Rue de la Loi 81A 1040 Brussels, Belgium Tel: +32 (0)2 233 11 80 - Fax: +32 (0)2 231 08 35 - www.eirma.org guidlines for open office export to pdf with letterhead EIRMA/18.010 guidlines for open office export to pdf with letterhead Patents and Trade secrets in and from China Special Interest Group on Intellectual Asset Management (SIG-IAM) 7-8 June, Frankfurt, Germany Summary Since 2017, SIG-IAM meetings are focusing on trade secrets and patents with a global view. In June 2017, we explored trade secret protection and the unitary patent/unified patent court system in the EU, as well as the current practice of Patent Prosecution Highway (PPH). In November 2017, we discussed trade secret protection in the US and Italy in order to understand the commonalities and differences of these protection regimes, and we learned how to use the Interpartes Review to challenge the validity of US-patents. On our first meeting in 2018, we will focus on China and how to do business there, with the following main topics: (i) trade secret protection, (ii) inventor remuneration, (iii) best practices and pitfalls when seeking IP protection in China (patents/utility models, designs, trademarks, copyright), (v) the expected Chinese patent tsunami for EPO. China is a country with a long term planning horizon, and doing business in China is getting more and more challenging for European companies - despite the fact that the standards in IP prosecution and IP enforcement in China have been improving considerably in the last few years. We will discuss the some IP filing strategy of European companies for China, and we will present the legal framework of trade secret protection in China and its application in practice. Furthermore, we will address best practises, pitfalls and challenges you are faced with regarding IP when doing business in China, with special focus on employment aspects (employment contracts, inventor remuneration, incentives to strengthen employees loyalty to the company). Issues addressed < How are trade secrets protected in China? What is significantly different from Europe? < What should you be aware of when you start doing business and employing people in China? < How does the inventor remuneration for employees work in China? < What can you do to strengthen the loyalty of your employees? < Best practise and pitfalls when seeking IP protection in China. The preparation committee decided to adopt a new meeting format. We will start on Thursday at lunch and end our meeting on Friday directly after lunch. This will hopefully ease the travel conditions of our participants. Target Audience R&D, innovation & intellectual asset managers and experts, IP and licensing managers, patent attorneys as well as business strategy, business development managers, production & Open Innovation managers. Chairman Werner Fröhling, Managing Director, Flooring Technologies Ltd. and Chief IP Counsel for the Swiss Krono Group Key themes Innovation Processes Business strategy Intellectual Asset Management People and Knowledge Public frameworks 8 Online registration before 29 May 2018 http://www.eirma.org
PROGRAMME Thursday, 7 June 2018 13:00 14:00 Registration & light lunch at hotel Signatures Restaurant 14:00 14:10 Welcome and latest news at EIRMA (Nymphenburg meeting room) Aurélie Jablonski, Head of Programme and Members Relations, EIRMA 14:10 14:15 Welcome by the chairman Werner Fröhling, Managing Director, Flooring Technologies Ltd, Chief IP Counsel for the Swiss Krono Group 14:15 15:45 Trade secret protection and private data protection in China what is different to the trade secret protection in Europe? Amid the largest and fastest growing economy in the world, businesses inside China have significant interests around the globe, and companies everywhere have significant interests inside China. With Dentons, domestic Chinese businesses have a home-grown partner as they expand globally, and international businesses receive the local Chinese capabilities they need across the country. (outline coming soon) Constantin Rehaag, Partner, Dentons in Frankfurt 15:45 16:15 Coffee Break 16:15 16:40 Stimulating breakthrough innovation in detection and imaging technologies ATTRACT is a new, open, pan-eu initiative to accelerate the development of high-performance detector and imaging technologies for market - through a process of co-innovation among European research institutes, small and medium enterprises (SMEs), companies and universities. ATTRACT will create an ecosystem that EIRMA members can join to deliver breakthrough innovation. The first opportunity will be an open call for proposals to be launched first half of 2018. The purpose of the presentation will be to help EIRMA members seizing the potential of ATTRACT for their activities, especially the High Risk, High Return ones. Luke Collins, Independent Scientific Journalist and EIRMA Rapporteur 16:40 17:25 Bekaert practical experiences with Trade Secrets in China
In his presentation, Geert will set the scene with the Legal Framework on Trade Secrets in China by tackling the following points: - Definition; - Security requirements; - Damage, Prosecution; - Evidence collection; - Choice of forum; - Success rate. Geert will also present some internal measures the company set up: - Employee contract; - Specific projects; - Access control, document control; - Retention policy; - Inventor remuneration. Geert Seynhaeve, European Patent Attorney, Bekaert 17:25 17:45 Open discussion Chaired by Werner Fröhling, Managing Director, Flooring Technologies Ltd, Chief IP Counsel for the Swiss Krono Group 17:45 19:30 Dedicated visit on the way to the restaurant 19:30 22.00 Dinner 22:00 Back to the hotel PROGRAMME
9:00-9:15 Gathering & welcome coffee Welcome (Nymphenburg meeting room) Friday 8 June 2018 09:15 10:15 Pitfalls and best practices when navigating the Chinese IP landscape (patents, designs, trademarks and copyrights) Over the last years China became the most important trading partner for many European countries. Businesses which consider venturing into or that are already active in China typically mainly strive to protect their technology, know-how and IP from theft and plagiarism. But, this is just one side of the coin. Statistics show that Chinese companies are highly active in creating and enforcing their own IP. They are actively using the Chinese IP system, which is already highly developed today thanks to IP having been put on the National Agenda in 2009. By the numbers, already now, China is by far the most important IP venue in the world with a per year average of well more than two million invention and utility model patent filings, about one million design patent filings and more than two million trademark filings. Hence, foreign companies are well advised to carefully explore the Chinese IP landscape and use the Chinese IP system to their own advantage. The presentation will provide insights on the basic structure and caveats when navigating the Chinese IP landscape, both as a rights owner but also as a potential defendant. It will particularly shed some light on how to deal with the legal provisions regarding inventions made by employees, inventions made by foreigners in China, foreign filing licenses and inventions relating to national security. Mathias Karlhuber, Patent attorney, Erik Schäfer, Attorney-at-law, Cohausz-Florack 10:15 11:00 Is the EPO prepared to handle the expected Chinese patent tsunami? China Drives International Patent Application to Record Heights; Demand Rising for Trademark and Industrial Design Protection China moved into the second position as a source of international patent applications filed via WIPO in 2017, closing in on long-time leader United States of America, in another record year in the use of WIPO's intellectual property services for patents, trademarks and industrial designs. How does EPO deal with this and what are the impact for the European Industries? (outline coming soon) Robert Rankin, Quality department, European Patent Office 10:45 11:30 Coffee Break 11:30 12:15 ThyssenKrupp experience with China (tbc)
ThyssenKrupp has set up an IP team in China in the recent years, doing China specific IP strategies. Stephan will present their work and will report on the China IP groups of VDA and VDMA. (outline coming soon) Stephan Wolke, Head of Intellectual Property & Services, Corporate Function Technology, Innovation & Sustainability 12.15 13:00 Panel and open discussion What are the challenges you have been faced with in China? Chaired by Werner Fröhling, Managing Director, Flooring Technologies Ltd, Chief IP Counsel for the Swiss Krono Group 12.15 12.30 Wrap-up and conclusion by chairman Werner Fröhling, Managing Director, Flooring Technologies Ltd, Chief IP Counsel for the Swiss Krono Group 12:30-14:00 Lunch 14:00 End of the meeting
PRACTICAL ARRANGEMENTS Venue and InterContinental Frankfurt Accommodation Wilhelm-Leuschner Strasse 43 Frankfurt, 60329 Phone: +49-69-26050 https://www.ihg.com/intercontinental/hotels/us/en/frankfurt/fraha/hoteldetai l?cm_mmc=googlemaps-_-ic-_-de-_-fraha A block booking with special rates has been secured in the Hotel InterContinental Frankfurt. Rate for a single room is 159 (breakfast included). The group rate is secured until 9 May 2018. To enjoy the group rates, please click on the link for the reservation of the bedrooms: https://www.ihg.com/intercontinental/hotels/us/en/frankfurt/fraha/hoteldetai l Please note that for technical reasons the link is currently not working correctly on Chrome, you have to use Internet Explorer or Firefox. The IT team of the hotel is working to solve the issue. Sorry for the disturbance. Enter the date (7th to 8th June 2018) and the Group Code UM3 and you will get the special rate of 159. Visit - Dinner Transportation Thursday 7 June 2017 - Departure at 17:45 from the hotel lobby for a dedicated visit followed by a dinner To the hotel: By plane Frankfurt International Airport (FRA) Estimated taxi Cost : 28.0 EUR Estimated time by taxi : 15-20 Minutes Train charge (one way): 3.8 EUR Frankfurt Hahn (HHN) Public parking is available for guests in the hotel's underground car park, charged at 35,00 per day. Registration Please register as soon as possible but certainly before 29 May 2018. The online registration form is available on the EIRMA Website The meeting registration fee of 650 covers the administrative costs, visit, get-together dinner and lunches. Payments Cancellations We prefer payment by bank transfers but can also accept credit card (Visa, MasterCard or American Express) All participants will receive confirmation letter and an invoice or receipt as appropriate. Cancellation policy: we will refund 100% of the registration fee for cancellations received 2 weeks before the meeting, 50% of the registration fee for cancellations received 1 week before the meeting, 25% of the registration fee for cancellations received 3 days before the meeting. Names may be substituted at any time without charge.
REGISTRATION FORM Patents and Trade secrets in and from China 7&8 June 2018, Frankfurt, Germany InterContinental Frankfurt 8 Online registration available on EIRMA Website: http://www.eirma.org PLEASE FILL IN CAPITAL LETTERS Please register on-line or return by e-mail before 29 May 2018 to cternest@eirma.org Title: (Prof./ Dr./ Mr./ Mrs.):.... First Name:.... Last Name:.... Position:... Company:..... VAT number of paying entity (MANDATORY for EU companies)..... If no VAT number, official registration number Address:...... ZipCode: City: Country...... Tel:..Cell:... E-mail:. Assistant s e-mail:. I will q / will not q attend the meeting on 7 June 2018 I will q / will not q attend the meeting on 8 June 2018 I will q / will not q attend the social programme and dinner on 7 June 2018 Dietary requirements:. Event's fee: 650 (VAT excluded) for members excluded Belgium Event's fee: 786,50 (VAT included) for Belgian members Early bird fee (valid until 7 May 2018): 15 % discount 550,00 (VAT excluded) for members excluded Belgium or 665,50 (VAT included) for Belgian members The meeting registration fee covers the administrative costs, refreshments, visit, lunches and dinner. To be paid preferably by Bank Transfer or Credit Cards. Mode of Payment qbank Transfer Account N 363-1073576-20 ING Rond Point Robert Schuman 8 1040 Brussels - Belgium IBAN: BE28 3631 0735 7620 - BIC: BBRUBEBB qcredit Card (Eurocard, Master, Visa, Amex) Card Number: I I I I I I I I I I I I I I I I I I I I Exp. Date: / Security Code: I I I EIRMA, as an international association of Belgian law, is subject to VAT (nr: BE 0847 677 159) For any further information please contact Mrs. Carine Ternest, EIRMA Operations Team Tel. + 32 (0)2 233 11 80 - Fax: + 32 (0)2 231 08 35 - e-mail: cternest@eirma.org