Page 16 - 2021 Policy Watch
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icy Watch: Brief Analysis of the Intellectual Property Sections of Three Influential International Trade Agreements and one Bilateral Trade Agreement
“a pre-existing trademark to which the right have been 执行措施更为严格：CPTPP在民事救济方面提
acquired” or “a pre-existing good faith pending appli- 高了对于著作权和商标权的民事损害赔偿标准；
cation or registration”. Second, CPTPP’s intellectual 扩大了边境措施针对的侵权货物类型；将边境执
property protection related to patents is more specific 法措施扩展到进出口之外的过境环节；降低了侵
and precise. In CPTPP, the procedural system that in- 犯知识产权适用刑事程序和处罚的门槛。
volves patent protection has been constantly refined,
such as supplementing patent protection measures re- CAI针对禁止技术转让制定了非常明确的规则。
lated to agrochemicals. Third, CPTPP added that the 这些规定包括禁止几种迫使技术转让的投资要
treatment which the works first published in the terri- 求，例如将技术转让给合资伙伴的要求，以及禁
tory of another Party can enjoy protection shall be not 止在技术许可中干扰合同自由的要求。这些规则
less than those first published in a Party’s own territory. 还将包括保护行政机构（例如，在商品或服务的
It also added the protection for “unfixed” performance, 认证过程中）收集的机密商业信息免遭未经授权
i.e. a performer has the exclusive right to authorize or 的披露，保护商业秘密。中国在CAI中许诺将提
forbid its “unfixed” performance to be broadcasted or 高技术许可申请的透明度、可预测性和公平性。
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
“a pre-existing trademark to which the right have been 执行措施更为严格：CPTPP在民事救济方面提
acquired” or “a pre-existing good faith pending appli- 高了对于著作权和商标权的民事损害赔偿标准；
cation or registration”. Second, CPTPP’s intellectual 扩大了边境措施针对的侵权货物类型；将边境执
property protection related to patents is more specific 法措施扩展到进出口之外的过境环节；降低了侵
and precise. In CPTPP, the procedural system that in- 犯知识产权适用刑事程序和处罚的门槛。
volves patent protection has been constantly refined,
such as supplementing patent protection measures re- CAI针对禁止技术转让制定了非常明确的规则。
lated to agrochemicals. Third, CPTPP added that the 这些规定包括禁止几种迫使技术转让的投资要
treatment which the works first published in the terri- 求，例如将技术转让给合资伙伴的要求，以及禁
tory of another Party can enjoy protection shall be not 止在技术许可中干扰合同自由的要求。这些规则
less than those first published in a Party’s own territory. 还将包括保护行政机构（例如，在商品或服务的
It also added the protection for “unfixed” performance, 认证过程中）收集的机密商业信息免遭未经授权
i.e. a performer has the exclusive right to authorize or 的披露，保护商业秘密。中国在CAI中许诺将提
forbid its “unfixed” performance to be broadcasted or 高技术许可申请的透明度、可预测性和公平性。
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
