As the closing ceremony of the 120th anniversary of Peking University Law School, hosted by Peking University Law School Friendship Association Intellectual Property Branch, and organized by Jijia Intellectual Property Agency Co., Ltd. the 8th Academic Seminar of Peking University Law Alumni Association Intellectual Property Branch was successfully held at Peking University Law School at 14:00 on January 12, 2019.

 

The eighth session of the symposium was officially launched

 

  Chen Jinchuan, Deputy Dean of Beijing Intellectual Property Court, Chen Huizhen, Member of the Shanghai Intellectual Property Court Review Committee, Yang Li, President of the Third People's Court of Sichuan Province, Zhang Jin, Professor of China University of Political Science and Law, Sun Guorui, Professor of Beijing University of Aeronautics and Astronautics, Yu Hui, Dean of Zhongguancun Vision Intellectual Property Innovation Research Institute, Yu Zehui, Director of Jijia Intellectual Property Agency Co., Ltd., Zhang Hao, Senior Partner of Jijia Intellectual Property Agency Co., Ltd., Pan Jianfeng, Dean of Peking University Law School, Professor Yi Jiming, Liu Yinliang, Dang Shuping, Director of the Law School Alumni Work Office, Zhu Qichao, Chairman of the Intellectual Property Branch of the Law School Alumni Association, Ma Dongxiao, Vice Chairman, Wang Danqing, Secretary, He Shengwen , Deputy Secretary of the Law School Alumni Association, and more than 100 Peking University law alumni and experts and scholars from home and abroad in the practice field of the property rights field and the theoretical circles returned to Yanyuan and narrated the knowledge. The opening ceremony of the event was hosted by Lu Xinxin, Deputy Director of the Peking University Law School Alumni Office.

 

Lu Xinxin presided over the opening ceremony

 

  Dean Pan Jianfeng first expressed his warm welcome and greetings to the alumni. He said that the law school is a big family. In this big family, alumni are very important members. The achievements of the college in teaching reform, scientific research publication, talent team building and student training are inseparable from the support of the alumni. Dean Pan also introduced the current activities of the Alumni Association, combined his experience in visiting the Intellectual Property Court with the Internet Court, pointed out that there are more cases involving IPR infringement disputes in the court practice, which provided us with more questions for research. A series of seminars conducted by the Intellectual Property Branch will make a great contribution to the further development of China's judicial practice and intellectual property system, and he sincerely wished the seminar to be held successfully.

 

Dean Pan Jianfeng delivered a speech

 

  Then, President Zhu Qichao first reviewed the 40 years of reform and opening up and the development of Peking University Law School. He said that everyone here is a participant, witness and creator of 40 years. Today’s intellectual property development and everyone present here. There is a close relationship and everyone has contributed. He believes that the past 40 years has been a big tide for intellectual property rights, and it has been surging. Many people, including those who report for everyone today, are the ones who brave the tide and promote the tide of development. Those who have made tremendous contributions to the intellectual property of our country must applaud everyone.

 

President Zhu Qichao delivered a speech

 

  In the speech, Yu Zehui, Director of Jijia Intellectual Property Agency Co., Ltd., expressed his gratitude to Jijia Intellectual Property Agency Co., Ltd. for hosting the 8th Symposium of the Peking University Law School Alumni Association Intellectual Property Branch. He pointed out that many of the Peking University alumni of Peking University Law School, Peking University Law School and other Peking University alumni are engaged in intellectual property work and have extensive influence in the industry. Through the platform of the Alumni Association Intellectual Property Branch, everyone can communicate. Intellectual property theory and practice contribute to the development of intellectual property in China. At the same time, through this platform, we can also strengthen the relationship between alumni, strengthen the emotional connection between alumni and alma mater, and law school, contribute to the alma mater, contribute to the construction of Peking University Law School, and benefit our alumni themselves. Jiajia Intellectual Property Agency Co., Ltd. will continue to support and actively participate in the work and activities of the Alumni Association. It is also hoped that the alumni will enthusiastically participate in the activities and work of the Alumni Association Intellectual Property Branch.

 

Director Yu Zehui delivered a speech

 

  The seminar was divided into the first and the second half. The first half was hosted by Zhang Jin, executive director of the China Intellectual Property Law Research Association and deputy secretary-general of the China University of Political Science and Law. The first half of the year was mainly about issues related to the Copyright Law.

 

Professor Zhang Jin presided over the first half of the seminar

 

  Sun Guorui, a professor at the School of Law of Beijing University of Aeronautics and Astronautics, as the first guest speaker, exchanged views on his own experience of studying the Copyright Law and explained the rights of copyright owners. Through the introduction of the development process of the Copyright Law and the comparative law research in Germany, France and Taiwan, he analyzed in detail the authors involved in copyright, the rights enjoyed after the creation of works, and the right to pursue copyright.

 

Professor Sun Guorui spoke

 

  Professor Liu Yinliang of Peking University Law School explained the difficult problems in the fourth revision of the Copyright Law. He combined his own research and put forward a lot of constructive ideas, including whether oral works should be protected, copyright rights system and AI works. Problems such as regulation caused heated discussions among the participants.

  Professor Liu said that the copyright system should be designed to design such a right for copyright owners and communicators, as well as to take care of the rights of the public and consumers and set limits on their rights. Because the copyright system is the fundamental system of society and involves the whole social governance, it has a great relationship with the ingestion of information, the construction of culture, and the improvement of the quality of the whole society. If the design is not good, it may be a spiritual life and society for China. Life brings a lot of troubles and disputes. In this era, everyone may be authors, communicators, and consumers. Under such a system, if the system is not well designed, it is likely to cause a lot of institutional waste and difficulties in legal interpretation and law application. Le's work hard.

 

Professor Liu Yinliang spoke

 

  Chen Jinchuan, Vice President of the Beijing Intellectual Property Court, shared his thoughts on the originality of the works in China's copyright law. He analyzed the differences between the copyright system and the authorship system, and this difference led to different trends in the design of the entire copyright system. Although China's "Copyright Law" draws on the copyright system in some specific systems, it should be noted that China's overall legal system is closer to the civil law system. Our "Copyright Law" is also authored by the author as a whole. The rights system is basically the same. Therefore, when studying the originality in China's "Copyright Law", we must regard the originality standard in the authorship system as an indispensable factor. Moreover, the determination of the originality standards should also note that the "Copyright Law" of China stipulates the design of the two systems of copyright and neighboring rights. These two factors are indispensable and deserve our in-depth study.

 

Vice President Chen Jinchuan spoke

 

  Professor Yi Jiming of Peking University Law School introduced the Sino-US interaction and the evolution of China's intellectual property system in conjunction with the Sino-US trade war. Professor Yi said that historically, China's intellectual property system was formed under the pressure of the United States, but intellectual property trade disputes far exceeded the scope of intellectual property rights, and may be related to China's economy and market while intellectual property rights were revised. There have been some touches, and even this has affected the political direction of China. But at the same time, the pressure from the US in the Sino-US interaction is actually a good external driving force for us. We hope that under this kind of promotion, our intellectual property system will be more and more perfect, and our society will be more and more advanced.

 

Professor Yi Jiming spoke

 

  After a short break, the second half of the event officially began. It was chaired by Ma Dongxiao, Vice President of the Intellectual Property Branch of Peking University Law School Friendship Association and partner of Zhong Lun Law Firm.

 

Mr. Ma Dongxiao presided over the event

 

  The second half of the speech was started by Chen Huizhen, a full-time member of the Shanghai Intellectual Property Court Review Committee. She explained the constituent elements of the Internet unfair competition behavior from four classic cases and related laws, including subject, subjective purpose, behavioral characteristics, and objective results. The unique analysis of the profession is refreshing, and frequently raises questions and discussions from the participants.

 

Member Chen Huizhen spoke

 

  Then, Yang Li, the president of the People's Court of the Sichuan Higher People's Court, combined with her rich experience in trials, shared the issue of “Applying the principle of good faith in trademark infringement cases”. She introduced the judges in the trial through specific cases. In the case of relevant cases, several questions were raised for everyone to think about. Emphasizing the application of the principle of good faith requires attention to a "degree" problem, which needs to be applied in conjunction with the specific circumstances of the case.

 

President Yang li spoke

 

  Yu Hui, Dean of the Zhongguancun Vision Intellectual Property Innovation Research Institute, analyzed the patent indirect infringement case in conjunction with the Xidian Jietong case. Through case analysis, he analyzed the significance behind the case, interpreted relevant policies and speeches, and exchanged and interacted with the participants on issues such as direct infringement and intentional infringement.

 

President Yu Hui spoke

 

  Zhang Hao, a lawyer and senior partner of Jijia Intellectual Property Agency Co., Ltd. brings a hot topic and intellectual property protection of GUI (Graphical User Interface). He introduced in detail the application of GUI in different industries, the carrier of GUI products, the different legal regulation modes of GUI at home and abroad, and other theoretical and practical issues.

 

Lawyer Zhang Hao spoke

 

  At the end of the seminar, President Zhu Qichao made a closing ceremony summary. President Zhu expressed his gratitude to Jijia Intellectual Property Agency Co., Ltd. and distinguished guests, presenters and participants, and stressed that regardless of whether or not Peking University graduated, as long as they can help and contribute to Peking University and Peking University Law School, they are friends of Peking University. Welcome everyone to join the intellectual property branch, welcome everyone to "occupy" our platform!

 

Participants took a group photo