How to deal with WTO in China's packaging industry

2022-09-23
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How does China's packaging industry cope with WTO

there are many happy events in the new century. In July, Beijing successfully applied for the Olympic Games; In the red season, China celebrates its accession to the WTO. An oriental nation that strives for self-improvement, a great country that is growing stronger and stronger, and actively integrates into the mighty torrent of world economic development, the Great China is bound to make greater contributions to the development of the global new economy

A new milestone at 23:30 on November 10, 2001, this was an unforgettable moment for China and the world. The president of the General Assembly Kamal made a decisive decision: China's successful accession to the WTO. The Doha Conference unanimously adopted the decision on China's accession to the WTO. The audience applauded and cheered warmly for a long time. Members of the Chinese delegation applauded and thanked the president and the delegates attending the meeting

as the lively scene slowly calmed down, people began to think calmly: China's accession to the WTO as desired is far from the jubilation and singing and dancing of the whole country as Beijing's successful Olympic bid. After China's entry into WTO, governments at all levels and enterprises of all kinds have a heavier burden. Opportunities and challenges coexist, and hopes and difficulties coexist. Everyone is thinking about strategies to deal with China's entry into WTO

in order to join the WTO, China has abolished thousands of relevant laws and regulations and judicial interpretations, guided and encouraged backbone enterprises to carry out the construction of "two stations and two centers", and a large number of laws and regulations are facing revision and improvement, of which intellectual property is the focus. The implementation of the new version of the patent law of the people's Republic of China, the Trademark Law of the people's Republic of China and other regulations is to be in line with WTO. In the past, we were most familiar with patents, trademarks and copyrights, and entering the WTO will make us face new challenges in knowledge protection. We should take advantage of the situation and open up a new situation for the development of packaging. The 15 years of accession to the WTO have fully proved all this

On July 10th, 1986, China formally applied to restore its status as a party to the general agreement on Tariffs and trade (GATT)

On October 22nd, 1987, the first meeting of the GATT Working Group on China was held in Geneva

From December 12 to 14, 1989, the eighth meeting of the GATT Working Group on China was held in Geneva

In October 1991, Chinese Premier Li Peng sent a letter to the heads of contracting parties to the GATT to clarify China's position on the resumption of GATT

on October 10, 1992, China and the United States reached a memorandum on market access, in which the United States promised to "support China's resumption of GATT"

At the end of August, 1994, China put forward the trade concession table as a package plan to solve the problem of GATT resumption

From November 28 to December 19, 1994, the 19th working meeting of the China working group of GATT was held in Geneva. The negotiation failed to reach an agreement

from March 11 to 13, 1995, U.S. trade representative Kantor visited China and reached an 8-point agreement on the resumption of tariffs, agreeing to negotiate China's "WTO entry" on a flexible and pragmatic basis

From May 7 to 19, 1995, the Chinese delegation went to Geneva for informal bilateral consultations with the contracting parties on the resumption of GATT

On June 3, 1995, China became an observer of the World Trade Organization (WTO)

in November 1995, ten years after China's "GATT resumption", it became China's "WTO entry"

on March 22, 1996, he attended the first formal meeting of the WTO Working Group on China

In 1997, China reached bilateral agreements on its accession to the WTO with more than 20 countries, including New Zealand, South Korea, Argentina, Colombia, Chile and India

On June 17, 1998, Jiang Zemin was interviewed by the United States and put forward the three principles of "WTO entry"

On November 15, 1999, China and the United States reached an agreement on China's accession to the World Trade Organization (WTO) with the improvement of people's living standards and the increasing personalized demand in the consumption field

On May 19, 2000, China and the European Union 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 the final timetable for China's accession to the WTO, and signed all the documents of accession on November 11

On November 10, 2001, China officially joined the world trade organization

III. WTO docking points

intellectual property, trade in goods and trade in services are the three pillars of the WTO. Therefore, the connection between China and WTO is inseparable from intellectual property rights. Due to the needs of healthy and mutually beneficial world economic and trade and scientific and technological development, the WTO regulation "agreement on trade related intellectual property rights (TRIPS)" has become an important rule that WTO members must abide by

the scope of intellectual property rights stipulated in the TRIPS agreement mainly includes seven kinds of intellectual property rights, namely copyright, trademark right, geographical indication right, design right, invention patent right, integrated circuit layout design right and undisclosed information right (i.e. trade secret). Let's take a look at the three elements closely related to packaging

3.1 geographical indication right

the TRIPS agreement of WTO specifically stipulates the protection of geographical indications (i.e. the origin mark of packaged products), and defines the concept of geographical indications. The so-called geographical indication refers to the identification that a packaged commodity comes from within the territory of a member state, or from a region or a place in the region; The specific quality, reputation or other characteristics of the commodity are mainly related to the words or patterns of the geographical source

geographical indications can be divided into two parts according to the content stipulated in the TRIPS Agreement: one part is that such signs identify the source of packaged goods, including a member region or a region or place among them; The other part is that the mark represents the specific quality, reputation or other characteristics of a packaged commodity, and the characteristics are related to the region, region or place marked in the previous part

wto stipulates the protection of geographical indications, and the obligations of members mainly include two aspects. First, if a trademark contains or combines geographical indications of goods and misleads the public to ignore identifying the real source, its trademark administrative department shall reject or revoke the trademark ex officio or at the request of interested parties. Second, for the unfair competition that exists in reality, including the express or implied origin of the packaged goods in any way in the title or expression of the goods, and causing the public to misunderstand the origin of the packaged goods, the competent department should correct it in time

because the protection of geographical indications of wine packaging involves the major interests of developed countries such as Europe and the United States, the TRIPS agreement has made detailed provisions on the geographical indications of wine and Baijiu in Article 23: first, it is prohibited to use the origin mark of others to mark wine or Baijiu that does not originate from the place referred to in the mark, even if it also marks the real source of goods; The translation text prohibited to use has or is accompanied by a certain type, a certain type, a certain type, or the same expression. Second, the trademark administrative department shall reject or revoke the registration of a trademark of a certain wine or Baijiu that contains or combines a mark indicating the origin of the wine in accordance with its authority or the request of interested parties. Third, geographical indications that use polyphonic or homographic characters should be protected on the basis of equal treatment for relevant producers and without misleading consumers; Members shall determine the conditions for distinguishing geographical indications with homonyms or homographs

3.2 trademark rights

after joining the WTO, China will fully implement the agreement on trade related intellectual property rights (TRIPS Agreement) as promised. Trademark right is the main content of intellectual property protection. The Trademark Law of the people's Republic of China, which was amended for the second time a few days ago, is to change the gap between the current law and China's foreign commitments, and to be in line with WTO regulations

we must pay attention to the changes in the new trademark law that will be implemented from December 1. In the revised trademark law of the people's Republic of China, the content of protection is extended from China to WTO members, For example, "if an applicant for trademark registration applies for the registration of the same trademark for the same goods in China within six months from the date of the first application for trademark registration in a foreign country, he may enjoy priority in accordance with the agreement signed between the foreign country and China or the international treaty to which both countries are parties, or in accordance with the principle of mutual recognition and priority." For another example, "if a trademark is first used on goods exhibited at an International Exhibition hosted or recognized by the Chinese government, the applicant for the registration of the trademark may enjoy priority within six months from the date of the exhibition of the goods." These Regulations are not only the need of global economic integration, but also the challenge of the international market that domestic packaged goods must meet after China's entry into the WTO

not long ago, the economist, an internationally renowned magazine, sued Sichuan's Economist magazine to the China Trademark Review and Adjudication Board, believing that the latter infringed its trademark ownership, on the grounds that the economist is a world-famous trademark and should be protected. According to the amended trademark law, Article 13 expressly stipulates that "if a trademark applied for registration of the same or similar goods is a copy, imitation or translation of a well-known trademark not registered in China by others, which is easy to cause confusion, it shall not be registered and its use shall be prohibited." The result is clear at a glance. We must pay full attention to the graphic design of commodity packaging trademarks

3.3 design right

the design of industrial products and packaging containers (bags) embodies the crystallization of the designer's creative intellectual labor and solidifies part of the total investment. The protection of design actually realizes the protection of products or commodities. The acquisition of the right of design requires that the design drawings should be original. The so-called originality means that the design is the result of the creator's own intellectual labor. At the same time, compared with the results of other producers or designers, the design does not belong to "ordinary" results, so it can enjoy the protection of trips. In other words, intellectual property rights and legal protection cannot be obtained for designs that are not original

the TRIPS agreement clearly stipulates the content and scope of design rights. For designers who engage in and provide designs containing illegal copies, the parties concerned shall bear the corresponding legal responsibilities. It should be pointed out that the right of packaging design has not attracted enough attention. In China, only about 1% of people apply for the protection of packaging design patents

Fourth, overcome the three barriers

after China's accession to the WTO, we will face our own three barriers in dealing with the WTO

one is "language barrier". English has become the international language of modern business, finance and commodity packaging. Before joining the WTO, it spread only among a small number of people. After joining the WTO, we can't help mastering it. Even if you are a secretary, technician, or packer, you have to speak English if you want to communicate and negotiate with your future boss. Relevant data show that in foreign enterprises or multinational companies, from offices to factories, people design various jobs at the bottom of materials according to the existing chemical composition, structure and corresponding characteristics of materials. The average salary of workers who can speak English is usually 25% - 35% higher than those who can't speak English

the second is the "rule barrier" we are about to face. WTO has made silent changes in the balance of power of everything around us. Whether you are a staff member of a state organ, a packaging worker, or an entrepreneur, you should comply with WTO rules. In the face of the new rules, we should adapt to the WTO in many aspects, such as strategic technology, organizational structure, corporate culture, salary system and so on

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