There are many happy events in the new century. In July, Beijing successfully bid for the Olympics; in the red season, China celebrates its entry into the world. A self-improving eastern nationality, an increasingly powerful and great country, has actively integrated into the mighty current of world economic development. The great China will surely make greater contributions to the development of the new global economy.
I. New milestone On November 10, 2001, at 23:30, this was an unforgettable moment for China and the whole world. The chairman of the conference, Kamal, made a final decision: China's successful accession to the WTO. The Doha meeting unanimously adopted the "Decision on China's Accession to the WTO." The applause of the audience was full of thunder and applause. The members of the Chinese delegation applauded the chairman of the meeting and the delegates!
As the lively scene slowly calms down, people begin to think calmly: China's wish to enter the WTO is far from the joy of Beijing's successful bid for the Olympics, singing and dancing. After China's accession to the WTO, governments at all levels and all types of enterprises have become more burdensome. Opportunities and challenges coexist. Hope and difficulties are on the horizon. Everyone is thinking about responding to WTO accession strategies.
In order to join the WTO, China has abolished thousands of relevant laws and regulations and judicial interpretations. A large number of laws and regulations are subject to revision and improvement, and intellectual property rights are the focus. The implementation of the new version of the “PRC Patent Law†and the “PRC Trademark Law†is intended to be in line with the WTO. Previously we were most familiar with patent rights, trademark rights, and copyrights, and entering the WTO would expose us to new challenges in knowledge protection. We should take advantage of the situation to open up a new situation in the development of packaging. The 15 years of entry into the WTO fully proves this.
Second, China's WTO accession scan On July 10, 1986, China formally applied for the restoration of the status of GATT contracting parties.
On October 22, 1987, the first meeting of the GATT China Working Group of the GATT was held in Geneva.
From December 12 to 14, 1989, the eighth meeting of the GATT China Working Group was held in Geneva.
In October 1991, Chinese Premier Li Peng sent a letter to the heads of GATT parties to clarify China’s position on reentry.
On October 10, 1992, China and the United States reached the "Market Access Memorandum," and the United States promised to "support China's re-entry".
At the end of August 1994, China proposed a trade concession table as a package solution to the issue of re-entry.
From November 28 to December 19, 1994, the 19th working meeting of the GATT China Working Group was held in Geneva. Negotiations did not reach an agreement.
From March 11 to March 13, 1995, U.S. Trade Representative Kanter visited China and reached an eight-point agreement on the issue of re-entry. He agreed to conduct China's WTO accession negotiations on a flexible and pragmatic basis.
From May 7 to May 19, 1995, the Chinese delegation went to Geneva to conduct informal bilateral consultations with the contracting parties.
On June 3, 1995, China became an observer of the WTO.
In November 1995, China became "China's WTO accession" 10 years later.
March 22, 1996, attended the first formal meeting of the WTO China Working Group.
In 1997, China had reached bilateral agreements with more than 20 countries including New Zealand, South Korea, Argentina, Colombia, Chile and India.
On June 17, 1998, Jiang Zemin accepted an interview with a U.S. reporter and proposed the three principles of "entering the WTO."
On November 15, 1999, China and the United States reached an agreement on China’s accession to the WTO.
On May 19, 2000, China and the EU reached a bilateral agreement on China's accession to the WTO.
On September 13, 2001, China and Mexico reached a bilateral agreement on China's accession to the WTO.
On November 2, 2001, Long Yongtu announced that China's WTO final schedule was finalized, and all documents for the WTO entry were signed on the 11th.
On November 10, 2001, China formally joined the World Trade Organization WTO.
Third, the WTO docking points Intellectual property rights, trade in goods, trade in services are the three pillars of the WTO. Therefore, the connection between China and WTO is closely related to intellectual property. Due to the need for healthy trade and economic development in the world, the WTO Regulations on Trade-related Intellectual Property Rights (TRIPS) has become an important law that WTO members must abide by.
The scope of intellectual property rights stipulated in the TRIPS Agreement mainly consists of seven kinds of intellectual property rights, namely copyright, trademark rights, geographical indication rights, design rights, patents for inventions, design rights of integrated circuit layout and undisclosed information rights (ie, Trade secrets). Let's take a look at the three elements that are closely related to packaging.
3.1 The Right to Geographical Indications The “TRIPS Agreement†of the WTO specifies the protection of geographical indications (ie the origin of packaging products) and defines the concept of geographical indications. The so-called geographical indication refers to the identification of a packaged commodity originating in the territory of a member country or originating in an area or place in the geographical area; the specific quality, reputation or other characteristics of the commodity, and the text of the geographical source Or pattern associated.
Geographical indications can be divided into two parts according to the provisions of the “TRIPS Agreementâ€: one part identifies the origin of the packaged goods for such a sign, including a member’s territory or an area or place therein; and the other part indicates that the sign represents a certain The specific quality, reputation, or other characteristics of the packaged product, and this feature is in some way linked to the area, region, or place in the previous section.
The WTO stipulates the protection of geographical indications. The obligations of members mainly include two aspects. First, if the trademark contains or incorporates a product's geographical indication and misleads the public to ignore the real source, its trademark administrative department shall dismiss or withdraw the trademark on request or at the request of an interested party. Second, unfair competition that exists in the real world, including the explicit or implicit indication in the title or expression of the goods in any way that the relevant packaged goods originate from a place other than the genuine source, and that the public misunderstood the source of the packaged goods, The competent authority shall promptly correct it.
Since the protection of geographical indications of alcoholic packaging involves major interests of developed countries such as Europe and the United States, the TRIPS Agreement on the geographical indications of wine and liquor is stipulated in Article 23: First, the use of other people's origin marks is prohibited. Wines or liquors that do not originate from the place indicated by the logo, even if they are also marked with the real source of the goods; prohibited use of translated text with or accompanied by a certain type of certain type, or the same expression . Second, the trademark administrative department shall, on the basis of its authority or upon the request of an interested person, revoke or withdraw the registration of a trademark of a wine or liquor that contains or incorporates a wine or liquor label indicating the country of origin of the wine. Thirdly, for geographical indications that use polyphonic or isomorphic characters, each geographical indication should be protected in the same way that producers are treated equally and consumers are not misled; each member should identify homophones or isomorphisms. The conditions for distinguishing between word geographical indications.
3.2 Trademark rights After joining the WTO, China will implement the "Trade-Related Aspects of Intellectual Property Rights Agreement" (TRIPS Agreement) in accordance with its commitments. Trademark rights are the main content of intellectual property protection. The "Trademark Law of the People's Republic of China" revised by the People's Republic of China for the second time is a change of the current law and China's external commitments. It is in line with WTO regulations.
We must pay attention to the changes in our new trademark law that will take effect on December 1st. In the amended “PRC Trademark Lawâ€, the content of protection is extended from the country to WTO members. For example, “the applicant for trademark registration has been within 6 months from the date of the first trademark application filed by a foreign country in the foreign country. If China applies for the trademark registration of the same goods under the same trademark, it may enjoy priority in accordance with the agreement signed by the foreign country with China or the international treaty to which it participates, or according to the principle of mutual recognition priority." Another example is "Trademarks in the Chinese government For the first time on the merchandise exhibited by an organized or recognized international exhibition, the registered applicant of the trademark may enjoy priority within six months from the date of display of the merchandise.†These regulations are global economic integration. Needs, but also the challenges faced by domestic packaging products in the international market that they must meet after joining the WTO.
Not long ago, the internationally renowned magazine The Economist sued Sichuan’s “Economist†magazine to the China Trademark Review and Adjudication Board, arguing that the latter infringed its trademark ownership on the grounds that “The Economist†was a world famous trademark and should be protected. . According to the revised "Trademark Law", Article 13 expressly provides that "trademarks for which the same or similar goods are applied for registration are copied, copied or translated into other well-known trademarks that are not registered in China. This can easily lead to confusion, and registration is prohibited and prohibited. Use.†The result is clear, we must pay full attention to the graphic design of commodity packaging trademark.
3.3 Design rights The design of industrial products and packaging containers (bags) embodies the designer's creative intellectual labor and solidifies part of the total investment. By protecting the design, the product or product is actually protected. Design requirements for design rights should be original. The so-called originality means that the design is the result of the intellectual work of the creator. At the same time, the design does not belong to the “average†results compared with the results of other producers or designers, and it can enjoy the protection of TRIPS. This means that for designs that do not have originality, intellectual property cannot be obtained and the law cannot be protected.
The TRIPS Agreement clearly stipulated the content and scope of design rights. The person responsible for engaging in and providing the designer with illegal copies shall bear the corresponding legal liability. It should be pointed out that the packaging design right has not caused us enough attention, and the number of patent applicants for packaging design patents in China is only about 1%.
IV. Overcome the Three Barriers After China's accession to the WTO, we will face its own three major barriers in dealing with the WTO.
The first is "language barriers." English has become an international language for modern business, finance, and product packaging. Before joining the WTO, it spread only in a small number of people. After joining the WTO, we cannot but master it. Even if you are a secretary, technician, or packer, you need to speak English if you want to communicate with future bosses and talk about conditions. Relevant information shows that in the work of foreign companies or multinational corporations from the office to the bottom of the factory, the ordinary wages of English-speaking workers are usually 25% to 35% higher than those who do not speak English.
The second is the "regular barrier" we are about to face. The WTO has made silent changes in the comparison of the power of all things around us. Whether you are a national agency staff member, a packaging worker, or an entrepreneur, you must comply with the WTO rules. In the face of the new rules, we must adapt to WTO rules in many aspects such as strategic technology, organizational structure, corporate culture, and salary system. As a member of the enterprise, we must change ourselves at any time. If it fails to adapt, the consequences are blocked by barriers outside the city.
The third is that "barriers to exchange" cannot be ignored. In the new economic and trade environment, we must pay more attention to business exchanges in different cultural contexts. It is particularly important to understand different ways of thinking. For example, understanding the Westerners' thinking in depth and understanding their thinking and ways of doing things is very good for eliminating mutual misunderstandings and barriers. After joining the WTO, a large number of transnational corporations and a large number of overseas personnel will come to work in China, and the exchange between them will naturally become more and more frequent. There will be more talented people around us and good communication with them will certainly greatly improve us. It is our task to overcome the above three major barriers.
V. Entering a New Realm China's accession to the World Trade Organization is a response to the needs of the trend of economic globalization. However, we should be soberly aware that joining the WTO has both advantages and disadvantages. How to connect China's packaging industry with the WTO, we propose the following suggestions.
5.1 Intensifying the implementation of new regulations In order to join the WTO, China has revised and formulated a large number of laws and regulations, and the packaging industry must work hard to learn and implement the relevant regulations of the WTO. The first is to study WTO rules, such as the TRIPS Agreement, to understand what TRIPS requires of intellectual property protection, what obligations China will fulfill, and, in particular, what improvements and amendments should be made to the intellectual property protection mechanism. Secondly, we must study the newly revised Chinese laws and regulations, such as the "PRC Patent Law" and "China" that have already been implemented.
I. New milestone On November 10, 2001, at 23:30, this was an unforgettable moment for China and the whole world. The chairman of the conference, Kamal, made a final decision: China's successful accession to the WTO. The Doha meeting unanimously adopted the "Decision on China's Accession to the WTO." The applause of the audience was full of thunder and applause. The members of the Chinese delegation applauded the chairman of the meeting and the delegates!
As the lively scene slowly calms down, people begin to think calmly: China's wish to enter the WTO is far from the joy of Beijing's successful bid for the Olympics, singing and dancing. After China's accession to the WTO, governments at all levels and all types of enterprises have become more burdensome. Opportunities and challenges coexist. Hope and difficulties are on the horizon. Everyone is thinking about responding to WTO accession strategies.
In order to join the WTO, China has abolished thousands of relevant laws and regulations and judicial interpretations. A large number of laws and regulations are subject to revision and improvement, and intellectual property rights are the focus. The implementation of the new version of the “PRC Patent Law†and the “PRC Trademark Law†is intended to be in line with the WTO. Previously we were most familiar with patent rights, trademark rights, and copyrights, and entering the WTO would expose us to new challenges in knowledge protection. We should take advantage of the situation to open up a new situation in the development of packaging. The 15 years of entry into the WTO fully proves this.
Second, China's WTO accession scan On July 10, 1986, China formally applied for the restoration of the status of GATT contracting parties.
On October 22, 1987, the first meeting of the GATT China Working Group of the GATT was held in Geneva.
From December 12 to 14, 1989, the eighth meeting of the GATT China Working Group was held in Geneva.
In October 1991, Chinese Premier Li Peng sent a letter to the heads of GATT parties to clarify China’s position on reentry.
On October 10, 1992, China and the United States reached the "Market Access Memorandum," and the United States promised to "support China's re-entry".
At the end of August 1994, China proposed a trade concession table as a package solution to the issue of re-entry.
From November 28 to December 19, 1994, the 19th working meeting of the GATT China Working Group was held in Geneva. Negotiations did not reach an agreement.
From March 11 to March 13, 1995, U.S. Trade Representative Kanter visited China and reached an eight-point agreement on the issue of re-entry. He agreed to conduct China's WTO accession negotiations on a flexible and pragmatic basis.
From May 7 to May 19, 1995, the Chinese delegation went to Geneva to conduct informal bilateral consultations with the contracting parties.
On June 3, 1995, China became an observer of the WTO.
In November 1995, China became "China's WTO accession" 10 years later.
March 22, 1996, attended the first formal meeting of the WTO China Working Group.
In 1997, China had reached bilateral agreements with more than 20 countries including New Zealand, South Korea, Argentina, Colombia, Chile and India.
On June 17, 1998, Jiang Zemin accepted an interview with a U.S. reporter and proposed the three principles of "entering the WTO."
On November 15, 1999, China and the United States reached an agreement on China’s accession to the WTO.
On May 19, 2000, China and the EU reached a bilateral agreement on China's accession to the WTO.
On September 13, 2001, China and Mexico reached a bilateral agreement on China's accession to the WTO.
On November 2, 2001, Long Yongtu announced that China's WTO final schedule was finalized, and all documents for the WTO entry were signed on the 11th.
On November 10, 2001, China formally joined the World Trade Organization WTO.
Third, the WTO docking points Intellectual property rights, trade in goods, trade in services are the three pillars of the WTO. Therefore, the connection between China and WTO is closely related to intellectual property. Due to the need for healthy trade and economic development in the world, the WTO Regulations on Trade-related Intellectual Property Rights (TRIPS) has become an important law that WTO members must abide by.
The scope of intellectual property rights stipulated in the TRIPS Agreement mainly consists of seven kinds of intellectual property rights, namely copyright, trademark rights, geographical indication rights, design rights, patents for inventions, design rights of integrated circuit layout and undisclosed information rights (ie, Trade secrets). Let's take a look at the three elements that are closely related to packaging.
3.1 The Right to Geographical Indications The “TRIPS Agreement†of the WTO specifies the protection of geographical indications (ie the origin of packaging products) and defines the concept of geographical indications. The so-called geographical indication refers to the identification of a packaged commodity originating in the territory of a member country or originating in an area or place in the geographical area; the specific quality, reputation or other characteristics of the commodity, and the text of the geographical source Or pattern associated.
Geographical indications can be divided into two parts according to the provisions of the “TRIPS Agreementâ€: one part identifies the origin of the packaged goods for such a sign, including a member’s territory or an area or place therein; and the other part indicates that the sign represents a certain The specific quality, reputation, or other characteristics of the packaged product, and this feature is in some way linked to the area, region, or place in the previous section.
The WTO stipulates the protection of geographical indications. The obligations of members mainly include two aspects. First, if the trademark contains or incorporates a product's geographical indication and misleads the public to ignore the real source, its trademark administrative department shall dismiss or withdraw the trademark on request or at the request of an interested party. Second, unfair competition that exists in the real world, including the explicit or implicit indication in the title or expression of the goods in any way that the relevant packaged goods originate from a place other than the genuine source, and that the public misunderstood the source of the packaged goods, The competent authority shall promptly correct it.
Since the protection of geographical indications of alcoholic packaging involves major interests of developed countries such as Europe and the United States, the TRIPS Agreement on the geographical indications of wine and liquor is stipulated in Article 23: First, the use of other people's origin marks is prohibited. Wines or liquors that do not originate from the place indicated by the logo, even if they are also marked with the real source of the goods; prohibited use of translated text with or accompanied by a certain type of certain type, or the same expression . Second, the trademark administrative department shall, on the basis of its authority or upon the request of an interested person, revoke or withdraw the registration of a trademark of a wine or liquor that contains or incorporates a wine or liquor label indicating the country of origin of the wine. Thirdly, for geographical indications that use polyphonic or isomorphic characters, each geographical indication should be protected in the same way that producers are treated equally and consumers are not misled; each member should identify homophones or isomorphisms. The conditions for distinguishing between word geographical indications.
3.2 Trademark rights After joining the WTO, China will implement the "Trade-Related Aspects of Intellectual Property Rights Agreement" (TRIPS Agreement) in accordance with its commitments. Trademark rights are the main content of intellectual property protection. The "Trademark Law of the People's Republic of China" revised by the People's Republic of China for the second time is a change of the current law and China's external commitments. It is in line with WTO regulations.
We must pay attention to the changes in our new trademark law that will take effect on December 1st. In the amended “PRC Trademark Lawâ€, the content of protection is extended from the country to WTO members. For example, “the applicant for trademark registration has been within 6 months from the date of the first trademark application filed by a foreign country in the foreign country. If China applies for the trademark registration of the same goods under the same trademark, it may enjoy priority in accordance with the agreement signed by the foreign country with China or the international treaty to which it participates, or according to the principle of mutual recognition priority." Another example is "Trademarks in the Chinese government For the first time on the merchandise exhibited by an organized or recognized international exhibition, the registered applicant of the trademark may enjoy priority within six months from the date of display of the merchandise.†These regulations are global economic integration. Needs, but also the challenges faced by domestic packaging products in the international market that they must meet after joining the WTO.
Not long ago, the internationally renowned magazine The Economist sued Sichuan’s “Economist†magazine to the China Trademark Review and Adjudication Board, arguing that the latter infringed its trademark ownership on the grounds that “The Economist†was a world famous trademark and should be protected. . According to the revised "Trademark Law", Article 13 expressly provides that "trademarks for which the same or similar goods are applied for registration are copied, copied or translated into other well-known trademarks that are not registered in China. This can easily lead to confusion, and registration is prohibited and prohibited. Use.†The result is clear, we must pay full attention to the graphic design of commodity packaging trademark.
3.3 Design rights The design of industrial products and packaging containers (bags) embodies the designer's creative intellectual labor and solidifies part of the total investment. By protecting the design, the product or product is actually protected. Design requirements for design rights should be original. The so-called originality means that the design is the result of the intellectual work of the creator. At the same time, the design does not belong to the “average†results compared with the results of other producers or designers, and it can enjoy the protection of TRIPS. This means that for designs that do not have originality, intellectual property cannot be obtained and the law cannot be protected.
The TRIPS Agreement clearly stipulated the content and scope of design rights. The person responsible for engaging in and providing the designer with illegal copies shall bear the corresponding legal liability. It should be pointed out that the packaging design right has not caused us enough attention, and the number of patent applicants for packaging design patents in China is only about 1%.
IV. Overcome the Three Barriers After China's accession to the WTO, we will face its own three major barriers in dealing with the WTO.
The first is "language barriers." English has become an international language for modern business, finance, and product packaging. Before joining the WTO, it spread only in a small number of people. After joining the WTO, we cannot but master it. Even if you are a secretary, technician, or packer, you need to speak English if you want to communicate with future bosses and talk about conditions. Relevant information shows that in the work of foreign companies or multinational corporations from the office to the bottom of the factory, the ordinary wages of English-speaking workers are usually 25% to 35% higher than those who do not speak English.
The second is the "regular barrier" we are about to face. The WTO has made silent changes in the comparison of the power of all things around us. Whether you are a national agency staff member, a packaging worker, or an entrepreneur, you must comply with the WTO rules. In the face of the new rules, we must adapt to WTO rules in many aspects such as strategic technology, organizational structure, corporate culture, and salary system. As a member of the enterprise, we must change ourselves at any time. If it fails to adapt, the consequences are blocked by barriers outside the city.
The third is that "barriers to exchange" cannot be ignored. In the new economic and trade environment, we must pay more attention to business exchanges in different cultural contexts. It is particularly important to understand different ways of thinking. For example, understanding the Westerners' thinking in depth and understanding their thinking and ways of doing things is very good for eliminating mutual misunderstandings and barriers. After joining the WTO, a large number of transnational corporations and a large number of overseas personnel will come to work in China, and the exchange between them will naturally become more and more frequent. There will be more talented people around us and good communication with them will certainly greatly improve us. It is our task to overcome the above three major barriers.
V. Entering a New Realm China's accession to the World Trade Organization is a response to the needs of the trend of economic globalization. However, we should be soberly aware that joining the WTO has both advantages and disadvantages. How to connect China's packaging industry with the WTO, we propose the following suggestions.
5.1 Intensifying the implementation of new regulations In order to join the WTO, China has revised and formulated a large number of laws and regulations, and the packaging industry must work hard to learn and implement the relevant regulations of the WTO. The first is to study WTO rules, such as the TRIPS Agreement, to understand what TRIPS requires of intellectual property protection, what obligations China will fulfill, and, in particular, what improvements and amendments should be made to the intellectual property protection mechanism. Secondly, we must study the newly revised Chinese laws and regulations, such as the "PRC Patent Law" and "China" that have already been implemented.
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