The first International Association for the Protection of Intellectual Property (AIPPI) World Congress hosted by China kicks off in the picturesque city of Hangzhou in October. Long Chuanhong, president of the Chinese Group of AIPPI, sits down with China Business Law Journal to give readers a sneak peek at the highlights of this longstanding IP event
China Business Law Journal: What’s the significance of hosting the 2024 AIPPI World Congress in China for the first time on the country’s IP community? What challenges are you facing in organising this landmark event, and how are you leading the team in overcoming them?
Long Chuanhong: The AIPPI World Congress stands as a pivotal event in the global IP landscape, fostering an inclusive and collaborative platform for IP professionals worldwide to engage in dialogue and idea exchange.
Hosting the AIPPI World Congress for the first time in China since the AIPPI’s establishment 127 years ago will have a positive impact on China’s IP community. Over 600 Chinese members have already signed up for this historic event. They will delve into cutting-edge IP topics such as patents, trademarks, copyrights and IP protection alongside nearly 1,300 international attendees.
This congress will deepen the Chinese IP community’s insights into evolving global trends while acquainting foreign participants with China’s strides in IP protection, showcasing its support for innovation through robust safeguards.
The gathering in China will encourage more Chinese IP professionals to actively engage in discussions on resolutions and bolster international alignment on IP laws and practices.
Undoubtedly, the congress will greatly influence the growth of the Chinese Group of the AIPPI, injecting dynamism through increased Chinese membership.
This year’s congress is expected to attract more than 2,000 attendees, of whom more than 65% will be from abroad, making it the first time that such a large-scale international IP event is held in China’s history. This poses a number of challenges in terms of venue, catering, transportation, payment, etc.
We have to take into consideration the travel, catering, transportation and payment habits of the foreign attendees to make them feel at home.
The Chinese Group managed to overcome these challenges by working closely with the local team of the Hangzhou congress and our colleagues in the AIPPI General Secretariat, and with the strong support of the local authorities in Hangzhou.
CBLJ: This year’s AIPPI World Conference has the theme “balanced protection and innovative development of intellectual property”. What is the significance of this theme in the current global IP environment?
Long: The theme of the congress is prominently displayed in the programmes of the Hangzhou congress.
The four themes of the AIPPI Study Committee deal with: (1) harmonisation of patent disclosure requirements and the consequences of non-compliance; (2) conflicts between composite trademarks including non-distinctive elements; (3) defence of parody in copyright; and (4) unjustified allegations of IP rights.
In-depth discussion of these highly specialised issues in the IP field will not only be helpful in promoting co-ordinated protection of IP rights in various countries and regions, but will also deter unwarranted extensions or misuse of IP rights.
Whether it’s advocating for robust IP safeguards or setting reasonable boundaries on IP rights exercises, the ultimate goal remains consistent: fuelling technological innovation and artistic expression, and harnessing IP rights as a positive catalyst for economic growth and societal welfare.
CBLJ: What unique experiences and inspirations do you believe attendees and the IP community will draw from convening in the dynamic and culturally vibrant city of Hangzhou?
Long: Hangzhou, with its enchanting West Lake, majestic Qiantang River, ancient Liangzhu ruins and the enduring tales of literary giants, stands as a city steeped in history and innovation. Its gardens and architecture reflect the grace and charm of Jiangnan. As the erstwhile capital of the Southern Song Dynasty, Hangzhou exudes a unique cultural essence shaped by Song heritage.
In recent times, Hangzhou has played host to prestigious events like the G20 Summit and the Asian Games, blending its rich legacy with modern progress.
The dazzling light spectacle along the Qiantang River waterfront showcases the city’s economic and social milestones, propelled by industry giants such as Alibaba and Geely alongside a thriving ecosystem of innovative small to medium enterprises.
Attendees will traverse through centuries, transitioning between ancient traditions and modern marvels, immersing themselves in the beauty of Hangzhou and witnessing the transformative journey of China.
In this emblematic Chinese city, foreign visitors will witness firsthand the remarkable strides made through the nation’s reform and opening-up policies, marvel at its modern achievements, experience the top-tier business environment fostering innovation, delve into the robust framework of China’s IP protection, and witness the boundless vitality and potential stemming from China’s ancient civilisation.
CBLJ: In recent years, China has become increasingly active in harmonising its IP laws with those internationally. What relevant sessions on the agenda of this year’s congress merit close attention?
Long: The congress agenda spans diverse realms like patents, trademarks, copyrights, designs, trade secrets and more. Among these, the AIPPI study committee’s four core themes take centre stage, addressing pressing concerns within the AIPPI community.
These topics will undergo thorough deliberation during the congress, culminating in resolutions post the AIPPI executive committee’s vote. These resolutions will then be shared with the WIPO, WTO, and global IP authorities, legislators and judiciaries for guidance in shaping IP policies, legislation and enforcement practices.
The congress will also have panel discussions on IP protection in the pharmaceutical field and review the operation of the Unified Patent Court of Europe (UPC). The congress has also invited senior officials from such organisations as IP5 and WIPO to participate in roundtable discussions to talk about the latest developments in IP in various countries and regions.
With a spotlight on China, the congress will delve into China-centric topics and activities.
- Some guests can register to observe the trial on 18 October of a patent infringement case organised by the Hangzhou Intermediate People’s Court;
- Experts from the China National IP Administration, the Supreme People’s Court (SPC) and the Hangzhou Intermediate People’s Court have been invited to talk about the latest developments and achievements in the review and protection of IP in China, in the China session on 20 October; and
- Representatives of well-known Chinese and foreign e-commerce platforms have been invited to discuss issues of IP infringement on e-commerce platforms and social media, on 21 October.
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CBLJ: Currently, what are the key IP legislative, judicial and law enforcement trends in China that businesses should be closely watching?
Long: In terms of legislation, China is rolling out a fresh wave of amendments to the Trademark Law and its accompanying regulations. This move aims to propel unified geographical indications legislation while refining rules for safeguarding integrated circuit layout designs, all to ignite societal innovation and creativity.
China is also actively exploring legislation on IP in cutting-edge science and technology fields, accelerating the creation of rules for the protection and application of IP in new fields and new businesses such as big data, artificial intelligence, gene technology, life sciences, quantum technology, etc., and speeding up the development of an IP rights system for data so as to promote the in-depth integration of the real economy and the digital economy and their innovative development.
On the judicial front, the SPC has stepped up its judicial review of the conditions over patent protection requisites such as novelty, inventiveness and public disclosure, fostering alignment between administrative and judicial norms.
The Intellectual Property Court of the SPC has endeavoured to promote the simultaneous appearance in, co-ordinated trial of, and simultaneous decisions in, related civil and administrative cases at the appellate stage to ensure that the interpretation of claims is consistent and coherent, and to genuinely enhance the efficiency of dispute resolution.
In recent years, Chinese courts have substantially raised the costs of infringement by applying the punitive damages system, fortifying the legal repercussions for violators. With respect to the protection of IP in the pharmaceutical field, which is critical to the life and health of the people, the SPC has effectively implemented a mechanism for the early resolution of pharmaceutical patent disputes and intensified efforts to protect the innovative achievements of scientific research in the pharmaceutical field, upholding the relevant claims of pharmaceutical research and development enterprises, as seen in significant pharmaceutical patent disputes like AstraZeneca v Jiangsu Aosaikang Pharmaceutical (2021); and Shionogi v CSPC Pharmaceutical (2023).
In the domain of administrative enforcement, the China National Intellectual Property Administration is co-ordinating the promotion of strict, broad, rapid and impartial protection of IP rights, accelerating the development of a convenient, efficient, strict, impartial, open and transparent administrative protection system, and a co-ordinated protection environment that has unified leadership and that is unobstructed, rapid and efficient.
This will implement the Opinions on Strengthening Intellectual Property Protection, put in place the Implementing Plan for the Project of Developing an Intellectual Property Protection System, construct a high-standard national IP protection demonstration zone, continually optimise the number and deployment of IP protection centres and rapid rights protection centres, promote and improve the mechanism for the co-ordination of administrative protection and judicial protection, and intensify co-ordinated protection.
CBLJ: In your experience, what distinct characteristics differentiate China’s homegrown IP firms from their international counterparts, and what trajectory do you envision for the industry’s evolution?
Long: As China’s IP sector flourishes and the need for IP protection legal services surges, the landscape is teeming with a rapid proliferation of IP service firms. By the close of 2023, the country boasted 5,269 patent agencies and a whopping 35,712 trademark agencies on record nationwide, excluding Hong Kong, Macau and Taiwan.
Guided by the China National Intellectual Property Administration and relevant industry bodies, local service firms have played a pivotal role in propelling China’s IP sector forward. Due to the rapid growth within a short period of time, many local IP service firms still lag behind their counterparts in developed nations concerning the acumen of their staff and the quality of their management.
The scope of operations for numerous IP service firms remains conventional, primarily focused on IP rights applications. I’m looking forward to the day when more local service firms provide enterprises with comprehensive services that include IP consulting, disposition, analysis, rights protection, dispute response, and transformation and application.
Additionally, as Chinese enterprises venture into global markets, the demand for internationalised service capabilities from local IP firms is set to surge. Initiatives like the annual youth IP forums, spearheaded by the Chinese Group of AIPPI, aim to foster a global outlook and enhance foreign-language proficiency among the next generation of IP professionals.
I am confident that with the continual thorough implementation of the national IP strategy, Chinese IP service firms will continue to narrow the gap with the leading international IP service firms and emerge as a formidable presence in both Chinese and global IP domains.
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