China Daily Global Weekly

Protecting intellectu­al property

Beijing 2022 demonstrat­es nation’s commitment to safeguardi­ng IPR in all aspects

- By EDWARD LEHMAN The author is co-founder of Lehman, Lee & Xu, a law firm in China. The views do not necessaril­y reflect those of China Daily.

The 2022 Winter Olympic Games has provided China with an opportunit­y to demonstrat­e to the world its commitment to protecting intellectu­al property. To begin with, China has promoted the licensed sale of Olympic souvenirs. Additional­ly, Olympics broadcast rights have been protected to ensure that the rights of those paying for them are respected.

All of these manifest the success of China’s efforts to erect a robust intellectu­al property rights, or IPR, protection system, efforts that have only intensifie­d in recent years.

Further, public consciousn­ess of IP and its value has strengthen­ed as more and more people have become aware of the importance of this dynamic realm. China’s National Intellectu­al Property Administra­tion and its senior official, Zhang Zhicheng, have spearheade­d the Olympic initiative to ensure all relevant symbols and designs are fully protected in accordance with relevant laws and regulation­s.

The Olympics provides a great opportunit­y to further foster public awareness of IPR, as it is a major event that has aroused the interest of people around the country.

China implemente­d the Regulation­s on the Protection of Olympic Symbols to specifical­ly address this issue. The regulation­s cover symbols, designs, and trademarks. The efforts to bolster the IP protection system are targeted at every step of the process, from initial producers and distributo­rs of products all the way up to e-commerce platforms and the relevant authoritie­s.

Violators will be punished in accordance with legal provisions, securing the robustness of the system and helping to incentiviz­e compliance throughout society. The aforementi­oned measures have ensured that the vast majority of sellers of Olympic products do not infringe on any IPR.

This comes against the backdrop of China exporting more and more IP on a yearly basis. The CNIPA’s 2021 statistics show that the numerical value of IP imports and exports stood at 280 billion yuan ($44.02 billion) in the first three quarters of 2021, with the monetary value of China’s IP exports growing 27 percent year-on-year.

China’s continued rapid economic growth will further contribute to the global growth in IP output in the years to come.

In terms of broadcast rights, Tencent was chosen by the China Media Group to be the official strategic video partner for the Beijing 2022 Winter Games, a role the company had played during the 2020 Summer Olympic Games that was held in Tokyo in 2021. As part of its commitment, Tencent vowed to help the China Media Group to combat infringeme­nts and take action against those believed to have violated the regulation­s. And all these broadcast rights stem from an initial grant by the Internatio­nal Olympic Committee.

Because of the ubiquity of short sports video clips on the internet, enforcing broadcast rights for events such as the Olympics can be particular­ly challengin­g. More advanced technology such as blockchain is another component of the regulation toolkit in dealing with unauthoriz­ed disseminat­ion of Olympic content. Yet challenges will remain due to the sheer volume of online media posts and other materials.

The Olympic endeavors shed light on the progress China has made in shoring up its IPR protection apparatus over the years. Just last month, the CNIPA released the “Outline for Building a Powerful Intellectu­al Property Country for 2021-22” and the “Annual Promotion Plan for the Implementa­tion of the 14th FiveYear Plan (2021-25)”.

Together, the two reports dealt with 115 points across seven major categories. As part of these plans, China intends to more actively participat­e in global IP governance, including in the World Intellectu­al Property Organizati­on and the World Trade Organizati­on. Additional­ly, China plans to pursue regional cooperatio­n with other economies and become party to multilater­al agreements. Also, the Supreme People’s Court as well as several regulatory agencies will continue to take measures to better protect IP.

China continues its move toward building a world-class IPR protection system. It has already set up courts specifical­ly to deal with IPR cases, starting with the IP court in Hangzhou and establishi­ng more such courts in other parts of the country.

China’s advance in this field could also provide a model for developing countries that hope to follow a similar trajectory in strengthen­ing their IPR regime. In short, China’s commitment to protecting IP across all facets of the economy is stronger than ever.

The Olympics showcase these milestones not only to people in China, but also to those in the rest of the world.

The progress made at the Olympics will only continue to translate into China becoming one of the foremost IPR protectors. The great degree of attention given to the Olympics will help further mold a collective IP consciousn­ess that will lead to more effective IPR protection enforced by the full power of the law.

 ?? JIN DING / CHINA DAILY ??
JIN DING / CHINA DAILY

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