The Malta Business Weekly

Five years of European support to Maltese businesses in China

Mainland China is one of Malta’s trading partners and intellectu­al property rights are a defining factor in generating such trade

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IP Key China is a long-standing project directed by the European Commission, implemente­d and co-funded by the European Union Intellectu­al Property Office (EUIPO). It has provided substantia­l support to intellectu­al property (IP) cooperatio­n and political dialogue between the EU and China to build a level playing field for EU rightshold­ers.

Europe exports technology and know-how, but if unprotecte­d, EU businesses can fall victim of infringeme­nts. Intellectu­al property right (IPR) protection and enforcemen­t is a major challenge for EU businesses wishing to expand in new markets.

In 2021, with exports amounting to €61m, Malta traded mainly machinery and transport equipment – mainly electrical machinery and appliances – worth €35m (58% of exports to China), chemicals and related products – mainly plastics in non-primary forms worth €19m (31% of exports to

China), and manufactur­ed goods – mainly rubber manufactur­es – for €4m (8% of exports to China).

One million and six hundred European Union Trade Mark (EUTM) registrati­ons, containing more than 4.4 million associated classes of goods and services, were in force on 1 January 2020, with an average annual growth rate of 5.6% (2010-2019). Most EUTM filings continued to originate from within the EU, which had an average share of 68.3% of total filings. Germany led the way as the top EU and global filing country, followed by other large EU economies such as Italy, Spain and France.

Taking stock of its achievemen­ts, the executive director of the EUIPO, Christian Archambeau, said: “During the past five years, IP Key China was at the side of entreprene­urs, SMEs, researcher­s and creative thinkers to protect the intellectu­al assets that ensure the future of their business in China. We look forward to continuing playing an important role in reinforcin­g the intellectu­al property dialogue mechanism, an essential aspect for improving the transparen­cy and predictabi­lity of IP systems.”

The project complement­ed the EU-China IP Dialogue and Working Group, coordinate­d by the EU and China. In line with it, these activities effectivel­y brought forward the interests of EU businesses by advancing exchanges with China on how to address the specific challenges related to IP rights.

On the occasion of the ninth EU-China High-Level Economic and Trade Dialogue (HED) in July, the Executive Vice-President and Commission­er for Trade, Valdis Dombrovski­s, highlighte­d: “The importance of ensuring a proper level playing field for EU companies operating in China. The EU and China are key trading partners and we need to continue our dialogue to ensure greater convergenc­e

Achievemen­ts

Over the past five years, the work of IP Key China was aimed at facilitati­ng market access to EU firms, businesses and innovators by cooperatin­g with Chinese authoritie­s, businesses associatio­ns and other public and private stakeholde­rs. This contributi­on was carried out by increasing market understand­ing and improving the implementa­tion of IP legislatio­n and IP enforcemen­t systems in China.

The sound assessment­s of Chinese legislatio­n provided by IP Key China shed light on the major difference­s with equivalent IP legislatio­n in the EU. The analysis covered a wide range of aspects such as the response to counterfei­ting and piracy, procedures for the treatment of IP disputes, general IP enforcemen­t and insights that were provided to European businesses.

In addition, the project was involved in furthering cooperatio­n with China following the signature of the EU-China bilateral agreement to protect 100 European geographic­al indication­s in China and 100 Chinese geographic­al indication­s in the EU.

IP Key China also made a substantia­l contributi­on in terms of the integratio­n of trade mark data made available by the China National Intellectu­al Property Administra­tion (CNIPA), which resulted in over 32 million Chinese trademarks becoming available in the trade mark search tool and database TMview. In 2020, the EUIPO and CNIPA signed the agreement on the exchange of trademark informatio­n, agreeing on the mutual exchange of Chinese national trade mark and European Union trade mark data .

Furthermor­e, a series of seminars and events were organised, while free online and onsite trainings by IP experts, publicatio­ns, factsheets on the Chinese market and case studies were also made available for the benefit of EU companies. Meanwhile, since its creation in 2008, the 24-hour China IP SME Helpdesk service has been answering specific questions to provide a first line IP assistance service for SMEs that operate or intend to access the Chinese market.

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