Page 24 - 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
RCEP simply provides that the foregoing civil and
criminal remedies can be applicable to infringements
of copyright or the related rights and trademarks in
the digital environment. The ETA concentrates on e-
commerce platforms, by listing in detail what China
should do to fight infringement and counterfeiting
on e-commerce platforms. Moreover, in addition
to copyright and trademarks, the ETA covers pat-
ents and other types of intellectual property. In the
ETA, China is required to adopt effective systems
of notification and taking down, to fight online in-
fringement, and to revoke the online license of the
e-commerce platforms that have repeatedly failed
to prevent the sales of counterfeit or pirated goods.
CPTPP has a separate chapter to describe the rights
and obligations of Internet service providers and the
rules of safe harbor, which is not provided in RCEP
and ETA. ETA requires the set-up of an effective
notice and expeditious takedown system to address
network infringement.
CPTPP, RCEP and ETA require the destruction of
infringing goods; the ETA requires a constant in-
crease in trained officers of customs law enforcement
bodies. however, RCEP offers that judicial authori-
ties may order alternations of goods to be disposed,
other than through channels of commerce, instead
of being destroyed. As for infringing materials and
implements, CPTPP provides that its judicial au-
thorities have the authority to order that materials
and implements that have been used in the manu-
facture or creation of infringing goods be, without
undue delay and without compensation of any sort,
destroyed or disposed of outside the channels of
commerce in such a manner. RCEP also states that
judicial authorities may destroy the goods.
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RCEP simply provides that the foregoing civil and
criminal remedies can be applicable to infringements
of copyright or the related rights and trademarks in
the digital environment. The ETA concentrates on e-
commerce platforms, by listing in detail what China
should do to fight infringement and counterfeiting
on e-commerce platforms. Moreover, in addition
to copyright and trademarks, the ETA covers pat-
ents and other types of intellectual property. In the
ETA, China is required to adopt effective systems
of notification and taking down, to fight online in-
fringement, and to revoke the online license of the
e-commerce platforms that have repeatedly failed
to prevent the sales of counterfeit or pirated goods.
CPTPP has a separate chapter to describe the rights
and obligations of Internet service providers and the
rules of safe harbor, which is not provided in RCEP
and ETA. ETA requires the set-up of an effective
notice and expeditious takedown system to address
network infringement.
CPTPP, RCEP and ETA require the destruction of
infringing goods; the ETA requires a constant in-
crease in trained officers of customs law enforcement
bodies. however, RCEP offers that judicial authori-
ties may order alternations of goods to be disposed,
other than through channels of commerce, instead
of being destroyed. As for infringing materials and
implements, CPTPP provides that its judicial au-
thorities have the authority to order that materials
and implements that have been used in the manu-
facture or creation of infringing goods be, without
undue delay and without compensation of any sort,
destroyed or disposed of outside the channels of
commerce in such a manner. RCEP also states that
judicial authorities may destroy the goods.
24
