Chinese Foreign Trade Law Jiaxiang Hu Professor of Law, School of Law, SJTU

Chapter Six Foreign-trade-related Intellectual Property Protection I. Intellectual Property Rights and Foreign- trade-related Intellectual Property Protection 1. The History of Intellectual Property Protection (1) Paris Convention (1884) (2) Berne Convention (1886) (3) Madrid Protocol (1892) (4) The World Intellectual Property Organization Convention (1970)

Chapter Six Foreign-trade-related Intellectual Property Protection 2. Trade-related Intellectual Property Protection (1)The Necessity and Dilemma to Protect Intellectual Property Rights in International Trade (2)TRIPS and the Obligation of WTO Members to Protect Intellectual Property Rights

Chapter Six Foreign-trade-related Intellectual Property Protection II. The Intellectual Property Rights Protected by TRIPS 1.Copyright and Related Rights 2.Trademarks 3.Geographical Indications 4.Industrial Designs 5.Patents

Chapter Six Foreign-trade-related Intellectual Property Protection 6.Layout-Designs (Topographies) of Integrated Circuits 7.Protection of Undisclosed Information 8.Control of Anti-Competitive Practices in Contractual Licences

Chapter Six Foreign-trade-related Intellectual Property Protection III. The Obligation of WTO Members to Protect Intellectual Properties Article 29 of Foreign Trade Law …Where any of the import goods violates any intellectual property right and, at the same time, endangers the foreign trade order, the foreign trade department of the State Council may take such measures as prohibiting the import of the relevant goods that the infringer has produced or sold for a certain period of time. …Where any of the import goods violates any intellectual property right and, at the same time, endangers the foreign trade order, the foreign trade department of the State Council may take such measures as prohibiting the import of the relevant goods that the infringer has produced or sold for a certain period of time.

Chapter Six Foreign-trade-related Intellectual Property Protection Article 30 of Foreign Trade Law In case any intellectual property right holder commits any of the acts of hindering the licensee from questioning the validity of the intellectual property right involved in the license agreement, conducting forced package license, or providing exclusive selling back conditions in the license agreement, etc. and, at In case any intellectual property right holder commits any of the acts of hindering the licensee from questioning the validity of the intellectual property right involved in the license agreement, conducting forced package license, or providing exclusive selling back conditions in the license agreement, etc. and, at

Chapter Six Foreign-trade-related Intellectual Property Protection the same time, endangers the fair competition order of foreign trade, the foreign trade department of the State Council may take necessary measures to eliminate such danger. the same time, endangers the fair competition order of foreign trade, the foreign trade department of the State Council may take necessary measures to eliminate such danger.

Chapter Six Foreign-trade-related Intellectual Property Protection Article 31 of Foreign Trade Law Where any country or region fails to grant national treatment to the legal persons, other organizations, or individuals of …China in the protection of intellectual property rights, or fails to provide sufficient and effective intellectual property protection to the goods, Where any country or region fails to grant national treatment to the legal persons, other organizations, or individuals of …China in the protection of intellectual property rights, or fails to provide sufficient and effective intellectual property protection to the goods, technologies or services whose origin is… technologies or services whose origin is…

Chapter Six Foreign-trade-related Intellectual Property Protection China, the foreign trade department of the State Council may, according to the present Law or any other law or administrative regulation, and according to the international treaties or agreements that …China has concluded or acceded to, take necessary measures against the trade with the said country or region. China, the foreign trade department of the State Council may, according to the present Law or any other law or administrative regulation, and according to the international treaties or agreements that …China has concluded or acceded to, take necessary measures against the trade with the said country or region.

Chapter Six Foreign-trade-related Intellectual Property Protection Questions for Discussion Questions for Discussion Question One Question One What is the relationship between the TRIPS and other international conventions on intellectual property protection? What is the relationship between the TRIPS and other international conventions on intellectual property protection? Question Two Question Two What are the minimum obligations of WTO Members in the protection of intellectual property for other Members? What are the minimum obligations of WTO Members in the protection of intellectual property for other Members?