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High-level Workshop on Intellectual Property Rights and Economic Development in China:
Meeting Challenges and Opportunites Following WTO Entry

AGENDA

DAY I: Tuesday 20 April 2004

9.00-9:30 Welcome and Opening Remarks

Chair: Mr. LI Yuiguang, Vice Commissioner of SIPO

• Congratulation Letter by Vice Premier Mme. WU Yi, read by Mr. WANG Jingchuan, Commissioner of SIPO, China
• Mr. LU Zhiqiang, Vice President, Development Research Centre, State Council (DRC)
• Mr. ZHANG Quin, Deputy Commissioner of State Intellectual Property Office (SIPO)
• Mr. Herwig SCHLÖGL, Deputy Secretary General, OECD

9:30-10:30 Keynote Speeches: IPR and Social and Economic Development

Chair: Ms. SUN Lanlan, Director-General, Department of International Affairs, DRC

• Mr. DENG Jun, Director, Development and Research Center, SIPO, China
• Mr. John BARTON, Chair of the UK Commission on Intellectual Property Rights
• Mr. Michael SCHIFFER, Chief IP Counsel, Baxter Healthcare, United Kingdom

10:30-10:45  Tea and Coffee break

10:45 SESSION 1: IPR Policies, Technology Innovation and Economic Growth: Trends and New Directions for Policy

IPR regimes play a key role in the way private firms and research institutions develop, acquire and manage their knowledge assets. Through their influence on the pace, patterns and diffusion of technological progress, as well as on competition, they have a strong impact on innovative capacity and economic performance of both advanced and less developed countries. In many OECD and non-member countries the transition to a knowledge-based economy characterised by the increasing importance of technology-intensive sectors and the efficient management of intellectual assets has given rise to changes in governments’ IPR policies and firm’s strategies concerning IPR management. This session will focus on highlighting the evolving relationships between IPR, technological innovation and economic performance, and the implications for changes in IPR regimes and business IPR strategies.

Chair: CHEN Zhonghua, Secretary General, SIPO, China

• The Importance of IPR Protection for Promoting National Competitiveness of China: LU Wei, Deputy Director-General, Technical Economics Department, DRC, China
• Trends of IPR Development in the Global Economy (with the emphasis on Non-OECD countries): Geoffrey YU, Deputy Director General, World Intellectual Property Organisation (WIPO)
• Strengthening IPR regimes in Knowledge-Based Economies: Trends in OECD countries: Catalina MARTINEZ, Economist, Directorate for Science, Technology and Industry, OECD
• Intellectual Property Rights Stimulate Innovation in the Industrial Environment: Ruud PETERS, Chief Executive Officer, Philips Intellectual Property & Standards
• Intellectual Property Rights and Business - an Increasingly Essential Foundation for Innovation and Economic Growth in the 21st Century: Richard JOHNSON, Senior Partner, Arnold & Porter, and Vice Chairman of Committee on Technology, Business and Industry Advisory Committee (BIAC) to the OECD

12:25  Discussion

12:55- 14:15 Lunch hosted by DRC and SIPO

14:15  SESSION 2: Antitrust policy and IPR protection

The interface between IPRs and antitrust raises important economic and legal issues. For many years, it was thought that the two systems were inherently in conflict. More recently, it generally has been recognized that the two systems are complements and that both seek to promote innovation and the development of new technologies and products.  Determining the line where one system should end and the other one should start, however, is not always easy. This session will focus on questions of competition policy and competition law enforcement in connection with IPRs, including a discussion of a recent U.S. FTC report on IP policy and competition, competition issues raised in connection with bilateral and multilateral license agreements, and the tensions between IP and antitrust when firms with significant market power refuse to grant competitors access to its IPRs. 

Chair: Andreas REINDL, Administrator, Directorate for Financial, Fiscal and Enterprise Affairs, OECD

• Intellectual Property Rights and Antitrust - an Overview of Economic and Legal Issues: John BARTON, Professor, Stanford University Law School, United States
• Intellectual Property and Antitrust   the Situation in China: WANG Xianlin, Professor of Anhui University, China
• Competition and Patent Law and Policy – Maintaining the Proper Balance: William E. COHEN, Associate General Counsel for Policy Studies, U.S. Federal Trade Commission

15:45-16:00  Tea and Coffee break

• Licensing and Antitrust Policy in the United States: Michael S. McFALLS, Jones Day, United States
• Unilateral Practices of Right Holders with Significant Market Power - the European Experience: Sarah TURNBULL, SJ Berwin, United Kingdom

16:40 Discussion

17:00-18:00 Panel Discussion
Chair: Dominique GUELLEC, Chief Economist, European Patent Office

Panellists

• William E. COHEN, Associate General Counsel for Policy Studies, U.S. Federal Trade Commission
• LU Wei, Deputy Director-General, Technical Economics Department, DRC, China
• Ichiro NAKAYAMA, Deputy Counsellor, Intellectual Property Strategy Headquarters, Cabinet Secretariat of Japan
• ZHANG Quin, Deputy Commissioner of State Intellectual Property Office (SIPO)
• Ruud PETERS, Chief Executive Officer, Philips Intellectual Property & Standards

18:15  Reception hosted by DRC and SIPO

DAY II: Wednesday 21 April 2004

09:00  SESSION 3: Policy Coherence and Institutional Design of Modern IPR Regimes

IPR regimes differ among countries, notably as a result of different institutional settings but also because they are a component of a broader policy mix, including science and technology, competition and trade policies that have a direct or an indirect influence on their design, implementation and enforcement. This session aims to exchange views and experience on what core policy components are required to form a modern IPR system, how governments can improve the coherence of IPR policies and other relevant policies, and on how governments can improve the institutional design to enhance the functioning of an IPR regime. Experience of some OECD countries, such as Japan and Korea, in adjusting their policies and institutional setup to enhance the protection of IPR in the process of their transition to knowledge intensive and globalised economies will also be explored in the context of the China’s integration into the world economy following the accession to WTO.

Chair: Daniel MALKIN, Head of Science and Technology Policy Division, Directorate for Science, Technology and Industry, OECD

• The Architecture of Policies on IPR, and the Institutional Setup for Effective Implementation of IPR Policies - The US Experience: Richard WILDER, Partner, Sidley, Austin Brown and Wood LLP, United States
• Enhancing the IPR Protection in Transition to an Open Economy - the Korean Experience: LEE Keun, Seoul National University, Korea
• Enhancing the IPR Protection - the Japanese Experience: Ichiro NAKAYAMA, Counsellor, Intellectual Property Strategy Headquarters, Cabinet Secretariat of Japan
• A Patent System for Supporting Economic Development - Some Lessons from Europe: Dominique GUELLEC, Chief Economist European Patent Office
• The Business Perspective on the Need for Improving Policy Coherence and Institutional Efficiency of IPR Regimes: Måns EKELÖF, Vice President, Intellectual Properties, Ericsson

11:15-11:30 Tea and Coffee break

11:30 SESSION 4: Enhancing IPR Protection: Special Challenges for Developing Countries

China's Membership in the WTO will undoubtedly pose serious challenges to China's IPR regime, which needs to be gradually brought in line with the TRIPS. Yet, like for other developing countries, the design of China’s IPR policy needs to manage a balance between the need to protect IPRs, to promote technological diffusion, and to develop the domestic industry. This session will explore what strategies may be most appropriate for China to adopt in reforming its IPR regime, taking into consideration of China’s level of economic development, in particular, its need to build domestic industry and innovation capability.

Chair: John BARTON, Chair of the UK Commission on Intellectual Property Rights

• Technology Innovation Policies and IPR Protection in China: ZHANG Jing-an, Director-General, Department of Policy and System Reform, Ministry of Science and Technology (MOST), China
• TRIPs and Developing Countries: the On-Going Debate: Jayashree WATAL, Counsellor, Intellectual Property Division, World Trade Organisation (WTO)
• Developing Countries and Trade-Related Intellectual Property Rights: Recent   Work by the OECD Trade Directorate: Douglas LIPPOLDT, Principal Administrator, Trade Directorate, OECD
• Balancing IPR Protection and a Developing Country’s Needs: Adrian PATERSON, Chief Operating Officer, Department of Science & Technology, South Africa

12:50 Discussion

13:15-14:45 Lunch hosted by DRC and SIPO

14:45 SESSION 5: Improving Enforcement of IPRs following China’s WTO entry

In China, improving enforcement of IPR protection is as important as improving IPR legislation. Furthermore, improving enforcement requires not only an effort by the government, but also an improvement of the business sector’s understanding of IPR protection, and changes in business strategy and market behaviour. This session will focus on 1) reviewing the changes that have occurred, or are under way, in China to enhance the enforcement of IPR protection, and 2) discussing changes in IPR strategies adopted by Chinese ,as well as foreign enterprises in China, in response to the challenges and opportunities for better IPR protection following China’s WTO entry.

Chair: Jayashree WATAL, Counsellor in the Intellectual Property Division, WTO

• Improvements of IPR Protection Following China’s WTO Entry and Remaining Challenges: Hong ZHAO, Deputy Director-General, Dept of Legal Affair, Ministry of Commerce, China
• The U.S Experience on IPR Enforcement and IPR Co-Ordination: Elaine WU, Attorney-Advisor, U.S. Patent and Trademark Office
• Challenges and Opportunities in IPR Facing Chinese Traditional Industry: ZHOU Dahu, President of Wen Zhou Lighter Industry Association, China
• International Experience on Enhancing the Enforcement of IPR Protection: Timothy TRAINER, President, International AntiCounterfeiting Coalition, Inc.

16:05 Discussion

16:30– 16:45  Tea and coffee break

16:45-18:00 Concluding Panel
Chair: Geoffrey YU, Deputy Director General, WIPO

• Introduction to issues for discussion: Jerry SHEEHAN, Principal Administrator, Directorate for Science Technology and Industry, OECD
• Takashi ISHIDA, Technology Advisor, Corporate Research and Development, Mitsubishi Electric Corporation, Japan
• Jayashree WATAL, Counsellor in the Intellectual Property Division, WTO
• John BARTON, Professor, Stanford University Law School, United States
• LU Wei, Deputy Director-General, Technical Economics Department, DRC, China
• DENG Jun, Director, Development and Research Center, SIPO, China

18:00-18:30 CLOSING REMARKS
Chair: Mr. CHEN Zhonghua, Secretary General, SIPO, China

• Mr. Zhiqiang LU, Vice President, Development Research Centre, State Council
• Mr. JIAN Lipu, Vice Commissioner of SIPO
• Mr. Takayuki MATSUO, Director for Science, Technology and Industry, OECD

18:30  ADJOURNMENT

Click here for the workshop proceedings.

Also available here is the STI Working Paper "An Emerging Knowledge-Based Economy in China? Indicators from OECD Databases"

Related Documents

Proceedings of OECD-China Dialogues on Intellectual Property Rights Policy and Enforcement

Patents and Innovation: Trends and Policy Challenges

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