参与了《中国企业知识产权海外维权手册》一书的编写工作。2008年6月24日星期二
2007年9月14日星期五
Compulsory Licensing of Patents
James Packard Love, Knowledge Ecology International Research Note:Recent examples of the use of compulsory licenses on patents
"This paper reports on a number of recent examples of the use of compulsory licenses, in both developed and developing economies. The examples cover a wide variety of technologies, legal mechanisms, and grounds for non-voluntary authorizations to use patents."
As regards China, it used the threat to a compulsory license to obtain voluntary licenses to manufacture generic Tamiflu in 2005.
2007年8月28日星期二
2007年8月22日星期三
WIPO PATENT REPORT 2007
WIPO PATENT REPORT 2007 - Statistics on Worldwide Patent ActivitiesSome highlights in this report:
1 Very high growth rates in patent filings by applicants from North East Asian countries, particularly Korea and China. It is clear that this is a process that is ongoing.
2 Filings of PCT international applications from Korea and China have grown significantly since 2002, to the point where both countries are now within the top ten of origin of PCT international applications.
3 China’s ranking on Indicators of Patent Intensity, which compare patent filings with other indicators, namely population, GDP and R&D expenditures, remains low. These indicators allow for more meaningful cross-country comparisons by weighting the number of patents by different measures of country size and economic activity.
4 The increase in patent filings from newly industrialized countries does not yet translate into ownership of patent rights internationally by applicants from those countries. Of the approximately 5.6 million patents in force in 2005, 49% were owned by applicants from Japan and the United States. The major European countries are also strongly represented in ownership of patent rights.
5 Patent applications filed in the field of electricity and electronics represented 35% of worldwide patent filings between 2000 and 2005. Patent filings in this technology field are concentrated in the patent offices of Japan and the United States followed by Korea, the European Patent Office and China.
2007年5月30日星期三
蒋志培：中国保护知识产权是真诚的
“中国保护知识产权是真诚的。”
“他（指蒋志培）告诉记者，对知识产权的保护的确很大程度上是在发达国家压力和推动下进行的，这也符合融入全球经济化大潮的趋势，但我们对自己特殊的国情和走创新发展道路需要怎样的知识产权制度支撑，研究还不是很透彻。因此，中国亟待建立我们自己的有特色的知识产权保护机制。”
“在处理涉外侵权纠纷案件中，除了对专业性要求高，法官还往往受到两方面的压力。一方面，国内往往有某种片面情绪，要求保护国家利益、民族利益；另一方面，起诉者也往往以国外的标准和习惯要求保护他们在华的知识产权。法官如果掌握不好分寸，就会对法治造成破坏。”
我非常同意这些判断，而且，我也想起了由英国国际发展国务大臣Clare Short设立的英国知识产权委员会在2002年9月发布的一份“知识产权与发展政策相结合”的报告。该报告试图尽力考虑如下议题：“
1 how national IPR regimes could best be designed to benefit developing countries within the context of international agreements, including TRIPS;
2 how the international framework of rules and agreements might be improved and developed – for instance in the area of traditional knowledge – and the relationship between IPR rules and regimes covering access to genetic resources;
3 the broader policy framework needed to complement intellectual property regimes including for instance controlling anti-competitive practices through competition policy and law. ”
“他（指蒋志培）告诉记者，对知识产权的保护的确很大程度上是在发达国家压力和推动下进行的，这也符合融入全球经济化大潮的趋势，但我们对自己特殊的国情和走创新发展道路需要怎样的知识产权制度支撑，研究还不是很透彻。因此，中国亟待建立我们自己的有特色的知识产权保护机制。”
“在处理涉外侵权纠纷案件中，除了对专业性要求高，法官还往往受到两方面的压力。一方面，国内往往有某种片面情绪，要求保护国家利益、民族利益；另一方面，起诉者也往往以国外的标准和习惯要求保护他们在华的知识产权。法官如果掌握不好分寸，就会对法治造成破坏。”
我非常同意这些判断，而且，我也想起了由英国国际发展国务大臣Clare Short设立的英国知识产权委员会在2002年9月发布的一份“知识产权与发展政策相结合”的报告。该报告试图尽力考虑如下议题：“
1 how national IPR regimes could best be designed to benefit developing countries within the context of international agreements, including TRIPS;
2 how the international framework of rules and agreements might be improved and developed – for instance in the area of traditional knowledge – and the relationship between IPR rules and regimes covering access to genetic resources;
3 the broader policy framework needed to complement intellectual property regimes including for instance controlling anti-competitive practices through competition policy and law. ”
回答这些问题，需要可靠的证据，实证的研究，广泛的咨询，审慎的评估，而不是武断、盲从、轻率和冒进。今天，在中国，这方面有份量的工作，据我所知，还是很少。蒋志培法官的忧虑是否亦在于此？
2007年5月25日星期五
Gowers review of intellectual property from UK
In December 2005, the Chancellor and the Secretaries of State for Trade and Industry, and Culture, Media and Sport asked Andrew Gowers to "establish whether the (IP) system was fit for purpose in an era of globalisation, digitisation and increasing economic specialisation."
Andrew Gowers' answer is a qualified 'yes' in the Review published on 6th December 2006.
"I do not think the system is in need of radical overhaul. However, taking a holistic view of the system, I believe there is scope for reform to serve better the interests of consumers and industry alike. There are three areas in which the Review concentrates its recommendations to improve the UK framework for innovation:
1 strengthening enforcement of IP rights, whether through clamping down on piracy or trade in counterfeit goods;
2 reducing costs of registering and litigating IP rights for businesses large and small; and
3 improving the balance and flexibility of IP rights to allow individuals, businesses and institutions to use content in ways consistent with the digital age."
The Review is convincing due to its "evidence-based approach" and supplemental analysis from external experts, including examination of "economic impact of changes to the length of copyright term on sound recordings, and the question of orphan works". "The Review also consulted widely with a range of stakeholders in industry, academia and the public sector."
Listed 54 recommendations in the Review are of insight, and some are also valuable to China.
The UK Intellectual Property Office (UK-IPO) has published a timetable for the implementation of the Gowers Review recommendation.
1 strengthening enforcement of IP rights, whether through clamping down on piracy or trade in counterfeit goods;
2 reducing costs of registering and litigating IP rights for businesses large and small; and
3 improving the balance and flexibility of IP rights to allow individuals, businesses and institutions to use content in ways consistent with the digital age."
The Review is convincing due to its "evidence-based approach" and supplemental analysis from external experts, including examination of "economic impact of changes to the length of copyright term on sound recordings, and the question of orphan works". "The Review also consulted widely with a range of stakeholders in industry, academia and the public sector."
Listed 54 recommendations in the Review are of insight, and some are also valuable to China.
The UK Intellectual Property Office (UK-IPO) has published a timetable for the implementation of the Gowers Review recommendation.
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