Page 16 - 2021 Policy Watch
P. 16
icy Watch: Brief Analysis of the Intellectual Property Sections of Three Influential International Trade Agreements and one Bilateral Trade Agreement
?? pre-existing trademark to which the right have been ?§è?????´ä¸ºä¸¥æ?ï¼?PTPP?¨æ?äº??æµ???¢æ?
acquired?? or ?? pre-existing good faith pending appli- é«??对ä?????????????æ°?????èµ?????ï¼?
cation or registration??. Second, CPTPP?? intellectual ?©å¤§äº?¾¹å¢???½é?对ç?ä¾µæ?è´§ç?ç±»å?ï¼??è¾¹å???
property protection related to patents is more specific æ³???½æ?å±??è¿???£ä?å¤??è¿?????ï¼??ä½??ä¾?
and precise. In CPTPP, the procedural system that in- ???è¯?º§????????ç¨?????ç½???¨æ???
volves patent protection has been constantly refined,
such as supplementing patent protection measures re- CAI???ç¦??????½¬è®©å?å®????¸¸??¡®???????
lated to agrochemicals. Third, CPTPP added that the è¿??è§?????ç¦?????è¿?½¿????½¬è®©ç????è¦?
treatment which the works first published in the terri- æ±??ä¾??å°????½¬è®©ç????ä¼?¼´???æ±??以å?ç¦?
tory of another Party can enjoy protection shall be not æ¢å????????¸å¹²æ??????????æ±????äº????
less than those first published in a Party?? own territory. è¿?????ä¿??è¡???ºæ?ï¼??å¦???¨å?????????
It also added the protection for ??nfixed?? performance, 认è?è¿??ä¸???¶é????å¯??ä¸?¿¡??????ç»????
i.e. a performer has the exclusive right to authorize or ????²ï?ä¿?????ç§????¸?½å?CAIä¸??诺å???
forbid its ??nfixed?? performance to be broadcasted or é«????????请ç????åº????é¢???§å???¹³?§ã??
disseminated to the public. Fourth, it provides stricter
IP enforcement measures: in terms of civil remedies,
CPTPP has raised the standard of civil damages for
copyright and trademark rights, identified more types
of infringing goods restricted by border measures.
Moreover, the border measures will be enforced not
only on import and export, but also on transit of the
goods. Furthermore, it lowers the requirements for ap-
plication of criminal procedures and penalties on intel-
lectual property infringement.
CAI sets forth specific rules on prohibiting technology
transfer, including the provisions on prohibiting several
kinds of investment by forcing technology transfer, for
example, transferring technology to joint venture part-
ners, as well as prohibiting interference to freedom of
contract in technology license. These rules also include
protection of confidential business information collect-
ed by administrative authorities (i.e. during certification
of goods and services) from unauthorized disclosure,
and protection of trade secret. In CAI, China commits
to improve transparency, foreseeability and fairness of
application for technology licenses.
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?? pre-existing trademark to which the right have been ?§è?????´ä¸ºä¸¥æ?ï¼?PTPP?¨æ?äº??æµ???¢æ?
acquired?? or ?? pre-existing good faith pending appli- é«??对ä?????????????æ°?????èµ?????ï¼?
cation or registration??. Second, CPTPP?? intellectual ?©å¤§äº?¾¹å¢???½é?对ç?ä¾µæ?è´§ç?ç±»å?ï¼??è¾¹å???
property protection related to patents is more specific æ³???½æ?å±??è¿???£ä?å¤??è¿?????ï¼??ä½??ä¾?
and precise. In CPTPP, the procedural system that in- ???è¯?º§????????ç¨?????ç½???¨æ???
volves patent protection has been constantly refined,
such as supplementing patent protection measures re- CAI???ç¦??????½¬è®©å?å®????¸¸??¡®???????
lated to agrochemicals. Third, CPTPP added that the è¿??è§?????ç¦?????è¿?½¿????½¬è®©ç????è¦?
treatment which the works first published in the terri- æ±??ä¾??å°????½¬è®©ç????ä¼?¼´???æ±??以å?ç¦?
tory of another Party can enjoy protection shall be not æ¢å????????¸å¹²æ??????????æ±????äº????
less than those first published in a Party?? own territory. è¿?????ä¿??è¡???ºæ?ï¼??å¦???¨å?????????
It also added the protection for ??nfixed?? performance, 认è?è¿??ä¸???¶é????å¯??ä¸?¿¡??????ç»????
i.e. a performer has the exclusive right to authorize or ????²ï?ä¿?????ç§????¸?½å?CAIä¸??诺å???
forbid its ??nfixed?? performance to be broadcasted or é«????????请ç????åº????é¢???§å???¹³?§ã??
disseminated to the public. Fourth, it provides stricter
IP enforcement measures: in terms of civil remedies,
CPTPP has raised the standard of civil damages for
copyright and trademark rights, identified more types
of infringing goods restricted by border measures.
Moreover, the border measures will be enforced not
only on import and export, but also on transit of the
goods. Furthermore, it lowers the requirements for ap-
plication of criminal procedures and penalties on intel-
lectual property infringement.
CAI sets forth specific rules on prohibiting technology
transfer, including the provisions on prohibiting several
kinds of investment by forcing technology transfer, for
example, transferring technology to joint venture part-
ners, as well as prohibiting interference to freedom of
contract in technology license. These rules also include
protection of confidential business information collect-
ed by administrative authorities (i.e. during certification
of goods and services) from unauthorized disclosure,
and protection of trade secret. In CAI, China commits
to improve transparency, foreseeability and fairness of
application for technology licenses.
16
