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Article Number: 4727
China opens up on intellectual property, New Web site gives access to legal resources
By Matthew Spieler
BEIJING—With intellectual property (IP) and patent protection a hot topic over the last decade, a new Web portal, China IP Law Search, has been launched. The free search tool, located at ipr2.org/ipsearch, is designed to help users find and access legal resources on the current legislative framework of IP protection and enforcement in China.

IP and patent protection has become increasingly enforced over the last decade with manufacturers suing one another over infringements on an almost daily basis. The flooring industry has not been immune to this, especially with regard to products utilizing a mechanical locking system for installation purposes, such as in the laminate and wood sectors.

One of the big areas of dispute over IP has been between Western manufacturers and those in Asia, particularly China, as U.S. and European manufacturers have claimed, rather successfully, that their Eastern competitors have stolen or infringed on their patented technologies.

China IP Law Search aims to bridge the gap in this area by providing widespread public access to IP-related information both in English and Chinese.

The portal is part of a joint initiative launched in 2007 by the European Union and China on the protection of intellectual property rights. Known as the EUChina IPR2 Project, its goal is to strengthen the enforcement of IP rights by targeting the reliability, efficiency and accessibility of the IP protection system in China.

Wang Yang from China’s Ministry of Commerce said this is done by closely co-operating with and providing technical support to the different levels of the Chinese legislative, judicial, administrative and enforcement authorities. She cited China IP Law Search as an example of “the close co-operation between China and Europe in IP protection.”

The European Commission’s Rudie Filon added the tool “provides, for the first time, a comprehensive, bilingual collection of legal references immediately relevant to IP in China. It will be a valuable support tool for anyone working, studying or simply interested in the Chinese IP environment.”

While the site was developed through funding by Europe and China, Tamryn Barker, a member of the IPR2 Project, told FCNews it is a public site open to any user group including those in the U.S.

Put simply, the site enables users to search legal texts in the key areas of IP, including patent, trademark and copyright laws; customs protection; dissemination of information on the Internet; new plant varieties and unfair competition.

Barker said at its launch, China IP Law Search includes more than 140 legal texts, including laws, ministry rules and judicial interpretations covering the major fields of IP such as administrative and administrative procedure law; copyrights; civil and criminal procedures and laws; geographical indications; integrated circuit layout designs; technology transfer; trademarks, and unfair competition and anti-monopoly.

She noted the full English text of each reference can be downloaded. Where a full translation is not freely available, a commercial source is offered.

Organizers said the site will be updated on an ongoing basis as new laws are adopted and take effect and as previous legislations are revised, and their respective translations are made available.

While this portal is a tool for only finding information about IP in China, officials do foresee a similar bilingual platform for European IP-related laws being developed down the road.

As for the U.S. Barker said there is not another tool like this set-up between the U.S. and China. “I am aware that the U.S. is supporting China with IP legal information— specifically, the China International Electronic Commerce Center, under the Ministry of Commerce, which is building up China’s IP information platform at ipr.gov.cn to better address the needs of foreign stakeholders.”

For more, visit ipr2.org/ipsearch.