ArchiveICUK IP Workshop in Nanjing
To further facilitate the UK-China knowledge transfer collaboration, ICUK organized a small-scale Intellectual Property (IP) workshop in Nanjing on 5th November for ICUK project managers and academics who were in Nanjing to attend the 1st Jiangsu International Technology Transfer Conference. The IP workshop invited IP specialists from both the UK and China to look at some key issues in Intellectual Property & technology collaboration in China, IP protection in international science and technology collaboration.
Mr Graeme Hall, partner from Marks & Clerk Hong Kong outlined the major differences between UK and Chinese patent law at the workshop and stressed that in terms of making a patent application, the processes in the two countries were very similar indeed and more differences exist when pursuing infringement actions. Graeme Hall was also keen to promote that western criticisms of IPR protection in China was overstated and that the situation had improved rapidly over the past ten years and would continue to improve into the future. Mr Graeme Hall’s presentation was followed by a Q& A session and a surgery session for those IP questions previously identified by ICUK project managers and academics.
Mr Haijun Jiang, an IP lawyer from Nanjing Law Firm of Intellectual Property addressed the workshop on some key issues relating to IP protection in joint technology projects which focused on the unique measures in Chinese IP protection, including first filing of patents, assignment of rights and constraints on operating in the fields relating to national security. Issues relating to technology import and export were also discussed along with special cases wherein a technology contract in China may be deemed to be null and void. Emphasis was placed on the need for a well written and properly translated contract under all circumstances. Dr Jiang’s presentation was followed by consideration of two case studies:
1. The synergistic antimalarial composition project involving Novartis in cooperation with the Chinese Academy of Military Medical Science
2. Dispute about Patent ownership between California Industrial Fabrics (CIF) and Yizheng Reinforced Plastic Fabrics Co. Ltd (YRPF)
These case studies gave the audience concrete examples of experiences in dealing with contracts and infringement in technology transfer cases in bilateral collaboration.
