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November 2009

Our man in China: the role of OHIM’s IP attaché in Beijing

It has been one year now since OHIM seconded an experienced official to the EU Delegation of the EC in Beijing. The main purpose was to provide support on trade mark and design matters with respect to the implementation of the EC’s cooperation programme with China (IPR 2). In reality, Jesús Romero has been fully integrated in the work of the Delegation and in particular in the team dealing with IP issues, and acts as the IP Officer responsible for all trade marks and designs issues.

Prior to going to China, he worked in OHIM’s Institutional Affairs and External Relations Department, and has been responsible for all cooperation programmes with China since 2002.

In Beijing, his work involves a variety of tasks:

  • Developing contacts and participating in official dialogues with the relevant Chinese authorities.
  • Supporting EC and OHIM policy and actions in China.
  • Monitoring legal developments, regulations and judicial interpretations.
  • Supporting the implementation of all cooperation projects related to IP in the field of trade marks and designs.
  • Representing the EC and OHIM among Chinese authorities and users.
  • Supporting the work of the embassies of EU member states in IP and carrying out coordination actions with them.
  • Supporting and liaising with EU business associations and in particular with the EU-China Chamber of Commerce in trade mark and designs issues.
  • Directly supporting EU business operations in China on IPR matters, in particular on enforcement.

The support to EU business operations includes:

  • Providing advice and information on the situation and common practices in China concerning the protection of IPR , and on possible approaches to specific cases.
  • Maintaining contact with the relevant Chinese authorities in order to receive information on the status of proceedings concerning a particular case.
  • Seeking from them general advice on how to best approach an identified problem.

In addition, the OHIM official fulfils an advisory role on the implementation of the EC cooperation programme “China SME IPR Help Desk” ( www.china-IPRhelpdesk.eu ). This programme is a significant business tool that provides free information, and first-line advice and training support to European SMEs, to assist them in the protection and enforcement of their IPR in China.

Jesús Romero stresses that the support and advice provided to companies by the EU Delegation and the SME IPR Help Desk cannot substitute for the requirement for companies to acquire the services of a local lawyer in order to conduct the legal actions deemed necessary.

One primary piece of advice that Jesús Romero always gives to EU companies doing or planning to do business in China is that they have to register their IP assets there as soon as possible, because no registration means no protection. Finally, it is wise, particularly when doing an e-filing at OHIM, to consider the next steps to extend the CTM in other jurisdictions, such as China, whether directly (e.g. before the Chinese TM Office) or indirectly (via WIPO’s Madrid system).

For direct contact with Mr Romero in Beijing : Jesus.ROMERO-FERNANDEZ@ext.ec.europa.eu.