In this new year, 2020, China is launching a center called the Chinese Overseas Intellectual Property Dispute Center, through which it seeks to bring together professionals from different countries who are experts in intellectual property to serve as guides on matters related to this field. The center was established by the China National Intellectual Property Administration (CNIPA), which is the world’s largest intellectual property office with a staff of more than 20,000 people.
The 75 experts who are already part of this center were selected through a global, merit-based open competition. Of the 35 foreign professionals who will participate in this initiative, 6 are Spanish, and of those, 3 are attorneys at ELZABURU: Manuel Desantes, Enrique Armijo Chávarri, and Colm Ahern.
The CNIPA’s goal with this initiative is to provide guidance in resolving potential conflicts related to intellectual property. On the one hand, to safeguard its rights abroad and, on the other, to better understand the intellectual property systems and regulations of foreign jurisdictions.
As Manuel Desantes explains in an interview with Confilegal, the most significant challenge faced by Chinese companies seeking to expand internationally is a lack of familiarity with the legal systems of different countries; therefore, this advice will be essential for clearing up doubts and, in turn, preventing future conflicts. Furthermore, thanks to the collaboration of these experts, China will be better able to defend itself in the event that a foreign company infringes on its intellectual property rights.
By creating new channels for gathering and disseminating information on intellectual property disputes abroad, the center will seek to establish a guidance and coordination mechanism to manage disputes in this area involving Chinese companies.
Since China is the world's leading power in intellectual property, this project is expected to serve as a model for other countries in avoiding conflicts and litigation, thereby improving both legal certainty and international trade relations, Desantes concludes.
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