September 28 2009
In June 2009 the Japanese Ministry of Trade, Economy and Industry signed a first memorandum of understanding with China's Ministry of Commerce whereby the parties agreed to cooperate on the protection of IP rights in an effort to strengthen economic stability in the region. On August 24 2009 the Japanese Ministry of Trade, Economy and Industry and China's State Administration for Industry and Commerce signed the Memorandum of Understanding for Intellectual Property Protection Exchanges and Cooperation.
According to Chen Deming, the Chinese minister of commerce, the June agreement aims to create a legal framework to enforce crackdowns on IP rights violations. Chen also commented that China and Japan will use a working group mechanism to solve problems in respect of IP rights protection. The working group will focus on sharing information on IP laws and regulations, as well as exchanging experiences in law enforcement.
Following the signing of the June agreement, the Japanese government decided that it needed to bolster communications with the China trademark administrator due to the high number of counterfeit Japanese products manufactured in China and the related infringement of Japanese enterprises' trademarks in China. In order to address this concern, the Japanese Ministry of Trade, Economy and Industry and the Chinese State Administration for Industry and Commerce signed the August memorandum to further protect IP rights in both countries. The memorandum is intended to foster bilateral communication and cooperation in areas such as trademark registration systems, the policing of counterfeit products and the prevention of unfair competition. Among other things, Japan and China will cooperate on:
Such activities will be carried out within a framework for bilateral cooperation which the authorities will use to drive relevant efforts in their respective jurisdictions. The memorandum also defines a mechanism for communication and the deployment of the working group structure. The working group will:
Japan and China expect the environment for IP rights protection to improve as a result of the cooperation between their respective authorities.
For further information on this topic please contact Connie Carnabuci at Freshfields Bruckhaus Deringer's Hong Kong office by telephone (+852 2846 3400), fax (+852 2810 6192) or email (firstname.lastname@example.org).
ILO provides online commentaries as specialist Legal Newsletters. Written in collaboration with over 500 of the world's leading experts and covering more than 100 jurisdictions, it delivers individually requested information via email to an influential global audience of law firm partners and international corporate counsel. Please click here to register for the service.
The materials contained on this website are for general information purposes only and are subject to the disclaimer.
ILO is a premium online legal update service for major companies and law firms worldwide. In-house corporate counsel and other users of legal services, as well as law firm partners, qualify for a free subscription. Register at www.iloinfo.com.