IP BRICS: Openness, Inclusiveness, Cooperation and Win-win

文章来源: CHINA INTELLECTUAL PROPERTY NEWS
发布时间: 2018/3/28 10:19:00


 

On March 26,  2018, the heads of BRICS IPOs signed the joint statement in Chengdu, China.  Photo by Zhang Zihong


  National Institute of Industrial Property of Brazil


  Created in 1970, the National Institute of Industrial Property (INPI) is a federal autarchy linked to the Ministry of Industry, Foreign Trade and Services, responsible for the improvement, dissemination and management of the Brazilian system of industrial property. INPI's duties include: Trademarks registration; Patent grants; Technology Transfer and Franchising Contracts registration; Industrial Designs registration; Geographical Indications registration; Software registration; Topography of Integrated Circuits registration. By the end of 2016, INPI had 975 employees.


  Federal Service for Intellectual Property of Russia Federation


  The Federal Service for Intellectual Property (Rospatent) is the federal executive authority of the Russian Federation in charge of control and supervision in the area of legal protection and use of intellectual property rights, including patents and trademarks. Rospatent publishes the objects of intellectual property: Applications for inventions; Patents for inventions; Utility models and industrial designs; Trademark and service mark applications; Applications for the registration of appellations of origin; Trademarks and service marks; Appellations of origin; Well-known trademarks; Official registration of computer programs, databases, topographies of integrated circuits.


  Office of the Controller - General of Patents, Designs and Trademarks of India


  The Office of the Controller General of Patents, Designs and Trademarks of India(CGPDTM-India) under the Department of Industrial Policy and Promotion, Ministry of Commerce and Industry is responsible for grant of patents, registration of Designs & Trade Marks, Copyright, GI and layout design of integrated circuits in India under the ambit of respective Act and Rules. The Office is also responsible for the implementation of National IPR Policy and promotion of nationwide IPR awareness in collaboration and coordination with related offices.The Indian IP Office is located in Bombay. The offices under the administrative control of Controller General of Patents, Designs and Trademarks have shown consistent growth over the years.


  State Intellectual Property Office of the People's Republic of China


  The main responsibilities of the State Intellectual Property Office (SIPO) include IPR protection work, improving the construction of IPR protection system, registration, examination and right determination and administrative adjudication of trademark, patent and geographical indication and instructing law enforcement work of trademark and patent, etc. In recent years, China's invention application kept a good momentum.  In 2017, the SIPO received 3,699,000 pieces of applications for the three kinds of patents, wherein 1,382,000 for invention patents, increasing by 14.2% compared with the previous year, and 1,688,000 pieces for utility model patents and 629,000 pieces for design patents. In 2017, SIPO received 51,000 international applications through PCT route, increasing by 12.5% compared with the previous year.


  Companies and Intellectual Property Commission of South Africa


  The Companies and Intellectual Property Commission (CIPC), is an organ of the state established on 1st May 2011 in terms of the Companies Act, as entity within the Department of Trade and Industry. On its establishment CIPC merged the office of Companies and Intellectual Property Enforcement (OCIPE) which was a division with the Department of Trade and Industry, and the Companies and Intellectual Property Registration Office (CIPRO)。 South Africa receives on average 9,000 applications a year; 10% are local applications (first filings); about 75% are national phase or foreign applications (second filings) and about 15% are patent applications originating from South Africa, filed abroad.


Joint Statement on Strengthening Intellectual Property Cooperation


  On 26 March 2018, the Heads of the National Institute of Industrial Property of Brazil (INPI), the Federal Service for Intellectual Property of Russia Federation (ROSPATENT), the Office of the Controller-General of Patents, Designs and Trademarks of India (CGPDTM), the State Intellectual Property Office of the People's Republic of China (SIPO) and the Companies and Intellectual Property Commission of South Africa (CIPC) (hereinafter referred to as the "BRICS IPOs") met in Chengdu, China, at the 10th Heads Meeting of BRICS IP Offices.


  The Heads of BRICS IPOs jointly reviewed the sustained progress made within last six years through BRICS IP cooperation, explored ways to further strengthen IP cooperation among BRICS countries, and made the following joint statement:


  We commend a series of cooperation activities and pragmatic achievements made since the BRICS IPOs initiated cooperation in 2012, including the formulation of "BRICS Intellectual Property Offices Cooperation Roadmap" and BRICS IPOs' mandates under the said Roadmap, the launching of a regular Examiners' Training Program for BRICS IPOs' patent examiners, the consensus reached in the matter of international cooperation and collaborations, the growing development of cooperation in the fields of information service on IP, IP/patent processes and procedures, IP strategies of medium, small and micro sized enterprises, etc. At the same time, we welcome active involvement in coordination at international fora, delivering unified BRICS voice on major international IP issues, and making contributions to IP and economic development of the BRICS countries.


  Recognizing that:


  Intellectual Property has become important resources for national development, playing significant roles in stimulating innovation and promoting economic development.


  The BRICS IPOs are taking more and more important positions in world IP field. Maintaining close cooperation among BRICS IPOs is in the common interest of BRICS countries, which helps in creating favorable environment for innovation and sustainable development, and promoting IP development in emerging economies.


  The BRICS IP cooperation shall fully take into consideration and respect the differences of economic development level, culture, innovating capacity and legal systems among BRICS countries.


  We agree to identify visions and directions for future cooperation activities on the existing cooperation basis and to strive for reaching the following cooperation objectives:


  ■ Promote IP development in BRICS countries;


  ■ Provide better services to BRICS IP users and the public;


  ■ Enhance the voice and representativeness of BRICS countries in the development of global IP system.


  Based on the above cooperation objectives and as agreed and executed within the framework of "BRICS Intellectual Property Offices Cooperation Roadmap", we will consider cooperating in the following fields and other potential areas:


  1. Contribute to exchanges and cooperation on IP laws, regulations and policies.


  Within the scope of each IPO's competence encourage the development of IP with the concept of mutual benefit, making exchanges on the information and experience of each country's IP related laws, regulations and policies.


  Strengthen IP exchanges and cooperation in both traditional and emerging areas (like genetic resources, traditional knowledge, folklore and IP in internet environment), jointly promote the development of relevant IP systems.


  2. Strengthen capacity building to provide convenient and efficient services to the public and IP users, and help them better utilize IP system.


  Carry out cooperation and experience sharing on IP registration and examination capacity building.


  Encourage exchanges and cooperation among user groups including IP service departments and other relevant agencies.


  3. Support exchanges and cooperation on enhancing public IP awareness.


  Encourage IP publicity activities to develop the culture of respecting IP, and support exchanges and cooperation on World IP Day and related activities.


  Encourage and guide the market entities to strengthen IP utilization, promote exchanges and cooperation especially on improving the IP utilization capacity of medium, small and micro sized enterprises.


  4. Cooperate on fostering education in the IP field.


  Continue to support exchanges and cooperation on the training of IP examiners and administrative staffs, namely by organizing yearly Training Program for BRICS IPOs' patent examiners.


  Support the exchanges and cooperation on capacity building of IP service personnel among BRICS countries.


  Support exchanges and cooperation on talents cultivation through long distance education.


  5. Strengthen sharing and utilization of IP information.


  Support IP information sharing and data exchanges within the scope of each other's laws and regulations and in accordance with each office's capacity and demand.


  Encourage the constant opening-up and sharing of IP data and information resources towards the public, strengthen information service to IP users.


  Establish and open BRICS IP website to the public for facilitating the information accessibility of the public.


  6. Continue to cooperate on coordination at international IP Fora.


  Reaffirm the support to WIPO for its central role in international IP affairs.


  Encourage the BRICS countries to continue strengthening communication on issues of common interest at multilateral platforms including WIPO, and deliver BRICS voice at international arena on consensus.


  7. Continue to strengthen the building of BRICS cooperation mechanism.


  Continue to strengthen the coordinating role of high-level meetings including the Heads Meeting in IP BRICS cooperation, optimize cooperation mechanism at various levels, and constantly deepen cooperation.


  Carry out work in accordance with the cooperation Roadmap agreed by BRICS IPOs, and will also explore to upgrade the Roadmap regularly based on the progress in each cooperation stream.


  The four offices of Brazil, Russia Federation, India and South Africa commend the work of SIPO as the Chair Office of IP BRICS cooperation mechanism in 2018, and extend sincere gratitude to SIPO for hosting the 10th Heads Meeting of BRICS IPOs.


  Brazil, Russia Federation, India and China will support South Africa in all efforts to host Heads meeting of BRICS IPOs and other relevant activities.


  Signed in Chengdu, China


  26 March 2018


  Mr. Luiz Otavio Pimentel


  President


  the National Institute of Industrial Property of Brazil


  Mr. Grigory Ivliev


  Director General


  the Federal Service for Intellectual Property of Russia Federation


  Mr. Om Prakash Gupta


  Controller General


  the Office of the Controller-General of Patents, Designs and Trademarks of India


  Dr. SHEN Changyu


  Commissioner


  the State Intellectual Property Office of the People's Republic of China


  Mr. Rory Voller


  Commissioner


  the Companies and Intellectual Property Commission of South Africa


 


  (Editor Li Xingyi)


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