中文简体 | 中文繁体
 


            (Source: China Daily, 2011-07-08)

BEIJING, July 8 (Xinhuanet) -- The Ministry of Railways has rejected a Japanese claim accusing China of violating intellectual property rights concerning high-speed rail technology. The accusation came after China submitted applications for international patents.

Ministry spokesman Wang Yongping said on Thursday that China had developed the technology, that it was applying patents for, independently. The Japanese accusation displayed a "lack of confidence", he said.

His remarks came after Tadaharu Ohashi, chairman of Kawasaki Heavy Industries Ltd, said last week that the company would take legal action if Chinas high-speed train patents violated contracts signed between Japan and China.
In an online chat with netizens at www.news.cn, the Xinhua website, Wang said that China CNR Corp Ltd and the China Academy of Railway Sciences had been filing patent applications abroad since 2009.

Li Jun, director of the general affairs office at the ministrys transport bureau, told China Daily earlier that China has filed 21 applications under the Patent Cooperation Treaty. The applications concern train assembly, hulls and bogies (part of the suspension system), and they have been filed in the United States, Brazil, Europe, Russia and Japan, according to Li.

"All the high-speed rail patents that China is applying for abroad have been developed independently, and they do not infringe on other countries high-speed rail patents," he said.

"China will not claim anything that does not belong to it. However, it will not give up the right to patent its innovations because of irresponsible remarks by others," he said.

Kawasaki Heavy Industries transferred the technology for a 200-km/h train to China in 2004. The CSR Corp Ltds Qingdao Sifang Co Ltd, in partnership with Kawasaki Heavy Industries, produced the train, called CRH2, in China. CSR later developed, on its own, a 300-350 km/h train and the CRH380A train with a designed top speed of 380 km/h.

"The strong reaction of some Japanese, without even knowing exactly what patents China is filing for, shows a fragile state of mind and a lack of confidence", Wang said. Visiting Japanese Foreign Minister Takeaki Matsumoto also mentioned the issue to his Chinese counterpart Yang Jiechi on July 4. Yang made it clear that the technology China filed patents for is "Chinas own innovations", Wang said. He said China absorbed foreign technology but also innovated.

Compared to the CRH2 train, produced with technology imported from Kawasaki Heavy Industries Ltd, the CRH380A train for the Beijing-Shanghai route operates at much higher speeds. Among other differences, the CRH380A has a derailment factor of only 0.13, compared to 0.73 for the CRH2, and air resistance at the front of the train is more than 15 percent less, Wang said.

"The facts and data can speak themselves." It is ridiculous, he said, for some Japanese to say that China pirated technology from the Shinkansen, Japans bullet train. "The Shinkansen and the Beijing-Shanghai high-speed railway are on two different levels. There are huge differences in terms of speed, comfort and technology." Countries should continue to improve technology to become leaders in the field, he added.
"What China did in boosting rail speed from 250 km/h to 350 km/h is important and similar to progress made when Japan raised train speed, enlightened by European technology, from 100 km/h to 200 km/h," he said. The two achievements both followed international law on intellectual property rights. China is now applying for patents to facilitate innovation and the transfer of high-speed rail technology, Wang said.

China is willing to offer technological help to Japan, according to international laws and trade rules, as Japan plans to build five high-speed lines totaling 870 kilometers, he added.

(Edited by: China West Lawyer)

 

  • > Italian Authorities File 30 Complaints Over Fake Brands
  • > Attorney Zhao Junxin Invited by Ministry of Commerce of China to Participate in Promoting Policy Seminars on Cross-border Investment and Infrastructure Construction
  • > Second Round Negotiation on China-Switzerland FTA Held in Xi’an
  • > China Rejects Japan’s Rail Patents Claims
  • > China’s Court Cases of 2013
  • > China Pledges Strictness to Software Intellectual Property Protection in Central Government
  • > China Steps Up Crackdown on Online Copyright Infringements and Counterfeiting
  • > CSRC Tightens Rules On Acquisitions
  • > China: New Rules to Restrict Foreigners’ Ownership of Homes
  • > Funds A Problem For Small Businesses
  • > CSRC Chairman Calls for ‘Rational Investment’
  • > Major Revisions to the Criminal Procedure Law In Line With Times
  • > China court rejects damages plea from man jailed for Bo joke
  • > Foreigners Face Visa Scrutiny
  • > Foreigners Receiving More Legal Support
  • > Yuan Settlements Gain Favor With Exporters
  • > China’s Growth Continues Slowdown, More Policy Support Be seen
  • > China Suspended Officials in Forced-Abortion Case
  • > Participated in by Attorney Zhao Junxi the Symposium on International Commerce Arbitration
  • > China to Hold Gu Kailai Murder Trial on Aug. 9: Sources
  • > Details of the Trials of Wang Lijun
  • > China To Crack Down On “Malicious” Trademark Registrations
  • > Newly-amended Criminal Procedure Law As Well As Its Interpretation Released To Take Effect
  • > Regulation Issued to Protect Detainees’ Rights
  • > Participation in Seminar on Sino-US Legal Exchange 2010 by Attorney Zhao
  • Contact Us

    If you need legal service or consulting, You can also contact us directly by the ways below: 

    Attorney Zhao Junxi (Seaer Zhao)
    Grandall Law Firm
    Address: 
    Beijing Office: 9th Floor, Taikang Financial Tower, No. 38 North Road East Third Ring, Chaoyang District, Beijing, P.R.C
    Chengdu Office: 9/F, Building 26, Boundary-Freeland Center, No. 269, Tianfu 2 St., Hi-Tech Zone, Chengdu CitySichuan Province, P.R.C 610095
    Cell Phone: (+86)18982170437
                          (+86)13881816953
    E-mail: zjunxi@gmail.com (Abroad)
                 742042577@qq.com (Home) 
     
     
     

     

    Disclaimer |  Privacy |  Contact Us |   contentFormat[23]
    Copyright@ 2003-2011 China West Lawyer  www.cwlawyer.comm,All Rights Reserved  蜀ICP备[6024258]号
    Zip: Tel:    Adsense statistics