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Partners in Patents for 30 Years

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Partners in Patents for 30 Years 三十年 Partners in 专利 patents for 合作伙伴 30 years 中华人民共和国国家知识产权局 SIPO State Intellectual Property Office of the People’s Republic of China 欧洲专利局 EPO European Patent Office Anniversaries are a good opportunity to reflect on the past, to review achievements and to imagine future improvements. Improving the exchange of data between the two offices and 以周年纪念为契机，回忆往昔岁月，回顾既得成就， 展望未来进步 enhancing patent quality globally. 加强两局数据交换，提升全球专利质量 Co-operation means concrete savings and efficiency gains for both sides. Breaking new ground in providing access to the most comprehensive 合作之双方，既是坚实的积累， technological information. 又是高效的收益 在提供最全面的技术信息方面开辟新天地 Improving the quality of the input data – bibliographic, abstract and Thanks to the close relations between the EPO full-text – provided by both partners. and the SIPO, millions of patent documents in the 提高双方提供的输入数据的质量：著录项目， two most important languages of technology 摘要，和全文本 are now freely available for engineers, inventors and scientists the world over. 国知局和欧专局的密切关系，使得以技术领域最重要的两种语 言撰写的数百万件专利文献可以被全世界的工程师、发明家和 科学家获得 These statements originate from numerous speeches and presentations delivered during key events that marked the EPO-SIPO co-operation. Partners in patents for 30 years This work was undertaken at the initiative of the European Patent Office (EPO) and the State Intellectual Property Office of the People’s Republic of China (SIPO) to mark the 30 th anniversary of the signing of the framework co-operation agreement on 11 June 1985. It consists of alternating contribu- tions from the two offices, all of which have been respectively translated into English and Chinese so as to produce two versions, both distinct and alike. The views and opinions expressed therein are the authors’ own, and they alone are responsible for them. State Intellectual Property Office of the People’s Republic of China Last page of the framework co-operation agreement from 11 June 1985 signed by Commissioner Huang Kunyi and President Paul Braendli. Content Content Foreword 4 Technical and operational aspects 62 Benoît Battistelli EPO President 4 Jacques Michel former Vice-President DG 1 at the EPO 64 Shen Changyu SIPO Commissioner 8 Li Yuguang former SIPO Deputy Commissioner 2003 – 2013 66 Annemie Nuyts former Director Search & Knowledge 68 Products & Services at the EPO The developing principles of co-operation 12 Wu Kai Director General International Co-operation at the SIPO 70 Paul Braendli EPO President 1985 – 1995 14 Richard Yung former Director International Co-operation at the EPO 72 Gao Lulin SIPO Commissioner 1987 – 1988 and 1989 – 1998 18 Liu Jian Deputy Director General International 74 Ingo Kober EPO President 1996 – 2004 20 Co-operation Department at the SIPO Wang Jingchuan SIPO Commissioner 2001 – 2005 22 Jean-Michel Zilliox Director IP Programme European Patent 76 Alain Pompidou EPO President 2004 – 2007 24 Academy at the EPO Tian Lipu SIPO Commissioner 2005 – 2013 26 Wang Tao Deputy Director General of the Automation Department 78 Alison Brimelow EPO President 2007 – 2010 28 at the SIPO Roberto Vacca Director in DG Operations at the EPO 80 Wang Ying Director of Division IV, International Co-operation 82 External experts and stakeholders 32 Department at the SIPO Cecilia Malmström European Commissioner for Trade 34 Carlo Pandolfi Director International Co-operation at the EPO 84 Jin Wuwei Deputy Counsel of the Legislative Affairs Office of the 36 Sheng Li Director of Division II, International Co-operation 86 State Council of P. R. China Department at the SIPO Song Liuping Chief Law Officer, Huawei Technologies Co., Ltd. 38 Pedro Osona Chief of protocol at the EPO 88 Pascal Griset Professor of Contemporary History at 40 Zhang Li Director, Personnel and Education Department at the SIPO 90 Paris-Sorbonne University Gao Qiang Director, China IP Training Centre at the SIPO 92 Zheng Shengli Professor of the Law School of Beijing University 42 Tony Tangena President of the epi (the European Patent 44 Attorney Institute) Closing statements 96 Xu Yuanyuan Secretary General of the All-China Patent 46 Raimund Lutz Vice-President, European Patent Office 98 Attorneys Association He Zhimin SIPO Deputy Commissioner 100 Alex Liu Chairman of the Beijing IPR Working Group 48 European Union Chamber of Commerce in China Jérôme Chauvin Deputy Director General BUSINESSEUROPE 50 Historical chronicle 104 Huang Feng Director General of the Sichuan Provincial IP Office 52 Arnaud Michel President of Licensing Executive Society 54 International (LESI), 2014–2015 The EPO and the SIPO at a glance 114 Theon van Dijk Lexonomics, EPO Chief Economist 2013 – 2015 56 Glossary 116 Imprint 117 2 3 Foreword Foreword This is a special year for the EPO and the SIPO. 2015 These mutual interests and needs would soon prove marks the 30 th anniversary of constructive co-opera- to be the very elements that would stimulate a con- Benoît Battistelli tion between our two offices and it is another mile- tinuous exchange between our two offices – and one stone in the continuing development of a special that has continued to this day. The result has been relationship. This anniversary provides us with the op- a natural predisposition to working together. portunity to reflect on how we have fostered our rela- The EPO and the SIPO tions. It is an opportune moment for us to consider From the initial exploratory projects that we started how we shaped the evolution of the patent system in to undertake together, relations between the Euro- China and in Europe and to offer effective patent pro- pean and the Chinese Patent Offices evolved rapidly. tection on a global basis. We forged a new dialogue and our two offices devel- are pioneers in direct oped a constructive working relationship. Initially, Bilateral relations between our two offices were for- this co-operation was only pursued through bilateral malised in 1985 with the signing of the first co-opera- relations but was later complemented by EU-funded co-operation on IP matters. tion agreement between the EPO and what was then co-operation projects. The result is that the EPO and the Patent Office of the People’s Republic of China. the SIPO have learned much from each other over We decided to embrace a working relationship with time, yet have also retained our own individual char- each other at a time when intellectual property at acteristics, with each office leading in different, spe- the international level was dealt with predominantly cific disciplines. through multilateral treaties. The EPO and the SIPO were therefore pioneers in direct co-operation on IP Throughout our co-operation efforts, we have always matters. borne in mind that co-operation is a means by which Benoît Battistelli has been President of the to bring tangible benefits to the applicants and users, European Patent Office since July 2010. A gradu- Both offices had their own rationales for investing in many of whom have provided testimonies in this ate of the Paris Institute of Political Studies (IEP) co-operation efforts. In Europe, the EPO was the crea- pub lication. They speak of the benefits brought to users and the National School of Administration (ENA), Mr Battistelli began his career as a senior civil tion of a system in which working together was seen of the patent system as a result of thirty years of bi- servant in the French Ministry of the Economy as a way to produce tangible results. Specifically, the lateral co-operation. and Finance. He has been awarded the title of European Patent Convention offered another means professor honoris causa by Renmin University of for successful regional integration when combined Supporting the work of examiners with pioneering China, Beijing, and an honorary doctorate from the Menéndez Pelayo University in Santander. with a single market. With the addition later of a single computer technology has proved to be far-reaching in currency, co-operation was rightly believed to deliver this respect. Typesetting and translation of rapidly market conditions that would help businesses and growing Chinese patent documentation had generat- innovation to thrive. It was this ethos of co-operation ed broad appreciation of comprehensive patent that would prove to be a determining factor in the documentation. But it had also highlighted the need EPO’s external relations. for this material to be accessible in electronic form – at a time when digital data was not widespread. This Meanwhile, the Chinese system was undergoing resulted in a growing interest from patent offices change at a phenomenal rate. China’s Patent Law has all around the world in gaining access to digital patent been revised three times since it first entered into data, and led in turn to a willingness to make their force in 1985 and a fourth revision is currently ongoing. own patent publications available in exchange. With each amendment, patent regulations have been brought into line with international standards. The users of the patent system gained from this de- Having incorporated the necessary provisions for velopment in digital technology in two ways. Firstly, joining first the Patent Cooperation Treaty (PCT) and broader access by the examiners to universal prior art then the WTO, Chinese Patent Law has created the resulted in an increased quality of granted patents. legal basis to transform China’s manufacturing econ- Secondly, users benefited from the breakthrough omy into an economy based on domestic innovation. made by the EPO when, in 1998, it launched Espacenet, the first patent search tool available free on the in- At the time of our first steps in co-operation, we were ternet. The free publication of patent data on the in- facing similar operational challenges and there was ternet has since been taken up by the vast majority awareness that we could learn much from each other. of IP offices. 5 Foreword Foreword In the following years the SIPO and the EPO contin- and hosted the 8 th meeting of the IP 5 Heads in the which can deliver concrete benefits to businesses The results we have achieved ued to focus on technology as a key element of their beautiful city of Suzhou in May 2015.
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