中欧班列沿线五国知识产权风险研究[*]

基于世界知识产权组织WIPO Lex数据库的知识产权法律文本和欧盟知识产权局数据库的知识产权诉讼案例数据,针对中欧班列沿线英国、德国、荷兰、波兰、意大利5个国家的规则类知识产权政策,从政策保护力度定量化分级、政策执行重点及其演变历程、知识产权诉讼案例特征及热点等方面开展政策趋势和诉讼风险研究.结果 表明:(1)英国政策的数量和力度都居五国之首,荷兰的政策数量最低但其政策保护力度相对较高;(2)在政策颁布主体上,各国均涉及多家机构,且大量适用了欧盟理事会和欧洲议会的相关知识产权政策;(3)各国在版权与相关权利、知识产权相关法律的执行、知识产权监管机构等领域均具有较强的政策力度;(4)欧盟商标是五国知识产权诉讼重要领域,其中诉讼案件赔偿金额最大值最高的为英国、最低的为荷兰,最大值和最小值差额居五国之首的为德国,而"侵权""混淆可能性"等是各国诉讼案件普遍涉及的主题.根据研究结果,建议中国有关企业注意根据目标国家的司法体系差异,充分了解其知识产权法律法规和司法实践及其沿用的欧盟法律法规,制定综合性及体系性的知识产权布局策略,做好法律风险评估和采取规避措施,并注意了解在目标市场开展知识产权诉讼的基本策略和技巧,构建全方位的知识产权保护体系.

Research on Intellectual Property Risks of Five Countries Along the China-Europe Railway Express

Based on the intellectual property(IP) law texts of the WIPO Lex database and the intellectual property litigation case data of the European Union Intellectual Property Office(EUIPO) database, we conducted IP research on intellectual property policy trends and litigation risks in the five countries along the China-Europe railway line, including the United Kingdom(UK), Germany, the Netherlands, Poland, and Italy, in terms of the quantitative classification of policy protection, policy implementation focus and its evolution, IP litigation case characteristics and hot spots. The results show that: (1) The number and intensity of the rule-based IP policies promulgated by the United Kingdom ranks first among the five countries, while the Netherlands has the lowest number of policies but relatively high policy protection strength. (2) In terms of the agencys of policy promulgation, all countries are involved many agencys, and a large number of relevant IP policies of the European Council and the European Parliament have been applied. (3) Patent, copyright and related rights policies are the key points of rule-based IP policies in the the UK; Germany attaches more importance to intellectual property and related enforcement laws; IP agencies and other policies, copyright and related rights, and the enforcement of IP related laws are the two major concerns of the Netherlands; IP regulatory agencies, copyright and related rights policies are the two major concerns of Poland; copyright and related rights , IP and related law enforcement, IP regulatory agencies, and geographical indication policies are the focus of Italy. (4) EU trademark litigations are the important area of IP litigations in the five countries. Among them, the UK has the highest compensation amount in litigation cases and the lowest in the Netherlands. The difference between the maximum and minimum amount of compensation in litigation cases in Germany ranks first among the five countries, and "infringement" and "likelihood of confusion " are the topics commonly involved in litigation cases in various countries. Based on the results of the study, it is recommended that Chinese companies concerned should pay attention to the differences in the judicial system of the target countries, fully understand their IP laws and regulations, judicial practices as well as the EU laws and regulations that they follow, and work with experienced intellectual property lawyers or other professionals to formulate comprehensive and systematic IP protection strategies, do a good job in legal risk assessment and avoidance measures, and pay attention to understanding the basic strategies and techniques of carrying out IP litigations in the target market areas, and build a comprehensive intellectual property protection system.