a relative concept. The above person in charge said that the barrier-free format version is for dyslexia, because only the version of the work can meet their use needs, large-character version, audio version and other barrier-free format version of dyslexia people can also perceive and effectively use, but for these people, it is not a barrier-free format version. The barrier-free format is also for specific types of dyslexia. For example, the large-character version is accessible for people with low vision with visual disabilities, but not for other dyslexia. Therefore, without the permission of the copyright owner, the type of accessible format provided to persons other than the dyslexic person or provided to the dyslexic person beyond its reasonable needs is not reasonably used.

 Free use of other people's works is conditional

According to statistics, there are tens of billions of books that are published worldwide every year, but less than 1% of books are available to dyslexia in an accessible format. The Interim Provisions encourage the production and provision of barrier-free formats through barrier-free format service agencies, and encourage the cross-border exchange of accessibility formats through barrier-free format exchange agencies. Meanwhile, they also put forward a series of requirements for the production and provision of barrier-free formats.

With the implementation of the Temporary Provisions, the filing guidelines for barrier-free format service agencies are also published on the website of the NIPA. As members of the social family, dyslexia can also read excellent works, easily obtain information, participate in cultural life equally, and share the fruits of civilized development.

ZLWD Commentary：

The release of the Temporary Provisions provides a strong guarantee and support for dyslexia to legally and safely appreciate copyrighted works, and at the same time, to better implement the Copyright Law and the Treaty of Marrakesh's support for dyslexia.

The number of intangible cultural heritage workshops has reached more than 2,500,

 and more than 50% of was built in poverty-alleviation counties

In the drizzle of Liangshan in early autumn, in the Yi embroidery workshop in Xigu Village, Puxiong Town, Yuexi County, the embroidery women are concentrating on sewing work. Now, the intangible cultural heritage Yi embroidery in their hands has become one of the key industries in the development of the national cultural industry in Liangshan, helping more than 200,000 embroidery women in Liangshan to achieve home employment and live a better new life.

In recent years, China has vigorously promoted the integration of ancient intangible cultural heritage skills into modern life, helping intangible cultural heritage projects to the market and realize industrialization. Among them, traditional craft intangible cultural heritage projects play a particularly important role in promoting urban and rural employment and promoting income increase. More than 2,500222 intangible Cultural Heritage workshops have been set up by June 2022, of which 1,400 had been located in counties lifted out of poverty, according to the recent press conference of the 7th China Intangible Cultural Heritage Expo. The gradually standardized intangible cultural heritage workshops are consolidating and expanding the achievements of poverty alleviation and helping rural revitalization, reflecting the huge potential that cannot be ignored.

Inheriting skills, uniting and getting rich

Stimulate endogenous power

Up to now, the 1,557 national intangible cultural heritage representative projects; 42 Chinese intangible cultural heritage projects have been included in the UNESCO related list list, ranking first in the world. In today's rapid development of economic science and technology, how to revitalize the "old" skills with the intangible cultural heritage workshop and contribute to the local economic growth is inseparable from the support of national policies and institutions.

In July 2018, the first batch of 10 key areas to support the "Intangible Cultural Heritage + Poverty Alleviation" initiative, including Liangshan Yi Autonomous Prefecture in Sichuan Province, were announced, supporting them to build intangible cultural heritage workshops and pilot poverty alleviation for intangible cultural heritage based on traditional craft projects with great market potential and strong employment drive. Liangshan responded quickly, and more than a dozen intangible cultural heritage workshops, such as Zhaojue Wei Mugaza Intangible Cultural Heritage Workshop, have been established successively. Relying on the intangible workshop, Liangshan focus on yi embroidery, silver, and many other unique traditional technology into productivity, not only revitalize the local cultural resources, at the same time play the local people master skills, increase the labor income, especially for left-behind personnel, disabled people and other groups provide employment channels and communication platform.

Take Zhaojue Wei Mugaza Intangible Cultural Heritage Workshop as an example. After its establishment, the workshop mainly focuses on the two national intangible cultural heritage projects of Yi clothing and Yi wool rolling textile skills, training and promoting Yi embroidery skills, so as to improve the product production ability of embroidery women and improve the quality of Yi embroidery products and handicrafts. Within one year after its establishment, the workshop has carried out six training sessions for Yi embroidery, with 2,500 people. At present, the workshop has established cooperative relations with some e-commerce enterprises, and has completed thousands of product orders, helping rural women to achieve local and nearby income increase.

More than 1,400 intangible cultural heritage workshops set up in poverty-stricken counties have helped villagers on the road to prosperity. Today, the intangible Cultural Heritage workshop has become an effective carrier for intangible cultural heritage protection and help rural revitalization. Its existence, by effectively transforming the excellent traditional characteristic cultural resources into industrial advantages, can not only drive the local economic and social development, but also help to carry forward the excellent traditional culture, enhance the people's cultural confidence, and stimulate the endogenous power of inheritance.

Strengthen protection and cultivate brands

 Unleash new momentum

The development of intangible cultural heritage needs not only to be passed on from generation to generation, but also needs to keep pace with The Times and bring forth the new. To consolidate expand poverty crucial achievements, and rural revitalization of effective cohesion, in December 2021, on the continue to promote the construction of intangible workshop power rural revitalization notice issued, in addition to strengthen skills training, cultivate outstanding leaders, expand sales channels, also proposed to strengthen mutual learning, adjust measures to local conditions to explore work path, support intangible workshop reasonable use of copyright, trademark, patent, geographical indications and other means, strengthen the protection of intellectual property rights, cultivating intangible workshop with local characteristics famous brand. With the policy guarantee, intangible cultural heritage workshops bloom everywhere, and the people have full motivation to increase their income.

Recently, in Henan province in the entire province launched the "intangible power rural revitalization" pilot work, in the continuous intangible workshop construction, to carry out skills training, widely absorb employment at the same time, also encourage it to promote the revitalization of traditional technology, into innovation in intangible products, introduced local characteristics, multiple integration of intangible cultural series of IP, realize the creative transformation of traditional technology and innovative development. Henan province's great investment in the construction of intangible cultural heritage workshops has continuously shown the advantages of intangible cultural heritage industrialization in enabling rural revitalization.

Today, universal education based on the intangible cultural heritage workshops is being carried out across the country. With the help of the workshop to show the beauty of traditional culture and share the fruits of protection and development, the colorful intangible cultural heritage is full of vitality in the new era, and the future is foreseeable.

ZLWD Commentary：

In recent years, our country vigorously promote the ancient intangible skills into modern life, power intangible project to market and realize industrialization, established "intangible workshop" around help consolidate expand poverty crucial achievements and help rural revitalization, at the same time, for the protection of the intangible heritage right also cannot ignore, state issued by the relevant policies, provides support for the intangible intellectual property protection.

The first batch of state-level pilot demonstration parks under the guideline of building 

a strong intellectual property country were identified

Recently, the NIPA issued a notice, announcing the list of the first batch of 86 national pilot demonstration parks under the guideline of building a strong intellectual property country.

In order to implement the relevant arrangements of the Outline for Building a Strong Intellectual Property Country (2021-2035) and the National Plan for the Protection and Application of Intellectual Property Rights during the 14th Five-Year Plan period, We will carry out pilot and demonstration projects to build a strong country with intellectual property rights, The State Intellectual Property Office aims to build an upgraded version of the national intellectual property pilot demonstration park, In accordance with the idea of "pilot promoting popularization and promotion, demonstration promoting and deepening development",

Recently, 31 provinces were organized to launch the application and selection of the first batch of national pilot demonstration parks to build a strong intellectual property rights, After the park declaration, local recommendation, expert evaluation, results publicity and other procedures, Twenty-two national parks at the state-level, including the Beijing Economic and Technological Development Zone, were identified as national demonstration parks for building a strong intellectual property country, Sixty-four state-tech parks including Tianjin Binhai High-tech Industrial Development Zone are national pilot parks to build a strong intellectual property country. The first batch of recognized pilot demonstration parks will officially enter the construction stage, with the construction period starting from August 2022 to July 2025. According to the unified requirements of the state intellectual property office, the park management committee will be issued by the construction plan, focusing on the intellectual property government environment, intellectual property protection system, intellectual property market operation mechanism, intellectual property service system four aspects of pilot demonstration park construction, build intellectual property policy supply sufficient, management specification, use efficient, powerful protection of park intellectual property work system and working environment, effective intellectual property system efficiency, promote regional economic development of high quality.

National intellectual property pilot demonstration park is an important part of the construction of intellectual property power pilot demonstration work, and is also the state intellectual property office around local industry development demand, strengthen regional industrial intellectual property work support important carrier, to promote park industry core intellectual property value, drive local intellectual property work level and innovation ability promotion is of great significance. State intellectual property office will take the "national bureau of demonstration, provincial bureau of pilot" hierarchical management mode, give full play to the bureau of provinces and cities linkage, gather advantage resources, promoting the pilot demonstration park construction, jointly build the first intellectual property power construction phalanx, to speed up the construction of intellectual property power to provide strong support.

ZLWD Commentary：

As a pioneering demonstration of national IPR development, the National IPR Pilot Demonstration Park will become a major contributor to the development of IPR in China, promoting the development of regional IPR protection and thus radiating across the country, through the hierarchical management model of "the national bureau grasps the demonstration and the provincial bureau grasps the pilot", with national, provincial and municipal cooperation and linkage.

Multiple measures were taken to help the GBA achieve a two-way

 interaction between "talent introduction" and "resource export"

In the era of reform and innovation, talent is surging. In the context of building a new development pattern, the Guangdong-Hong Kong-Macao Greater Bay Area gives full play to the advantages of intellectual property policies, systems and resources, actively introduces service-oriented enterprises and intellectual property talents needed for innovative development, and realizes the two-way interaction of "talent introduction" and "resource export" in the field of intellectual property. More intellectual property talents have gathered in the Guangdong-Hong Kong-Macao Greater Bay Area, bringing "new blood" to the innovative development of the Greater Bay Area and injecting "new vitality" into the high-quality development of intellectual property undertakings in the Greater Bay Area.

Integration into the GBA to promote regional cooperation

In 2004, with the implementation of the Arrangement between the Mainland and Macao on Establishing Closer Economic and Trade Relations (CEPA), Wang Aimin, who has both the mainland lawyers and Macao lawyers, became the "hot spot" in the industry. By chance, she came into contact with intellectual property rights and set up her own intellectual property services in Macao and Hong Kong in 2006, laying the foundation for her to show her great role in the field of intellectual property services.

In September 2019, the Guangzhou Intellectual Property Court issued the Guiding Opinions on Further Studying and Implementing the Outline Requirements for Providing a Strong Judicial Guarantee for Scientific and Technological Innovation in the Greater Bay Area, stressing the need to improve the lawyer mediation system, explore the introduction of Hong Kong and Macao mediators to participate in mediation, and further improve the remote mediation and service mechanism. Therefore, Wang Aimin has become a Hong Kong and Macao mediator of Guangzhou Intellectual Property Court. She took this opportunity to further improve the cross-regional business capabilities of the team. While constantly strengthening her business contact with the Guangdong-Hong Kong-Macao Greater Bay Area, she actively responded to the policy call and devoted herself to the intellectual property cooperation into the Greater Bay Area.

Innovative models provide development opportunities 

The development of the Guangdong-Hong Kong-Macao Greater Bay Area has further promoted the local exploration and improvement of the intellectual property personnel training system. The Guangdong-Hong Kong-Macao Greater Bay Area Intellectual Property Talent Development Conference and the series of intellectual property talent supply and demand docking activities are specific measures to explore the intellectual property talent training system. Taking the conference as an opportunity, universities in the Guangdong-Hong Kong-Macao Greater Bay Area actively guide students out of schools to participate in social practice. Students from Guangdong petrochemical institute in Guangzhou ai d patent and trademark agency internship, said they found in practice using the professional knowledge to solve practical problems is limited, also understand intellectual property work needs a broader vision, intellectual property discipline is with machinery, network, computer, and other fields of interdisciplinary discipline, need to improve more comprehensive ability and diverse knowledge reserves.

In recent years, the Guangdong-Hong Kong-Macao Greater Bay Area has been exploring a new IP talent training system, optimising the IP talent training model and innovating the introduction of IP talent, so that the innovative vitality of the Greater Bay Area has been continuously activated through the introduction of talents and resources, and the value and potential of IP talent has also emerged in the vast development flood of the Greater Bay Area. It is foreseeable that in this fertile ground for innovation, IP talent cultivation will also contribute more wisdom and strength to the high-quality development of the local IP business.

ZLWD Commentary：

In the context of building a new development pattern, the Guangdong-Hong Kong-Macao Greater Bay Area has given full play to its advantages in intellectual property policies, systems and resources, and actively introduced service-oriented enterprises and intellectual property talents required for innovation and development, thus achieving a two-way interaction between "talent introduction" and "resource export" in the field of intellectual property, promoting the development of intellectual property and adding new strength to the cause of intellectual property.

The e-commerce platforms needs to work

 together to combat piracy

Not long ago, the book History of Chinese Philosophy was sold out in Dongfang Zhenxuan’ living streaming, shocking Liu Xiaochun, executive director of the Internet Law Research Center at the University of the Chinese Academy of Social Sciences.

"With the help of e-commerce platforms, all the relatively infamous books such as The History of Chinese Philosophy can be sold quickly, which in my opinion is creating a miracle of Internet culture communication." Liu Xiaochun said, but on the other hand, pirated books also take advantage of this, which cannot be ignored.

In recent years, thanks to internet technology and e-commerce platforms, online book sales have become easier and faster, but at the same time, pirated books are also prevalent on e-commerce platforms, seriously squeezing the market for legitimate books, affecting authors' creativity and hindering cultural development and innovation in China. Moreover, the poor printing quality and erroneous content of pirated books can be a nuisance to readers' access to knowledge, and even use harmful materials that seriously endanger their physical and mental health.

High profits attract e-commerce companies to sell pirated books

According to the book Retail Market Report in the first half of 2022, the online channels of the book retail market accounted for nearly 80% in 2021.

At the same time, pirated books are becoming widespread on e-commerce platforms. Pirated books on some e-commerce platforms even squeezed the market for genuine books at one point. In cases of book piracy detected by the police in many places in recent years, pirated book shops were able to sell hundreds of thousands or even millions of books each year, with annual sales amounting to several million or even tens of millions of yuan.　

"Merchants are attracted by the high profits from pirated book trafficking and are so lucky that even if they are blocked after being discovered, the losses are usually not very big, which breeds a strong industrial chain behind pirated books." Liu Xiaochun said that in this grey industry chain, the various links are divided and operated in bulk, and the operation has become very mature and professional.

E-commerce pirated book transaction hidden evidence collection is difficult

Since 2005, China has launched the "Sword Action" against online infringement and piracy for 17 consecutive years, with remarkable results and the Internet copyright environment has been significantly improved. But there is no denying that pirated books still exist on e-commerce platforms.

"Books sold on e-commerce platforms are often released online and shipped offline to judge whether books are pirated, mainly relying on commodity description, seller statement and explanation, and cannot make a comprehensive and effective judgment in advance. Moreover, sometimes the information released by the merchants is only drainage, and the transaction is carried out on other platforms, judging the longer links and judging the higher uncertainty." Liu Xiaochun said that the management of pirated books on e-commerce platforms is difficult to judge and cooperation, which is an important reason for the intractable disease in this industry.

Du Ying believes that compared with the traditional sale of pirated books, the sale of pirated books on e-commerce platforms has strong transaction concealment, wide range of sales, mixed sale of true and false, and difficult to determine evidence.

"Even if pirated books are found, it is not easy to successfully protect their rights."Du Ying said, for copyright owners and publishing houses, e-commerce platform pirated booksellers in individual form, transaction concealment, high rights protection costs, but relatively small returns, and even if seized a store, another store will appear on the platform, into a point-to-point hit" mole cycle ".

In Liu Xiaochun's opinion, for copyright owners, publishers and consumers and other relevant stakeholders, the protection of legitimate books is faced with the problems of difficult proof, long rights protection cycle, low compensation, and low efficiency of pirated books. In addition, the current book governance of e-commerce platforms has not yet formed an effective cooperation mechanism between all parties, and there are still many places to be improved in terms of clue provision, information sharing, joint action and joint punishment. 

E-commerce platforms shall bear the corresponding main responsibilities

In recent years, relevant departments have repeatedly carried out several special actions to severely punish pirated books, and repeatedly listed e-commerce platforms as key objects of supervision.

E-commerce platforms are also continuing to strengthen governance means to create healthy and formal book sales channels. For example, TikTok e-commerce launched the intellectual property protection platform IPPRO in 2021, which has provided services for more than 7,300 rights holders and 11,000 intellectual property rights records, accepted more than 57,000 infringement complaints, and deleted more than 60,000 infringement links.

At present, the legal norms on book copyright protection on e-commerce platforms are mainly reflected in the civil Code and e-commerce law. Although the civil code first article one thousand one hundred and ninety-four and article one thousand one hundred and ninety-seven about network users and network service providers infringement of general provisions, not specifically for e-commerce users and e-commerce platform, but the determination of the network service providers indirect infringement judgment subjective requirements and "notice-delete" mechanism, there is no essential difference with e-commerce law.

Du Ying believes that in addition to the legal obligations, the platform can also take other autonomous measures. For example, for different complaint subject, the platform can according to the previous transaction big data and complaints big data presented the results of hierarchical classification, and set the white list, blacklist, the integrity of the complainants in the white list, the rights protection request can relax the review, can even set the green channel for it, speed up the processing of the complaints. For the malicious complainants reflected by the data, we should make key tips, strengthen the review of their notices, and take effective measures to prevent their repeated malicious complaints.

Information sharing linkage and cooperation to form a joint strike force

In the view of many experts, the healthy ecology of book copyright protection on e-commerce platforms cannot be realized only by relying on the "fighting alone" of e-commerce platforms.

"At present, the conflicts and disputes in the field of online copyright are still serious, and pirated goods on e-commerce platforms are still sold from time to time. Protecting intellectual property rights and combating infringement and piracy is a long-term, complex and arduous task, and also a task that requires multi-party cooperation."Said He Guangyu, chairman of the Beijing Edition 15 Society Anti-piracy Alliance and deputy general manager of the Commercial Press.

In recent years, the exploration of multi-party cooperation has begun. For example, Alibaba, Pinduoduo, TikTok and other e-commerce platforms have signed book copyright protection cooperation agreements with Beijing 15 Anti-piracy Alliance and Children's Publishing Anti-piracy Alliance.

ZLWD Commentary：

While e-commerce networks have boosted book sales, they have also provided a platform for pirated books to flourish. Given the difficulties in obtaining evidence and dealing with pirated books on e-commerce, it is necessary for e-commerce platforms and all relevant departments to cooperate with each other and share information to jointly combat pirated books and establish a safe platform for the purchase of books.

CNIPA Concluded the First Batch of Administrative

 Adjudication Cases of Major Patent Infringement Disputes

The amended patent law, which came into effect on June 1, 2021, gives new power to the China National Intellectual Property Administration (CNIPA), allowing it to hear major patent disputes of national significance upon the request of patentees or stakeholders. Recently, CNIPA concluded its maiden trial, handing out decisions on two cases, both involving infringement of Patent No. ZL201510299950.3, owned by the Germany-based Boehringer-Ingelheim.

After deliberating on whether the cases were admissible as major patent disputes, whether the pharmaceuticals in question listed on the internet in multiple provinces (autonomous regions and/or municipalities) fell into an offer for sale or exceptions to infringement prescribed in the patent law, and some other central issues, CNIPA made a ruling within the required time limit.

In the next step, CNIPA plans to keep comprehensively enhancing IP protection mandated by the Party Central Committee and the State Council, use its power authorized by law to try major patent disputes, give full play to the advantages of professional and rapid administrative adjudication, effectively maintain a fair market order, and protect the legitimate rights and interests of patent owners and the public

ZLWD Commentary：

Two major patent dispute cases concluded by expedited adjudication received attention from foreign media, reflecting the rapid development of China's patent dispute resolution system and the new channels to quickly stop patent disputes are more efficient and timely to protect the fruits of knowledge and promote the development and progress of intellectual property protection.

IP protection ensures reliable consumption

The Summit on Fighting Against Infringement and Counterfeiting was recently held during the 2022 China International Fair for Trade in Services (CIFTIS). In her keynote speech, Gan Lin, Director of the Office of the Leading Group in the National Campaign Against Infringement and Counterfeiting and Deputy Director-General of the State Administration for Market Regulation, said innovation is the primary driving force behind development and China attaches great importance to the protection of intellectual properties (IPs). It has been stepping up efforts to improve IP protection laws, rectify violations, publicize IP protection, and strengthen international cooperation, thereby creating a reassuring, secure and comfortable consumption environment that unleashes consumption potential. Consumption is an important engine of economic growth and a principal means to meet the needs of the public. China will continue to strengthen IP protection, crack down on infringement and counterfeiting, and increase the role of consumption in boosting economic growth.

Wang Binying, Deputy Director-General of the World Intellectual Property Organization (WIPO), on behalf of Director-General Daren Tang, spoke highly of the Chinese government's remarkable achievements in IP protection and innovation. Wang said the Chinese government puts emphasis on the enforcement of IP laws and the WIPO has long-term and fruitful cooperation with China in enhancing the public understanding of and respect for IPs. The WIPS looks forward to working with all member countries including China to build a more innovative and creative global IP ecosystem that benefits all.

As China steers its economy toward high-quality development, IP protection is needed more than ever to spur innovation. Li Jian, Vice President of the Civil Adjudication Tribunal No.3 at the Supreme People's Court of China, said IP protection is facing unprecedented challenges amid the rapid technological and social development but is also opening up new opportunities. Chinese courts always give equal protection to domestic and foreign IP holders and strive to provide clear, consistent and predictable rule guidance for market entities.

Guo Zhihong, General Manager for Government Affairs and Public Policy of P&G Greater China, said he has witnessed a continuous decrease in infringement and counterfeiting over recent years, thanks to China's ever-improving IP legislation, administration and law enforcement and its relentless crackdown on the violations.

The Chinese government attaches great importance to IP protection and the fight against infringement and counterfeiting and has achieved positive results. Statistic data show that in 2021, China handled 2,957 infringement and piracy cases, deleted 1.197 million links to infringing and piratical content, detained 79,200 batches of imports and exports suspected of infringement. In addition, China took stern measures in industries and regions prone to infringement and counterfeiting, severely punishing violations and wrongdoers that the public complained most bitterly about.

ZLWD Commentary：   

The CIFTIS adopted a dual protection model for IPR protection and achieved a "zero record" of IPR dispute complaints, demonstrating the high level and strong protection of China's IPR in the international arena and gaining recognition from all parties.

The NIPA and other four departments launched 

the "Sword Net 2022"  campaign

The National Copyright Administration, the Ministry of Industry and Information Technology, the Ministry of Public Security and the Cyberspace Administration of China have jointly launched the "Sword Net 2022" campaign, the 18th consecutive nationwide special campaign to combat online infringement and piracy. Since 2005, the National Copyright Administration and other departments for the hot and difficult issues of network piracy, focusing on network video, network music, network literature, network news, live webcast and other fields to carry out the rectification of copyright, investigated a number of major piracy cases, effectively combat the network infringement and piracy, get the full affirmation of the obligee at home and abroad. 

The special operation in September to November, focus on the innovation subject of copyright urgent sorrow problem, promote standard development and punish simultaneously, to carry out four aspects of key regulation: one is to focus on literature database, short video and network literature, unauthorized, unauthorized use of literature database, unauthorized cuts of audio-visual works, adapted compilation short video, unauthorized through website, social platform, browser, search engine spread network literature infringement. Second, we will strengthen the copyright supervision of online platforms, investigate and punish the sale of infringing products through short video platforms, live streaming platforms and e-commerce platforms, resolutely punish the infringement of abuse of "safe haven" rules, consolidate the main responsibility of online platforms, promptly dispose of infringing content and repeated infringing accounts, and facilitate the rights holders to protect their rights according to law. Third, strengthen the copyright supervision of NFT digital collection, "script kill" and other new network business forms, severely crack down on the unauthorized use of others' art, music, animation, games, film and television and other works to cast NFT, produce digital collections, sell pirated script scripts through the network, unauthorized derivative development of script image props and other infringement activities. Fourth, we will continue to strengthen the copyright protection of cinema films, online live broadcast, sports events, online education, and news works, consolidate the work achievements in online music, game and animation, audiobooks, and online disks, and constantly improve the efficiency of online copyright law enforcement.

ZLWD Commentary：

The four departments jointly launched the "Sword Net 2022"  campaign shows China's efforts to crack down on online infringement and piracy and its determination to protect online copyright. This action not only standardizes the development of online copyright, but also strengthens the online copyright law enforcement, effectively cracking down on and punishing online infringement and piracy.

China and the EU reached an agreement, the pilot program in respect of

 the International Searching Authority ("ISA") of the Patent Cooperation 

Treaty ("PCT") will be extended until 30 November 2023.

The China National Intellectual Property Administration ("CNIPA") and the European Patent Office ("EPO") have begun a two-year pilot program on 1 December 2020. Nationals and residents of the People's Republic of China are allowed to designate EPO as their ISA for international applications filed in English under the PCT. Following the agreement between the CNIPA and the EPO, the pilot will be extended by one additional year until 30 November 2023 and up to a further 3000 applications. The extension decision is based on the positive evaluation of the pilot which has been running since 1 December 2020. Interest in this pilot has been remarkable with active participation from over 270 applicants - including universities, research institutes and private individuals. In particular, both local and international companies based in China showed a strong interest in obtaining timely patent protection in Europe.

ZLWD Commentary：

The pilot has facilitated the procedures for Chinese applicants in acquiring IP protection in Europe. By designating EPO as ISA, applicants can enjoy higher the level of certainty of laws before entering into Europe and be accelerated applications in Europe.

The 14th BRICS Heads of Intellectual Property 

Offices Meeting Held

The 14th BRICS Heads of Intellectual Property Offices Meeting (HIPO) was held virtually on September 15, facilitated by Shen Changyu, Commissioner of CNIPA. The meeting comprehensively implemented the requirements of the Beijing Declaration and solidly promoted cooperation in the fields of patents, trademarks and designs. The meeting reviewed the progress of the work of the five BRICS Offices in eight areas of cooperation and approved a number of outcomes, including the BRICS Report on the Comparative Study on the Examination Rules for Artificial Intelligence, the BRICS Report on the Comparative Study on the Submission Requirements for Design Views, and the BRICS Manual on the Comparison of Trademark Application and Examination Procedures. For the first time, the BRICS and WIPO also shared their experiences on "Intellectual Property for Achieving the UN 2030 Agenda for Sustainable Development".

ZLWD Commentary：

The BRICS IPR cooperation mechanism is an important platform for BRICS countries to seek common development in the field of IPR, which will help BRICS countries play a greater influence in the global governance of IPR and better promote the cooperation and development of BRICS countries in the field of IPR.

This Newsletter is produced by Economic and Legal Development Research Centre

 for Guangdong-Hong Kong-Macao Greater Bay Area For Your Reference Only.

Editorial Board: Wei LIN，Simon TANG，Lisi ZHOU，Yu DENG，Yuming LI，Oyagi，Gong CHEN，Ning NING，Zhao LIU，Xiaoyun Su

All Information published in this Newsletter is from open source.

If you have any suggestion or need more information, please contact us.