RCEP released in full, a number of intellectual property provisions worthy of attention!

This Month15, China, Japan, South Korea, Australia, New ZealandandASEAN15 trade (commerce) ministers of 10 countries, jointly signedAn important free trade agreement- Regional Comprehensive Economic Partnership Agreement(hereinafter referred to as 《RCEP Pins) 。 Amongous RCEP dinsInitiatedEast Asia Free Trade Area, is worldwideLargest population, most diverse membership structureFree Trade Zone,The East Asian EconomyDevelopmentNearThe most important in 20 yearsMilestone.《RCEP has 20 chapters,Among them formSectionChapter 11specially formulatedIntellectual PropertyProtection initiatives,This chapterDividedSection 14, a total of 83Terms andand transitional arrangements, technical assistance2 Accessories.《RCEP ODEScoversAll objects of intellectual property under the Civil Code,SuchCopyright, trademark, geographical indication, patent, designEtc., involvingIntellectual property enforcement, cooperation, transparency, technical assistance, etc.MultipleField.《RCEP ODESThe WTO Agreement on Trade-Related Aspects of Intellectual Property Rights(TRIPS) based onEast Asia Free Trade AreaThe overall level of protection of intellectual property rights withinConsiderdifferentIntellectual Property Regimes of Member Stateslevel of development at the same time,New initiatives have been developed for different IP objects,ForEast Asia Free Trade AreaThe protection and promotion of intellectual property rights providesNewProgramsThe main contents include the following:

Right.CopyrightThe content of the rights has been clarified,First of all,Clarify the exclusive rights of authors, performers and producers of phonograms, and highlight the rights of authors and performers to disseminate information on the Internet.Secondly,emphasized.Performers and producers of phonogramsThere areThe right to receive remuneration for broadcasting shall enjoy the right to receive a one-time reasonable remuneration or a license fee for the direct or indirect use of sound recordings issued for commercial purposes for broadcasting. Exclusive rights to broadcasting organizationsThe communication element of "intentional transmission" can be interpreted as "re-transmission to the public".And finally,on copyrightcarried out reasonablyRestrictions allow suitable use. For example, to provide an appropriate balance in its copyright and related rights regime for legitimate purposes, including, but not limited to, education, research, criticism, commentary, journalism and facilitating access to published works for persons who are blind, visually impaired or otherwise print disabled.

to the relevantTrademarkThe basic provisions of protection have been unified, for the first time, emphasizingCollective marks, certification marks and geographical indications shall be protected.As long as certification marks are protected in a Contracting Party, it is not necessary to treat certification marks as a separate category in its laws and regulations.Secondly, the onlytrademark classification system,The Party follows the translated version of the classification system established under the Nice Agreement and, where an official translation of an updated version of the Nice Classification has been published and published, the Party shall follow that version.

    Finally, yes.The main process of trademark registration and applicationmade provisions, requirementsThe Contracting Party shall establish a trademark registration system, including: a requirement to provide the applicant with written notice, which may be in electronic form, of the reasons for rejecting the registration of the trademark; the applicant shall have the right to respond to the notice of the trademark authority, to review the preliminary rejection decision, and to initiate proceedings against the final rejection decision.

prescribed patentProcedural matters reviewed to increase efficiency and speed up,《RCEP ODESRequirementsThe Parties recognize the importance of improving the quality and efficiency of their patent systems and of simplifying and streamlining the procedures of their competent authorities for the benefit of all users of their patent systems and the public at large. For patent applications, objections, revocation, cancellation or invalidation procedures, the corresponding authorities shall explain the reasons and adopt written requirements. Such decisions may be provided electronically.

In addition to the above,《RCEP ODESUnfair commercial competitionThe situation is regulated and established.Enforcement and Relief of Intellectual Property Rightsmeasures, includingGeneral obligations, civil remedies, border measures, criminal remediesAt the same time, it is also emphasized.There is a transition period for the application of some provisions of the RCEP in 7 countries..According《RCEP ODESprovisions,TheAgreement enters into forceneed at least9MembersMember Statesapprovals, which include at least6 ASEAN member countries and at least 3Non-memberCountry.The current agreementalreadysmoothsigned,Members of RCEPFuturewill eachByDomestic lawFormulation, adoptionprocedures,Fulfillment《RCEP ODESobligations in,Promoting the AgreementImplemented in Member States.