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On May 16, 2022, the State Intellectual Property Office held a regular press conference in May to introduce the relevant situation of the entry into force and implementation of the "Hague Agreement", and invited relevant comrades from the National Copyright Office to introduce the relevant situation of the entry into force and implementation of the "Marrakesh Treaty" , jointly answered questions from the media.

Dear friends from the media, good afternoon. Welcome to attend the special press conference jointly organized by the State Intellectual Property Office and the National Copyright Administration. According to the needs of epidemic prevention and control, this press conference was held online. On May 5, the Hague Agreement on the International Registration of Industrial Designs and the Marrakesh Treaty on Facilitating Access to Published Works by Blind, Visually Impaired or Other Print Disabled Persons officially came into effect in China. The entry into force and implementation of these two international treaties is of great significance to my country's economic and social development. At the same time, it is also an important result of my country's strengthening of international cooperation on intellectual property, marking a new step for China to deeply participate in world intellectual property governance.

In order to better publicize the importance of the two international treaties, introduce and demonstrate the new changes and new progress brought about by the effective implementation of the treaties, today we invited Wei Baozhi, Director of the Examination Business Management Department of the Patent Office of the State Intellectual Property Office, and National Intellectual Property Office Bian Yongjun, deputy director of the Design Examination Department of the Patent Office of the Intellectual Property Office, and Zhao Xiuling, deputy director of the Copyright Administration Bureau of the Central Propaganda Department, attended the press conference to introduce the relevant situation and answer everyone's questions. I am the host of this conference, Zeng Yanni, spokesperson of the State Intellectual Property Office.

First, I would like to invite Minister Wei Baozhi of the Examination Business Management Department of the Patent Office of the State Intellectual Property Office to introduce the relevant situation of the entry into force and implementation of the Hague Agreement.

Thank you host! I would like to take this opportunity to thank all friends from the news media for their concern, attention and support for China's accession to the Hague Agreement. Next, I will introduce the main contents of the Hague Agreement, the convenience provided to innovative entities, and the work related to its effective implementation.

The full name of the "Hague Agreement" is the "Hague Agreement on the International Registration of Industrial Designs". It is an international treaty for the protection of industrial product designs. Together with the "Madrid Agreement on Trademarks" and the "Patent Cooperation Treaty", it constitutes the three major agreements in the field of industrial property rights. The large business system is uniformly managed by the World Intellectual Property Organization (WIPO).

The Hague Agreement was first concluded in The Hague, Netherlands, in 1925. It has gone through many text revisions, and its parties have continued to increase and its influence has expanded. What our country is a party to is the 1999 Geneva Act of the Hague Agreement. This work has received great attention from the Party Central Committee and the State Council. On February 5, 2022, when the Director General of the World Intellectual Property Organization came to China to attend the opening ceremony of the Beijing Winter Olympics, our country formally submitted the instrument of accession to the "Hague Agreement" and it officially came into effect on May 5. Our country is the 77th member of the "Hague Union". Currently, the "Hague Union" includes 75 countries and two intergovernmental organizations (the European Union and the African Intellectual Property Organization), covering a total of 94 countries.

The Hague system provides innovative entities with a simple and efficient international design registration procedure, which is mainly reflected in two aspects: First, the applicant only needs to submit an international application, use one language, and pay in one currency to register in multiple countries. Applying for design protection from each contracting party has significantly reduced the design registration costs of enterprises in the process of product globalization and greatly improved registration efficiency. Second, if the applicant needs to change the rights, renew the protection period, etc. in the future, he only needs to submit a request to the International Bureau of WIPO, which will take effect in all designated contracting parties, which greatly facilitates innovation entities to apply for design rights. Centralized management.

Joining the Hague Agreement is an important achievement for us to conscientiously implement Xi Jinping Thought on Diplomacy and General Secretary Xi Jinping’s important instructions on intellectual property work, actively participate in global intellectual property governance under the framework of the World Intellectual Property Organization, and comprehensively start a new journey of building an intellectual property power. It will help Chinese enterprises actively integrate into the global design system, promote the improvement of innovation capabilities in industrial design, and help Chinese design and Chinese manufacturing go global. At the same time, it is also conducive to the introduction of advanced foreign industrial designs into the Chinese market, which is conducive to the development of my country's industrial field and high-level opening up to the outside world.

In order to ensure that the Hague Agreement comes into effect on May 5, the State Intellectual Property Office has carried out a lot of preparatory work. First, it actively promotes the revision of the Patent Law Implementing Rules and Examination Guidelines to provide legal protection for the implementation of relevant examination work; second, it does a good job Regarding the domestic and international connection of examination business, the rules of the Hague Agreement and China’s design examination rules are quite different. Our Office and WIPO have conducted multiple rounds of consultations on a series of business connection issues and formed a complete set of business connection plans; third, we must do a good job in information The fourth is to make supporting adjustments to the fee system and reach an agreement with WIPO on fee standards and settlement models; the fifth is to do a good job in publicity and promotion of the Hague system, and promote the national knowledge system. The official website of the Intellectual Property Office has opened a bilingual special column in Chinese and English to introduce the legal agreement, examination rules, important notices, FAQs, etc. of the Hague Agreement. It has developed and released an applicant manual, and launched an interpretation video and long-form video of the Hague Agreement. map, and actively provide relevant public welfare training and information consultation to increase the public’s understanding of the Hague System.

Since the "Hague Agreement" came into effect, applications from Chinese companies have been very enthusiastic. Up to now, our office has received hundreds of design patent applications, and has also promptly answered a large number of inquiries from applicants on the application process and other aspects. In the next step, our office will continue to pay attention to applicants' use of the Hague System, provide high-quality and efficient services to innovative entities, help domestic and foreign applicants better protect their innovative ideas, and contribute more to the global industrial field. Excellent design, thank you.

Thank you, Minister Wei, for your introduction. Now I would like to ask Director Zhao Xiuling of the Copyright Administration Bureau of the Propaganda Department of the CPC Central Committee to introduce the relevant situation of the entry into force and implementation of the "Marrakesh Treaty".

Thank you host! Dear friends from the media, let me introduce the relevant content of the entry into force and implementation of the Marrakesh Treaty. The full name of the Marrakesh Treaty is the Marrakesh Treaty on Facilitating Access to Published Works for Persons who are Blind, Visually Impaired or Other Print Disabled.

The treaty is administered by the World Intellectual Property Organization, a specialized agency of the United Nations. It was adopted in Marrakesh, Morocco on June 27, 2013, and officially entered into force in September 2016. There are currently 88 contracting parties. The treaty requires all contracting parties to stipulate copyright limitations and exceptions to protect the rights of people with print disabilities to equally appreciate works and receive education. It is the only human rights treaty in the field of copyright in the world so far. The treaty stipulates that the beneficiaries include not only blind people, but also visually impaired people and other print disabled people in a broader sense, and the forms of using the works include Braille version, large print version or audio book and other accessible formats. The treaty provides copyright limitations and exceptions for the production of accessible formats, facilitates cross-border exchange and import of accessible formats, and solves the problem of lack of accessible formats.

On June 28, 2013, China signed the Marrakesh Treaty. What needs special mention here is that the Chinese government played an active and constructive role in the consultation and negotiation process and contributed China's strength to the successful conclusion of the treaty. Since then, China has done a lot of fruitful work to promote the entry into force of the Marrakesh Treaty. On November 11, 2020, the Copyright Law completed its third revision, making legislative preparations for the ratification of the treaty. On October 23, 2021, the 31st meeting of the Standing Committee of the 13th National People's Congress decided to ratify the Marrakesh Treaty. On February 5, 2022, China deposited the instrument of ratification of the treaty with the World Intellectual Property Organization. On May 5, 2022, the "Marrakesh Treaty" officially entered into force for China.

The entry into force of the "Marrakesh Treaty" in China is a major event in the development of China's copyright industry. The ratification of the treaty is an important manifestation of the copyright work's implementation of the Party Central Committee and the State Council's efforts to develop the cause of persons with disabilities and promote the protection of the rights of persons with disabilities. The entry into force of the treaty will greatly enrich the spiritual and cultural life of people with dyslexia in my country, improve their educational level, further demonstrate the warmth and superiority of the socialist system with Chinese characteristics that "adhere to the people first and adhere to the people-centered", and highlight our country's positive It is a responsible major country that participates in the development of global causes for persons with disabilities and intellectual property governance, and promotes the building of a community with a shared future for mankind.

​Thank you for your question. There are two ways to submit an international design application through the Hague System. The applicant can submit directly to the International Bureau of WIPO, or indirectly through the Office of the Contracting Parties. In order to provide better services to applicants, the State Intellectual Property Office provides two parallel ways to submit applications.

On May 5, the first day that the Hague Agreement came into effect, a total of 49 Chinese companies submitted 108 international design applications. Among them, the State Intellectual Property Office received 58 international design applications submitted by Chinese applicants, and 50 international design applications were submitted directly to the World Intellectual Property Organization by Chinese applicants. Among the applications received by the State Intellectual Property Office, Lenovo (Beijing) Co., Ltd., Shier Medical Technology (Shanghai) Co., Ltd., and Beijing Xiaomi Mobile Software Co., Ltd. ranked among the top. WIPO data shows that among Chinese applicants who submit international design applications directly to the International Bureau, Shenzhen McQuay Technology Co., Ltd., Zhuimi Innovation Technology Co., Ltd., and Shenzhen TCL Digital Technology Co., Ltd. rank among the top in terms of application volume.

According to the latest statistics, as of May 13, a total of 141 international design applications have been received. Relevant data are still increasing, which shows that Chinese companies are actively using the Hague system to develop global product market layout. It also fully reflects the importance that innovative entities attach to intellectual property protection and the vitality of China's innovation and creativity.

In order to ensure the smooth progress of the implementation of the Hague Agreement, the State Intellectual Property Office has established a business guarantee working group composed of multiple departments to provide system technical support, application business processing, customer service hotlines and online consultation channels. Quick response and timely handling. Before and after it took effect at midnight on May 5, the business guarantee working group was on duty all night to ensure that the Hague business system was successfully launched on time and that applicants could successfully use the Hague business system to submit international design applications.

In the next step, our office will further improve service levels, optimize service processes, and provide more convenience for applicants to apply for design patent protection through the Hague system.

Thank you for your question. Blind people and visually impaired people are special groups among the disabled. According to data from the World Health Organization, there are 253 million people with visual impairments worldwide. In China, there are 17.32 million visually disabled people. Other dyslexics involve even larger numbers.

For the blind, visually impaired and other people with reading disabilities, the most effective way to appreciate learning and receive education is to read Braille books, large print books, audio books and other accessible formats. However, its production costs are high, and copyright licensing is one of the larger expenses.

According to statistics, less than 10% of the millions of books published every year around the world are available in accessible formats for people with dyslexia. People with dyslexia themselves are disadvantaged groups and it is very difficult to bear these costs.

China has always attached great importance to ensuring the equal rights of dyslexics to appreciate works and receive education. Especially since the 18th National Congress, the Party Central Committee with Comrade Xi Jinping at its core has attached great importance to the cause of disabled people and cared about the equal participation of disabled people and other disadvantaged groups in cultural life and sharing. As a result of the development of civilization, the resources of works in accessible formats have been greatly improved compared to the past.

According to statistics, during the "Thirteenth Five-Year Plan" period, more than 10,000 works in accessible formats such as Braille, audio, and large-print readers were published. However, compared with the types of books and journals published at the same time, there are still relatively few works in accessible formats, and people with dyslexia still face the problem of few choices and insufficient accuracy when enjoying reading services. In order to solve the problem of high cost of producing and providing accessible format versions of works, especially the high cost of obtaining copyright permission, we have been making unremitting efforts in the field of copyright.

The Copyright Law that came into effect on June 1, 1991 stipulates that published works can be changed into Braille for publication without the permission of the copyright owner and without payment of remuneration to the copyright owner.

On November 11, 2020, the Copyright Law was revised for the third time and came into effect on June 1, 2021, which extended the scope of fair use from the original "conversion of published works into braille for publication" to "people with reading disabilities" "Provide published works to readers in an accessible manner that they can perceive." These have also prepared the legislative preparations for the ratification and implementation of the Marrakesh Treaty.

According to the "Marrakesh Treaty" and my country's Copyright Law, the copyright owner's exclusive rights such as reproduction rights, distribution rights, and information network dissemination rights will be subject to certain restrictions under certain circumstances. In this sense, the copyright owner partially bears the responsibility for improvement. Obligations for persons with dyslexia to acquire the ability to work.

By then, works in accessible formats will be provided to people with dyslexia in accordance with the law, including using works from other relevant countries to provide accessible formats, without the permission of the copyright owner or payment of remuneration to the copyright owner. The resources of works available to people with dyslexia in my country will further expand. Rich, the cost of obtaining works will also be further reduced.

​Thank you for your question. As you mentioned, there are certain differences between the Hague Agreement and the business rules for domestic applications. In order to actively respond to the new changes brought about by the agreement's entry into force and implementation, relevant departments of the State Intellectual Property Office have been accelerating preparations and conducting multiple rounds of consultations with the World Intellectual Property Organization to carefully prepare for various connections and preparations after the agreement takes effect and is implemented. As the business department that examines international applications for designs designated in China through the Hague Agreement, the Design Examination Department mainly carries out work in three aspects.

First, in terms of research on the Hague system, we carefully studied the relevant provisions of the "Hague Agreement" and its joint implementation rules and administrative regulations, and formed the "Full Process and Examination Rules for International Design Applications", including the entire process from the submission of international applications to the subsequent management of rights. process, providing a systematic reference for the domestic application of the Hague Agreement and the connection of relevant procedures.

Second, in terms of preparation for the examination business, comprehensively sort out the examination process and examination rules for international design applications, conduct simulated case examinations, formulate relevant examination plans, and make full preparations for the smooth conduct of the examination work after the entry into force of the Hague Agreement. We will carry out examination work in accordance with the requirements of the "Examination Bureau" stipulated in the 1999 Geneva Act of the Hague Agreement and demonstrate the capabilities of a world-class examination agency with high-quality examinations.

Third, in terms of review team building, we must accelerate the construction of a high-quality review team. As the examination department for international design applications, the Design Examination Department conducts special training for all examiners, and has established a professional examination team with high foreign language proficiency, proficiency in examination rules, familiarity with the examination system, and rich examination experience through the selection of business backbones. , to provide talent protection for high-quality review of international design applications.

Regarding the question you raised, I would also like to emphasize that although designating China through the Hague Agreement and applying directly domestically are two different application channels, and there are certain differences in business rules and approval processes between the two, as a For the review departments of the two types of applications, we will strictly follow the provisions of the Patent Law, apply unified review standards, give equal review to each application, provide equal protection to the intellectual property rights of domestic and foreign innovation entities, and use high-quality intellectual property review work , to help create a market-oriented, legal and international business environment. Thanks.

​Thank you for your question. When my country ratified the Marrakesh Treaty, it specifically stated that the treaty is applicable to Hong Kong and Macao:

First, the Hong Kong Special Administrative Region applies the Marrakesh Treaty and, in accordance with the provisions of Article 4, Paragraph 4, of the Treaty, limits the copyright exceptions stipulated in this Article to the market where specific accessibility cannot be obtained for the beneficiaries from commercial channels on reasonable terms. format works;

Second, until further notice from the Chinese government, the "Marrakesh Treaty" does not apply to the Macao Special Administrative Region.

According to the Basic Law of the Hong Kong Special Administrative Region and the Basic Law of the Macao Special Administrative Region, we have consulted the SAR government on the applicability of the treaty to Hong Kong and Macao. The Hong Kong SAR government stated that it applied the Marrakesh Treaty and stated that the copyright exception stipulated in Article 4 of the Treaty would be limited to works in the market that cannot be obtained from commercial channels on reasonable terms for beneficiaries in specific accessible formats. The Macau SAR government stated that it will not apply the Marrakesh Treaty for the time being and will apply it after it modifies relevant laws and meets the applicable conditions.

​Thank you for your question. Appearance design is related to every aspect of daily life and is an important means for enterprises to protect their creative designs. Normally, if an enterprise develops a global product layout, it needs to prepare multiple design application documents in different languages, submit the applications to each country, and conduct review and registration in accordance with the requirements of each country's examination agency. This process requires a lot of investment. The time and capital costs are very high. If the country where the enterprise is located has joined the Hague System, it only needs to submit an application to the International Bureau of WIPO, and it can directly designate multiple countries or regions covered by the Hague System to quickly obtain international design protection, which greatly simplifies the procedures and saves money. cost.

According to statistics from WIPO's "World Intellectual Property Indicators 2021", the number of global industrial design applications has increased year by year in recent years, and the main growth comes from Chinese innovation entities. In recent years, as Chinese companies have accelerated their “going global” efforts, Chinese applicants’ demand for overseas intellectual property protection has also grown. According to WIPO statistics in 2020, although China is not yet a party to the Hague Agreement, the number of applications submitted by Chinese applicants to the International Bureau of WIPO through the permanent operating agencies of other contracting countries has ranked in the middle of the global application volume of the Hague System. Ranking among the top ten, this shows that Chinese innovative entities have strong demand for design protection.

Joining the Hague Agreement means that Chinese companies can more conveniently carry out product layout and innovation protection on a global scale. Specifically, after the applicant files an application with the International Bureau of WIPO, the World Intellectual Property Organization will conduct a formal examination of the application. If the application meets the requirements, the International Bureau of WIPO will register the design in the International Register and issue an international registration certificate. . Our country has joined the "Hague Agreement" as an examination bureau, and the application will be further reviewed. After authorization, the protection period is 5 years, and can be renewed twice thereafter, with a maximum protection period of 15 years. The International Bureau of WIPO will publish the design internationally. Of course, companies can also choose the timing of publication based on their own product market release plans.

Joining the Hague System not only demonstrates China's open attitude to actively participate in the global intellectual property governance system, but also provides convenience for overseas companies to enter China, the most dynamic and vast market, which is conducive to creating a good business environment and promoting China's industrial sector. The vigorous development of innovative design allows Chinese creativity to light up a better life.

​Thank you for your question. On May 5, 2022, the treaty officially entered into force for China. This is another milestone in the copyright cause and a new starting point for copyright to help cultural inclusiveness. China will take the entry into force of the Marrakesh Treaty as an opportunity to continuously improve the copyright protection system, implement copyright protection and support for people with dyslexia, and contribute to the comprehensive development of the cause of disabled people and the progress of social civilization.

The Propaganda Department of the CPC Central Committee (National Copyright Administration) will do a good job in the implementation of the treaty, which is specifically reflected in the following aspects:

First, further improve the supporting system, formulate implementation measures that are suitable for China's actual situation, ensure that important concepts such as people with print disabilities, accessible formats, and authorized entities are consistent with the treaty, and clarify the rules that should be followed when producing and providing accessible formats;

The second is to strengthen the guidance and supervision of authorized entities, guide relevant institutions to abide by corresponding business specifications when producing and providing accessible formats, strengthen supervision of violations of treaty implementation measures, and ensure that the works are provided for the use of works by people with reading disabilities. Facilitate copyright while avoiding unreasonable damage to the legitimate rights and interests of copyright owners;

The third is to increase publicity and promotion, especially targeted publicity and promotion to stakeholders such as copyright owners, people with dyslexia, and institutions that produce and provide accessible formats for people with dyslexia;

The fourth is to strengthen international cooperation, strengthen cooperation with international organizations such as the World Intellectual Property Organization and the Accessible Books Federation, promote the cross-border exchange of works in accessible formats, enrich the resources of foreign works for Chinese people with dyslexia, and at the same time expand the popularity of my country's outstanding works in other countries. National communication coverage among people with dyslexia;

The fifth is to further deepen international copyright cooperation with all parties including the World Intellectual Property Organization, tell the copyright story of China’s implementation of the Marrakesh Treaty, and contribute more of China’s strength.

We also hope that all sectors of society will pay close attention to supporting the effective implementation of the treaty, work with us to implement the treaty’s support for people with dyslexia, and jointly make positive contributions to promoting the construction of a community with a shared future for mankind and building a better world.

Due to time constraints, our press conference ends here today. Thank you to all media friends for your participation and support. If you have more concerns about intellectual property issues, you can also contact the press and publicity departments of our two bureaus. Finally, I wish all my media friends good luck in their work and good health. This concludes the press conference, thank you.