On September 13, Quality Brands Protection Committee of China Association of Enterprises with Foreign Investment (QBPC)Legal Committee held a kick-off meeting for the project of Guideline on the Management of Civil Litigations in relation to Intellectual Property Rights. The meeting was presided over by Michael Yu, Legal Committee Chair of QBPC. Members of the relevant research group of the project partner Beijing JUSTRA Intellectual Property Center (JUSTRA) and nearly 70 representatives of QBPC member companies attended.
Xia Huan, project team member of JUSTRA, briefly introduced the background, research content and expected results, research plan and methodology of the project.
The background of the project. Under the existing circumstances and trend of strengthening the protection of IPR, in terms of the judicial environment, China had strengthened the all- around protection of IPR in legislation, law enforcement and judicature, and severely cracked down on IP infringement and related illegal acts. In order to maximize the protection on their legitimate rights and interests, right holders had also paid more and more attention to the internal and external coordination as well as management of IP litigation cases. IP litigation was extremely important to brand protection, and it was highly specialized. Only with an efficient and scientific management system could right holders better protect IPR, avoid risks and control losses. The project aimed to provide QBPC members with guidance on litigation management through the experience and precautions of IP civil litigation cases, It might help the readers to create value for their companies through professional litigation.
The main research content. This project was divided into claimant part and defendant part of IPR civil infringement litigation. The general items included the case internal approval, the selection and management of external law firms, the procurement of legal services, the handling of authorization materials, public relations strategy and the legal duration of related litigation activities. The special items for the management of the claimant case of the IP civil infringement action, including the investigation of the infringement and the fixation of evidence in the preparation for prosecution, the application for coercive measures during litigation, the case publicity after the lawsuit, etc. The special items of the defendant case management included the temporary handling mechanism of the alleged infringing products or content, the service of documents, objection to jurisdiction, adoption of countermeasures, court trial, reconciliation and mediation, litigation review and so on.
The methodology of research included but was not limited to corporate interviews, regulatory retrievals, case studies and expert panels etc.
Finally, the project team would create “Research Report of Guideline on the Management of Civil Litigations in relation to Intellectual Property Rights”, which aimed at providing member companies with a practical guide to IP civil litigation with learning, research and practical value. It was hoped that the project could contribute to optimizing the IP litigation process of QBPC members and improving the value of corporate legal litigation.
In Q&A session, Michael Yu and Zhang Han, project team member of JUSTRA, exchanged views with members on the key and difficult issues in IP civil litigation cases. Based on their own work experience in IPR civil litigation, the representatives of QBPC members raised many issues worth further study. In the end, Michael Yu briefly summarized the opening meeting and looked forward to future participation by members to follow up the project.