To Know QBPC: Bridge & Ties

QBPC Mission

 

To make contributions to facilitate and promote the continuous improvements of administrative and judicial protection for intellectual property in China; to enable the judiciary in order to better serve as a guide for predictable and consistent judicial protection for intellectual property; to perfect related policies and the legal framework; to construct a fair and orderly environment based on the rule of law for economic growth; and to foster an open innovative environment for the development of science and technology through strengthening cooperation with central and local governments, relevant agencies, institutions, academia, media, enterprises, and the international community.

 

Founded in 2000, the Quality Brands Protection Committee of China Association of Enterprises with Foreign Investment (QBPC) is a subsidiary of the China Association of Enterprises with Foreign Investment (CAEFI) under the Ministry of Commerce.

 

Since its foundation, QBPC has been actively organizing various seminars, exchanges and training activities, providing opinions and suggestions on amending the IPR laws and regulations to National People's Congress, Supreme People's Court, Supreme People's Procuratorate as well as Ministries and Commissions of the State Council. Through the approach, QBPC has been promoting public education on IPR, and proactively building a platform for exchanges between China and the international community.

 

With the relentless efforts of all member companies, leadership team members and the staff, QBPC has achieved sound development throughout the past 25 years and built up a good reputation and credibility within China and the international community. QBPC has evolved itself into an effective bridge among not only the governments, judiciary, law enforcement agencies and member companies but also international organizations, Chinese and foreign judiciaries and law enforcement agencies, domestic and foreign enterprises, academia and media in terms of IPR communication and collaboration.

 

To be Familiar with QBPC: a Professional Team

 

QBPC has seven departments to carry out the organization’s activities, namely, Best Practices/Enforcement, Customs Affairs, Government Affairs and Public Policy, Legal, Patent and Innovation, Internet Affairs, and Industry Affairs.

For many years, QBPC has given full play to its professional skills, and has made contributions in boosting the sound development of China’s intellectual property protection by offering suggestions: In 2009, QBPC and Huawei Group jointly raised their concern over the risks to R&D enterprises in China if the article on service invention reward under the draft amendment of the Implementation Rules of the Patent Law was passed. The report submitted by QBPC gained attention from the Ministry of Commerce, Legislative Affairs Office of the State Council, and State Intellectual Property Office, and a last minute important and reasonable modification was applied to the last version of the amendment. The Trademark Law went effective on May 1, 2014. In the third amendment of Trademark Law, QBPC made comments on all drafts from the State Administration for Industry & Commerce, the Legislative Affairs Office of the State Council and the National People's Congress. Some views of QBPC were then adopted. In August 2015, Article 2 of the Law on Promoting the Transformation of Scientific and Technological Achievements issued by the National People's Congress adopted the views of QBPC, defining concepts such as scientific and technological achievements, etc. QBPC has always been concerned about the trademark infringement in OEM, and has actively expressed its views and provided its suggestions to enforcement and judicial authorities such as the Supreme People’s Court, General Administration of Customs, the Trademark Office of the State Administration for Industry & Commerce, etc. The Electronic Commerce Law of the People’s Republic of China (referred to as E Commerce Law) has always been a key priority of QBPC. In 2017, QBPC submitted written comments and suggestions to the Financial and Economic Commission and Legislative Affairs Commission of National People’s Congress three times and met with the E-Commerce Law drafting team. The final version of the law incorporated several suggestions of QBPC.

 

In February 2021, the Supreme People’s Procuratorate announced the widespread promotion of the system of proactively informing IPR holders of their rights and obligations in public prosecution and trial of IP crimes. As a result, the IPR holders could take part in the proceedings and claim their lawful rights more adequately, which might help to ascertain the criminal facts. In the past, IPR holders were excluded from relevant proceedings. As early as 2014, QBPC noticed the flaw in the system and started advocating for the reform. Later a pilot program was initiated by Shanghai Municipal People’s Procuratorate, which turned out to be a success. Its critical role in facilitating this reform is well recognized by SPP.

 

The QBPC publishes its annual "IPR Protection Best Practice Cases" to assess and summarize the IP cases recommended by QBPC members. This initiative aims to acknowledge the efforts of relevant judicial organs and law enforcement agencies in IP protection as well as sharing best practice with member companies in order to enhance their case handling skills and capabilities. While generating wide representation and international influence, the cases are highly recognized by relevant ministries, judicial organs, and local law enforcement departments.

 

To Work with QBPC: A Reliable Partner

 

As the only member-driven industry organization with “Global Width and China Depth” focusing on improving the IPR legal framework and enforcement in China, QBPC leverages the professionalism and dedication of leadership team members to provide multi-facet service to members companies.

 

As a member of QBPC, you will no longer be alone in the fight against IPR infringement.

 

As a member of QBPC, you can share with other members the expertise and experience in IPR creation, application, management and protection to build up the capacity.

 

As a member of QBPC, you can intensify communication and cooperation with IPR enforcement and judicial authorities at all levels via the effective communication platform established by QBPC.

 

As a member of QBPC, you can have timely access to the latest information regarding China’s intellectual property rights legal construction, judicial decision and academic research, understand the status and trend of infringement and be informed of relevant action by the government.

 

QBPC Membership Service Journey provides the members with the chance to learn from each other and the platform of communication in forms of company open day, exchange meetings, sports games, etc.

 

QBPC Departments

The QBPC has seven departments to carry out the organization’s activities and objectives:

 

Best Practices/Enforcement Department

• 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.

• Organize the collection, exchange, and seminar on Best Practice Cases in IPR Protection.

• Work cooperatively to improve the standard, efficiency and transparency of law enforcement.

Customs Affairs Department

• Work closely with the GACC and customs authorities at all levels to persistently strengthen IPR customs protection through training and exchange activities with IP rights holders, other law enforcement agencies, and international organizations.
• Actively assist and cooperate with Chinese customs to carry out efficient law enforcement actions and specialized IPR protection actions.
• Closely follow the developments in customs-related laws, regulations, and policies, provide suggestions and advice, promptly collect and submit the opinions of member companies, and contribute to the improvement of policies. Support the Chinese customs in strengthening cross-border law enforcement cooperation with foreign law enforcement agencies to jointly create a favorable international environment for IPR protection.

 

Government Affairs and Public Policy Department

• Assist in regular communication between QBPC management and relevant central and local government agencies, foreign resident government offices, associations, societies and chambers of commerce.

• Monitor relevant policies, laws and regulations and advise QBPC management.

• Support and coordinate other cross-committee/IWG GPA issues, particularly commenting on major policies and regulations that affect all QBPC membership.

 

Internet Affairs Department

The Internet Committee focuses on online counterfeiting and infringement issues faced by QBPC members on e-commerce platforms, social media, short video platforms, search engines, independent websites, etc. It closely follows up the latest development in Internet ecology, platform governance and brand protection. Through regular communication and strong collaboration with Internet companies, it aims at creating a platform for exchanges and learning as well as making concerted efforts with law enforcement authorities, Internet companies and other stakeholders on handling relevant issues.

 

Legal Department

• Timely monitor and share with members the latest developments of IPR related laws, regulations and policies.

• Support and participate in 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.

 

Patent and Innovation Department

• Support 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 amendments 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 R&D investment experience and patent practices in China.

 

Industry Affairs Department

• Includes 15 industries, namely, Agricultural, Artificial Intelligence & Digital, Automotive, Chemical, Electric & Automation, Food Beverage & Alcohol, Home Appliances, Lighting and Smart Home, Luxury Goods, Personal Care, Pharmaceutical & Medical Devices, Printing, Sports Fashion & Lifestyle, Toys & Licensed Goods, and Wireless & Integrated Circuit.

• This department is dedicated to examining and addressing IPR protection issues pertinent to the above-mentioned industries.

 

The QBPC Office, set up in 2007, provides support and services to the QBPC Steering Council, Departments, and member companies.