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IP NEWS FLASH |
Japan and China Strengthening Cooperation for Protecting
Intellectual Property Rights
by
Konomi Takeshita, Patent Attorney
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Recently, Japan and China appear to be bolstering their cooperation in
improving the protection of intellectual property rights (IPRs), in
order to support economic stability in the region. In June 2009, the
two countries signed a Memorandum of Understanding (MOU) and established
for the first time a working group to protect IPR. Such efforts
resulted from China’s desire to have closer ties with its major trading
partners during the global recession. China is Japan’s largest trading
partner, and Japanese companies have complained about the problem of
intellectual property infringements in China. It is known worldwide,
for example, that copyright violations are rampant in the People’s
Republic of China. In 2007, the Office of the United States Trade
Representative placed the country on its "priority watch list" for
intellectual property rights violations, along with eleven other
nations.
The
above-mentioned MOU was signed by China’s Ministry of Commerce and
Japan’s Ministry of Economy, Trade and Industry (METI). Two months
later, in August 2009, Japan’s METI signed a second MOU with China’s
State Administration for Industry and Commerce (SAIC). This second MOU
resulted from the Japanese government’s desire to improve communications
with China’s trademark administrator, due to the counterfeiting of
Japanese products manufactured in China and the related infringements of
Japanese companies’ trademarks in China. Under this second MOU, Japan
and China will cooperate in a range of intellectual property enforcement
issues, including trademark registration, examination, oppositions,
fighting against counterfeit products and unfair competition relating to
intellectual property, IPR protection on the internet, and improving the
public’s awareness of intellectual property protection.
Some
legal experts believe that the signing of the MOUs, although they are
not binding, may boost good will between the two nations and have
significant impacts on their laws and regulations. Such bilateral
cooperation in the intellectual property area may also promote economic
and technological cooperation between Japan and China. Japan may use
the MOUs to convey its frustrations and problems regarding Chinese
imitations of Japanese products. China may derive advantages from
Japan’s successful experiences in IPR enforcement.
As
another indication of cooperation in the East Asia region, in October
2009, a Japan-China-Republic of Korea (ROK) Trilateral Summit Meeting
produced a joint statement stressing the need for greater cooperation
among the three countries in various essential areas, including
intellectual property. The meeting, held in Beijing, was chaired by
Chinese Premier Wen Jiabao and attended by ROK President Lee Myung-bak
and Japanese Prime Minister Yukio Hatoyama.
A
communiqué from the meeting stated that, “We will make full use of the
great potential of the three economies and bring to higher levels our
cooperation in key areas such as business, trade, finance, investment,
logistics, intellectual property, customs, information, science and
technology, energy conservation, environmental protection and the
circular economy.”
The other countries currently on the
“priority watch list” include Russia, Canada, India and Venezuela, among
others.
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