The 15th Commissioners Meeting between the JPO and SIPO

December 9, 2008
Japan Patent Office

The 15th Commissioners Meeting between the Japan Patent Office (JPO) and the State Intellectual Property Office of the People’s Republic of China (SIPO) was held on December 8, 2008 in Tokyo.

Against the backdrop of deepening economic ties between Japan and China, the two Offices agreed to make concerted efforts to harmonize IP systems, which are indispensable for economic development, through such occasions as meetings to exchange opinions on revisions to the Implementing Regulations of the Patent Law of the People’s Republic of China, exchanges of data on industrial property (IP), dispatch of patent examiners, and continuation of the Meeting of Cooperation among Human Resource Development Organizations and Information and Communication Technology Experts Meeting.

1.Background

China has been working on a drastic reform of its IP system. In June 2008, it promulgated the Outline of the National Intellectual Property Strategy. Next year, the Patent Law will undergo a third revision.

The Chinese government must provide the adequate protection of inventions, designs, and brand names in its country to encourage Japanese industries to invest in China. The Japanese government, in cooperation with Japanese industries, will encourage China through various measures to create a more effective patent system and at the same time support China’s own efforts.

In addition to the exchange of information with SIPO on IP protection policies, the JPO has helped SIPO to develop examiners and other IP experts and to introduce an automated system. The 15th Commissioners Meeting between the two Offices is a result of the close ties between the two countries developed through these various programs.

2.Participants

The Japan Patent Office

The State Intellectual Property Office of the People’s Republic of China

3.Summary of the Meeting

The JPO-SIPO cooperation in the past has helped expand the IP systems in the two countries, and the cooperative relationship is expected to develop into a mutually beneficial one. At this Meeting, the two Offices agreed on the following.

(1) Exchanges of data on industrial property (IP) information

The two Offices agreed to exchange various data on patents, utility models, and designs including the text data of patents and utility models. Easier access to Chinese documents has been growing in importance in recent years and is now required for the JPO to carry out its business operations. The JPO will store exchanged Chinese patent documents in JPO databases, and JPO examiners will search these documents in its examination process.

(2) Cooperation in the field of automation

The two Offices shared the common understanding that Japan and China should steadily exchange IP data to grant a stable and high-quality right and electronically exchange priority documents for the purpose of user-friendliness. Based on this understanding, the two Offices agreed to hold the Information and Communication Technology Experts (ICTE) Meeting next fiscal year and thereby promote cooperative ties.

(3) Opinion exchange meeting on revisions to the Implementation Regulations of the Patent Law of the PRC

The third amendment bill of the Chinese Patent Law is now under discussion in the National People’s Congress (NPC). Opinions were widely heard about the draft revision of the Implementing Regulations which sets out detailed provisions. Considering these facts, the two Offices agreed to hold an opinion exchange meeting in the near future about the revision of the Implementing Regulations as part of their efforts to achieve IP systems harmonization between Japan and China.

(4) Mutual dispatch of patent examiners

It was confirmed through the dispatch of JPO examiners to SIPO this fiscal year that such an exchange program gives an examiner greater confidence in the search/examination results obtained by the Office to which he has been dispatched. The JPO and SIPO agreed to continuously exchange examiners next fiscal year with the aim of harmonizing examination practices in the as well as granting stable rights in the two Offices.

(5) Enhanced cooperation between human resource development institutions in Japan and China (National Center for Industrial Property Information and Training (INPIT) and the China Intellectual Property Training Center (CIPTC))

Raising awareness of the public (including educational institutions) of the importance of IP protection is indispensable for economic development and anti-counterfeiting measures in Japan and China. For this purpose, the two Offices agreed to continuously discuss future Japan-China cooperation programs such as symposiums for the public and the compilation of educational materials.

(6) Enhanced cooperation in the areas of design examination/appeal practices

Currently, at the NPC, the introduction of a requirement of uneasiness of creativity and a related design system in the Patent Law is discussed. The two Offices shared the understanding that the exchange of information about design examination practices is essential and therefore agreed to hold a meeting for reexamination between two Offices in the field of design during the next fiscal year.

(7) Promotion of human resource exchange

SIPO has made its active efforts in human resources development which include a dispatch of a research teams in November of this year to study how Japan develops human resources in the field of IP. Japan agreed to continuously assist SIPO in its efforts to develop human resources through such programs as acceptance of trainees from China. The two Offices agreed to seek ways to deepen their friendly ties with each other.

For inquiries

Mr. Akihiko INOMATA:	Deputy Director, International Affairs Division
Tel: 03-3581-1101 (Ext. 2564)
Tel: 03-3503-4698 (Direct line)

［Last updated 16 February 2024］

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International Affairs Division E-mail:PA0860@jpo.go.jp