On November 24, 2018, Tianjin University Law School and Tianjin University Intellectual Property Law Research Base held Intellectual Property Seminar which also was called Intellectual Property Law Forum between China and Japan, to commemorate the 40th anniversary of signing China-Japan Peace and Friendship Treaty. A number of scholars and experts from Waseda University, Japan International Future Science Institute, Renmin University of China, Chinese Academy of Social Sciences, Peking University, Meiji University, Osaka University, Yamaguchi University and Beijing Institute of Technology participated in the forum. Combining theory with practice, they discussed main problems about patent law, made some valuable suggestions which might be helpful to the development of Intellectual Property.

A lot of scholars, experts, teachers and students participated in the forum. They were former Japanese Foreign Minister and Minister of Internal Affairs and Communications Hamada, President of Japan Industrial Ownership Law Society professor Gao Linlong, President of the China Intellectual Property Law Association professor Liu Chuntian, vice president of the China Intellectual Property Law Association professor Li Mingde, Professor of Renmin University Law School Yao Huanqin, vice dean of Beijing Institute of Technology Law School, Professor Guo Dezhong, director of the Policy and Regulation Division Apartment of Tianjin Intellectual Property Office Cao Peijian, president of the intellectual property office of Tianjin Superior People's Court Xian Shengqiang, School of Political Science and Law of Tianjin University of Science and Technology professor Wang Jilin, dean of Tianjin University Law School professor Sun Youhai, party secretary of Tianjin University Law School Yang Huan, executive director of Tianjin University Intellectual Property Law Research Base professor Yu Fenglei and students of law school.

Vice-president of Tianjin University Yuan Yingjin said, “Since Tianjin University Law School was rebuilt, Law School made a lot of achievements. Tianjin University Intellectual Property Law Research Base had taught many students, and plays an important role in exchanging between Chinese and Japanese intellectual property law circles.”

Dean of Tianjin University Law School Professor Sun Youhai stated that the development of Tianjin University Law School had been the fastest of law schools in China recently, and he made suggestions on strengthening the exchanges and cooperation between Chinese and Japanese legal circles, especially the intellectual property law community.

Professor Liu Chuntian delivered a speech named “The forty years of Chinese Intellectual Property Law”. He pointed out that this year is not only the fortieth year of reform and open policy of China but also the fortieth year of signing China-Japan peace and friendship treaty. He also said that China could learn Japan’s experience in modernization, and Intellectual Property Law were more and more important.

Mr. Hamada made a speech named, and said that the cooperation between China and Japan was important and we could strengthen China-Japan non-governmental exchanges.

Professor Gao Linlong made a speech named “Review of the latest patent cases in Japan”. He showed some latest cases and explained the standard of Product-by-Process claim tort and elements of defense.

Professor Li Mingde introduced the history of revision of Patent Law in China, design protection period, drug link, internet service provider's responsibility, standard essential patent, patent invalidation procedure, etc.

Professor Imamura Tetsuya of Meiji University Information Exchange School gave a report on the guidelines for the negotiation of standard essential patent licenses and the expectation of effective use of international arbitration.

Professor Liu Liangyin gave some advice about governmental responsibility, administrative mediation, IPS tort and ways to find evidences.

Professor Yu Fenglei gave a report on the research on the intellectual property protection system of synthetic biology. He proposed that while emphasizing the property rights of intellectual property rights, it should be interpreted from the three development concepts of “openness”, “innovation” and “sharing”.

Professor Ogawa Akiko of intellectual property center of Yamaguchi University explained the significance of intellectual property education with the example of intellectual property education at Yamaguchi University, and believed that intellectual property education was not only to deliver the knowledge of intellectual property to students, but also to encourage students to think about society responsibility.

Professor Kato Gent of Intellectual property center of Osaka University introduced the particularity of patent infringement, the order in the lawsuit, and the calculation method of the amount of damages.

Professor Guo Dezhong made some suggestions on utility model and industrial design patent, patent administrative law enforcement, employee invention, collective infringement and repeated infringement.

At last, Professor Gao Linlong delivered a closing speech. He said he was excited to participate in the Intellectual Property Law Forum. At the time of the 40th Anniversary of the China-Japan Peace and Friendship Treaty and the revision of the Chinese Patent Law, Tianjin University Law School held an IP Law Forum at the right time.

By: Yu Zhang

Editor: Qin Mian and Keith Harrington