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2014 QBPC Fact Sheet

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2014 QBPC Fact Sheet

    QBPC Fact Sheet
    The Quality Brands Protection Committee (QBPC), supported by theformer Ministry of Foreign Trade and Economic Cooperation of China, was formed in March, 2000 and registered under the China Association of Enterprises with Foreign Investment (CAEFI). The QBPC is comprised of more than 200 multinational member companies, most of which are subsidiaries of companies headquartered in North America, Europe and Asia, representing approximately US$80 billion in investment in China.
    Since QBPC was founded, it has been committed to strengthening Chinese IPR laws and regulations, encouraging IPR creation, utilization, protection and management, improving the IPR protection system, raising public awareness of IPR protection and establishing a long-standing and effective IPR protection system. It has also supported the improvement of the innovation environment in China. QBPC promotes international collaboration on IPR policies, standards, utilization and competition law, as well as technology licensing and transfer and related areas. QBPC actively supports and assists law-enforcement agencies in combating counterfeiting and safeguarding fair competition and market order by organizing meetings, forums and other activities, such as trainings, workshops and sharing IPR protection practices. In addition, QBPC is actively involved in legislative reform by offering suggestions for the revision of laws and regulations related to IPR as well as other relevant legislative and policy initiatives and always makes every effort to positively contribute to the improvement of IPR protection and innovation in China.
    The work of QBPC has received support from government officials at all levels, law enforcement agencies, academia, local industry, the press, chambers of commerce, industry associations, IP service institutions and the public. QBPC keeps in mind the care and encouragement from Madam Wu Yi, the then Vice Premier of the State Council and will unswervingly adhere to the principle of cooperation and always look for “win-win” solutions. At the symposium for enterprises with foreign investment held in Xiamen on September 7th, 2004, Madam Wu Yi, noted that QBPC conducted meticulous research and analysis to identify the root of infringement and counterfeit problems, boldly identified the inadequacy of the government’s IPR protection programs and put forward many feasible and constructive solutions.In this context, Madam Wu Yi publicly referred to QBPC as her “capable assistant” on IPR matters.
    On November 28th, 2011, Mr. Wang Qishan, the then Vice Premier of the State Council, made a statement during the 5th Session of the CAEFI Congress. He suggested that in the future, China should divert its focus from optimizing the “hard” environment to the “soft” environment for investment, i.e. to create a favorable investment environment characterized by justice, fairness and equal competition. He added that China should give high priority to attracting more talent, adopting cutting-edge managerial approaches and technologies and not just focus on capital. Mr. Wang Qishan cordially shook hands with QBPC Chairman, Jack Chang, reflecting the great importance he attaches to the efforts QBPC has made towards improving the soft environment for investment in China.
    On April 28th, 2013, Mr. Wang Yang, Vice Premier of the State Council, chaired the meeting of the Leading Group Office Cracking downon IPR Infringement and Fake & Shoddy Goods. Mr. Wang Yang stressed that the concerned regions and authorities should focus on both targeted strikes and systems development and maintain high pressure on infringement and counterfeiting and also promote the development of long-term mechanisms and set up well-established IPR enforcement accountability systems.
    The attention and support from successive leaders of the State Council to the improvement of the IPR protection environment in China provides continuous motivation to the QBPC. Since its establishment, QBPC has developed into an effective platform for member companies, Chinese government and enforcement agencies to communicate and cooperate in the IPR field. It also serves as an ideal forum to study and exchange experiences in the IPR field, thereby, benefiting the level of IPR protection and innovation ability for member companies. QBPC acts as a bridge, linking the Chinese government, enforcement agencies, enterprises, associations and the international community for IPR exchanges and cooperation.
    To work cooperatively with the Chinese Central and local governments, judicial authorities, local industry and organizations to make positive contributions to intellectual property protection in the People’s Republic of China.
    QBPC Since 2000
    QBPC’s initial focus was on raising public and government awareness of the importance of IPR to China’s economic and social development as well as the harmful effects of counterfeiting on public health and safety, as well as its economic and social development. Cooperative projects with the government and enforcement agencies have been launched since 2000 and this strong and healthy partnership continues to develop.
    Since 2002, the QBPC has launched the annual “China IPR Best Practices” to recognize and promote outstanding achievements and contributions in IPR protection made by the government agencies and judicial authorities at the national and local levels.
    Since 2000, QBPC has conducted over 200 forums, conferences, training courses and case exchange activities. In addition, the QBPC has been very active in supporting the amendment of laws and regulations related to IP and the improvement of procedures and standards. Comments and suggestions have been submitted tothe Law Committee of National People’s Congress (NPC), the Legislative Affairs Commission of the NPC Standing Committee, the Supreme People’s Court (SPC), the Supreme People’s Procuratorate (SPP), the Ministry of Public Security (MPS), the Ministry of Commerce (MOFCOM), the State Administration for Industry & Commerce (SAIC), the General Administration of Quality Supervision, Inspection and Quarantine (AQSIQ) and the General Administration for Customs (GACC), the State Intellectual Property Office (SIPO), the State Council Legislative Affairs Office (SCLAO) and relevant provincial and municipal functional departments.
    QBPC proposed to establish a quarterly exchange mechanism between the QBPC and the MarketOrderRectification Office (MORO)together with relevant ministries and commissions. This proposal was made at the symposium for enterprises with foreign investment held in September8th, 2003and chaired by the then Vice Premier Wu Yi who provided her recognition and support.QBPC also established the quarterly exchange mechanism with MORO as well as the National Leading Group Office against IP Infringement and Fake & Shoddy Goods for the purpose of IPR exchange and cooperation between foreign-invested enterprises, the central and local governments and enforcement agencies. This continuous exchange and communication has enhanced mutual understanding, fostered mutual trust and expanded and improved areas of cooperation.
    As China is evolving from building her economy on the basis of “Made in China” to “Created in China”, the State Council’s launching of the Mid & Long Term Development & Planning Outlines for Science & Technology in February 9th, 2006 and the National IP Strategy Outlines in June, 2008, have highlighted China’s own need for strengthening IP protection. As a result, from October 2010 to June 2011, the Chinese government’s 9-month nation-wide IP enforcement operation and the public security organs’ 15-month “Operation Sword”, “Battle Detection” as well as other important special operations to enhance IPR protection were implemented with assistance from QBPC, thus enabling its members to achieve remarkable results.
    In recent years, QBPC continues to enhance trademark protection and actively engages in all kinds of IPR protection work including in the areas of patents, copyrights and trade secrets as well as to the adjacent areas that have an intersection with IPR, including competition law, technical standards, inventor remuneration, technology transfer, innovation policy, civil procedure, criminal procedure and amendments to the Criminal Law. In these areas QBPC has consistently put forward constructive suggestions and comments.
    QBPC’s efforts have not only attracted the attention of the Chinese government and enforcement agencies, but also have been recognized by foreign governments and international organizations, and in particular, the Global Anti-Counterfeiting Group (GACG), which has twice recognized QBPC for outstanding achievements. Many QBPC members, such as Walt Disney, GlaxoSmithKline, Johnson & Johnson, Nokia, Underwriting Laboratories and Unileverwere also recognized by GACG as outstanding companies fighting against counterfeiting. QBPC Chairman, Jack Chang, was selected by the publication, Managing Intellectual Property as one of the 50 people shaping the future of IP in 2006, 2007, 2008, 2010, 2011, 2012 and 2013. Some of QBPC member representatives have also been recognized for this award over the years. These types of recognition from the international community highlight QBPC’s professional working capacity and achievements, enthusiasm in sharing research and information on IP developments in China and the selfless dedication of QBPC’s service team. Together, this is the foundation of QBPC’s credibility on the international IP stage and the reason that it has been able to so successfully serve as a bridge for international exchanges and cooperation in the IP field.
    QBPC 2014 Objectives
    With the support of the China Association of Enterprises with Foreign Investment(“CAEFI”), the Chinese national and local governments, judiciary and law enforcement agencies, domestic industry, sister organizations, academic thought leaders, media and the general public as well as through strengthening international cooperation, QBPC is committed to deliver the following objectives in 2014, while recognizing that some of the objectives are continuing and of a longer term:
    • Strengthen the Fight Against Illicit Trade of Counterfeit Goods:
    • Support members tackling local protection and to report serious cases to the responsible agencies, including the National Leading Group Office of Anti-IP Infringement & Counterfeiting set in The Ministry of Commerce (“The National Leading Group”), the Supreme People’s Procuratorate(“SPP”) and the Ministry of Public Security (“MPS”).
    • Strengthen partnership with international organizations such as Interpol and the World Customs Organization, foreign law enforcement and sister organizations to enhance QBPC’s external network and reputation as well as to build up QBPC’s capacity in the fight against the cross-border trade of counterfeit goods.
    • Work with the policy makers, judiciary, relevant agencies and academic thought leaders to help members tackle the increasing problem involving contract manufacture of trademark goods for exportation.
    • Strengthen QBPC’s capacity in dealing with on-line sale of counterfeiting goods by working with law enforcement agencies in China and of the critical destination markets, internet service providers and members.
    • Improve Legal Framework and Enforcement to Better Protect Trade Secrets:
    • Identify and engage domestic industry leaders and academic thought leaders, who share the same vision that better trade secret protection serves the needs of both domestic Chinese and foreign industry and helps deliver China’s objective of evolving into an innovation oriented country, to work together to improve the legal framework for better trade secret protection and to strengthen enforcement.
    • Drive for expediting the amendment to the Anti-unfair Competition Law.
    • Work with the Supreme People’s Court and academic thought leaders to drive the promulgation of judicial interpretations or judicial opinions on trade secret protection.
    • Engage relevant stakeholders to drive amendments to the Criminal Law for enforceable criminal prosecution against the crime of trade secret theft.
    • Engage the National People’s Congress delegates to drive the enactment of a Trade Secret Law.
    • Improve Legal Framework and Protection for Patent and Copyright:
    • Actively participate in the amendment to the Patent Law and Copyright Law.
    • Strengthen partnership with sister organizations to conduct related policy work and to improve the transparency and effectiveness of procurement by public and private sectors for copyrighted goods such as software.
    • Conduct public awareness programs.
    • Research internet copyright infringement to find better solutions.
    • Improve Transparency of Criminal Prosecution and Trial of Criminal IP Cases:
    • Engage like-minded criminal IP policy drivers, law enforcement, prosecutors and judges to recognize IPR owners in criminal prosecutions and trials as the “victim” of criminal IP cases, and to allow the IPR owner to participate in the criminal proceedings and to exercise the rights available to the victims under the Criminal Procedure Law.
    • Restructure QBPC, Recruit, Reward and Retain Best Quality QBPC Office Staff to Build up the QBPC Office Capacity and Strengthen QBPC Governance and Compliance:
    • Continuously explore ways to improve the structure of QBPC membership and to develop the capacity, Standard Operating Procedures, governance and compliance of the QBPC Office, working committees and Industry Working Group (“IWG”) and the service team (QBPC Chairperson and IWG Coordinators) to ensure sustainable development of QBPC.
    • Continuously Improve QBPC Services to and Communication with Members:
    • Create a mechanism to engage member representatives outside of China on a regular basis to solicit inputs on their IP concerns and needs as well as their views on the quality of QBPC services and the value of QBPC membership.
    • Allocate adequate budget for translating important documents for the convenience of non-native-Chinese reader member representatives.
    • Motivate and recognize the great performance of the QBPC Service Team members and QBPC Office staff.
    • Strengthen accountability through annual elections and other appropriate approaches.
    • Foster the culture within QBPC that the highest objective is serving members and that this is achievable through delivering the above-mentioned objectives.
    QBPC Working Committees and Industry Working Groups (IWGs)
    The QBPC has seven sub-committees to carry out the organization’s activities and objectives:
    • Best Practices/Enforcement Committee – cooperate with China and international enforcement agencies in the running of seminars, training courses and the exchange of best practices which address challenging and timely issues in enforcement; launch QBPC Yearly Best Practice and 5 Model Cases Harmonizing Administrative and Judicial IP Enforcement; work cooperatively to improve the standard, efficiency and transparency of law enforcement.
    • Communications Committeethrough multiple communication vehicles, including the QBPC website, newsletters, news bulletins and other promotion materials, communicate the vision and purpose of QBPC, promote the program plans and status updates, establish and improve the QBPC’s professional image on IPR protection. Internally, build up the communication platform to motivate mutual communication and collaboration among members and encourage them to educate employees to voluntarily refuse counterfeit and pirated goods. Externally, proactively communicate with the media, drive public awareness of the importance of IP protection and seek to improve the IP protection and professional collaboration environment in China.
    • CustomsCommitteesupport QBPC members by coordinating and cooperating with the GACC to further promote IPR protection work through training, communication and cooperation with brand owners, other enforcement authorities, foreign customs and international organizations; to coordinate Chinese local customs to engage in more effective enforcement and strengthen cross-border law enforcement cooperation with their foreign counterparties.
    • Government Cooperation Committeeliaison with Chinese central governments, local governments, foreign embassies, CAEFI and other Chinese related professional associations and Foreign Chambers. Lead initiatives on IP enforcement and innovation policy, brand protection and anti-counterfeiting cross-government agency coordination. Detailed activities include:
    • Preparation for QBPC meetings with top-level PRC government leaders, regular exchange meetings with the Department of Market Supervision under MOFCOM, the Protection and Coordination Department under SIPO and local government focal points;
    • Hosting related key topic seminar and training programs;
    • Following up on trends of the related policy, law, regulation and ministry directives and their formulation and modification.
    • Legal Committee– timely monitor and share with members the latest developments of IPR related laws, regulations and policies; support and participate the work of researching, making and amending IPR related laws, regulations and policies by collecting and consolidating members’ comments and then submitting the advice and suggestions to related government agencies for their reference; collaborating with legislative, judicial and administrative law enforcement agencies to conduct legal research on complicated, hot and important issues related to IPR, by way of seminars and trainings to provide a dialog platform for the representatives from the government agencies, academic institutions, domestic and international enterprises and other parties to discuss and exchange their experience on theory and practice, and help members better understand the full range of Chinese IPR laws, regulations and policies and other aspects such as the policy environment and work practices.
    • Membership Services Committeeevaluatemembers’ needs, provide members with a platform for exchanging experiences, keep membersinformed and engaged in QBPC activities to meet members’ expectations of joining QBPC. Recruit and educate new members to enhance the foundation for QBPC’s sustainable development. The Membership Service Committee will also provide high value to the members and assist the members in developing IP talent and continue to improve the service quality to members.
    • Patent and Innovation Committeesupport and participate in the Chinese government and its judicial and administrative departments' efforts in promoting innovation, improving patent law legislation and enforcement, and jointly create a good environment for promoting innovation and technological progress; timely monitor the drafts and amendment of the laws and regulations, the judicial interpretations and operating guidelines related to innovation and patents, organize the members to participate in discussions and submit the advice and suggestions to the government agencies, judicial and administrative departments; organize seminars, workshops and training courses on the complicated, popular and important issues related to innovation and patents, provide a dialog platform for government agencies, courts, scholars and experts associations and private domestic and international enterprises, and help members improve their patent practices in China.
    • The QBPC structure includes22 Industry Working Groups (IWGs), through which members in similar industries conduct joint projects targeting IPR infringement issues impacting their industry. Current IWGs include:
                Audio & Musical Instrument
                Construction & Integration
                Electrical Distribution
                Food & Beverage
                Fast Moving Consumer Goods
                Home Appliances
                Imaging Supplies
                Luxury Goods
                Personal Care
                Power Tools
                Refrigeration & Air-conditioning
                Sporting Goods
                Toys & Licensed Goods
                Wireless & Integrated Circuit
    QBPC has created four new Task Forces to address specific issues of interest to the majority of member companies.
    Innovation Policy Taskforce Trade Secret Taskforce
    Internet Sale of Infringing Goods and Internet Copyright Protection
    QBPC Restructuring Task Force
    To better serve members, the QBPC set up its own office in 2007 which now has 8 staff members. The QBPC Office provides support and service to the QBPC Executive, Working Committees, IWGs and member companies.
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