Industry

China IP,[Comprehensive Reports]

The Trademark Registration Fee Halved from April This Year
In order to effectively promote the development of the real economy, under the approval of the State Council, the Ministry of Finance, and the National Development and Reform Commission released a notice about sorting out and standardizing the relevant policies of administrative fees. According to the notice that from April 1, 2017, the charge of new varieties of plant protection, and computer software copyright registration fees are suspended, and the trademark registration fee is reduced by half.
Beijing Film and Television Copyright Expert Appraisal Committee Was Established
On March 20, 2017, Beijing Spring TV Fair (Spring Fair) opened at the Beijing Convention Center. At the Spring Fair, China’s first Film and Television Copyright Expert Appraisal Committee was officially established. The committee consists of 26 experts, and its primary tasks are to accept the authentication of film and television copyright plagiarism cases entrusted by the court, and to protect intellectual property legal rights.
Trademark Office Issues New Edition of Trademark Online Service System
On March 10, the new edition of trademark application system was issued, enabling the first access to the application service of trademark registration. According to the requirements of Opinions of the State Administration for Industry & Commerce of the PRC on Vigorously Promoting Reform of Facilitating Trademark Registration, the scope of accepting online trademark application by the system has been expanded to trademark agencies, domestic applicants and foreigners or foreign enterprises owning regular residence or service office in China, rather than only trademark agencies; the service scope of the system covers not only application of trademark registration, but also renewal, transfer etc. of trademark.
Objects Protected by IP Are Explicitly Stipulated in the General Rules of Civil Law for the First Time
On March 15, the General Rules of Civil Law of the People's Republic of China was passed in the Fifth Session of the Twelfth National People’s Congress, which will take effect upon October 1, 2017. It is noteworthy that, for the implementation of realizing legalization of civil rights and completing property rights protection system required by the CPC Central Committee, the General Rules of Civil Law has explicitly specified that civil subjects are entitled to IP by law in the chapter of civil rights and made generalized stipulations on objects protected by IP to lead relevant separate laws for IP.
China to Step up IPR Trials to Stimulate Innovation
China will step up the trials of intellectual property rights (IPR) cases this year to stimulate innovation and entrepreneurship, a work report of the Supreme People's Court (SPC) said on March 12.
In 2016, China improved IPR protection rules by making judiciary interpretations on the trials of certain kinds of cases, including patent right cases, according to the report delivered by chief justice Zhou Qiang to the National People's Congress. Last year, 29 provincial-level regions set up information sharing platforms for law enforcement and criminal justice to crack down on IPR infringement and fake products.
10 Major Typical Cases of IP Judicial Protection from Zhejiang Courts in 2016
On April 19, press conference of “2017 Zhejiang Courts IP Judicial Protection” was held in Hangzhou. On this conference, 10 typical cases of IP judicial protection from Zhejiang courts in 2016 were issued by Zhejiang Supreme People’s Court.
 
Case 1 : Three copyright infringement issues between Hangzhou Datouerzi Cultural Development Co., Ltd. and CCTV Animation Co., Ltd.
Case 2: Copyright infringement issue between Shanghai Animation Film Studio Co., Ltd. and Hangzhou Xijiang Cultural Innovation Co., Ltd.
Case 3: Copyright ownership and infringement dispute issue between Ye xx and Zhejiang Guan Sutang Food Co., Ltd.
Case 4: Dispute over invention patent infringement between Wenzhou Ningtai Machinery Co., Ltd. and Wenzhou Qianfeng Technology Co., Ltd.
Case 5: Dispute over invention patent infringement between ASK and Ningbo Lukun International Trade Co., Ltd.
Case 6: Trademark infringement and unfair competition issues between Siemens AG and Xinchang Siemens Household Electrical Appliance Co., Ltd., Shaoxing Bangdai Electric Appliance Co., Ltd. and Wu xx.
Case 7: Unfair competition disputes between ALUK, ALUK Wall and Windows System (shanghai) Co., Ltd. and Zhejiang ALUK Wall and Windows Co., Ltd., Xia xx.
Case 8: Dispute over unauthorized use of well-known brand special decoration between Cartier International N.V. and Hangzhou Ruishang Electronic Trade Co., Ltd.
Case 9: Case on Wu xx illegally produced and sold illegally made registered trademark logo.
Case 10: IP administrative penalty case over Shengzhou Yueguang Trading Co., Ltd. brought action against the PRC Bei Lun Custom.
10 Major Typical Cases of IP Judicial Protection from Beijing Courts in 2016
In 2016, the Beijing three classes court totally heard IP issues of 22,890 pieces (civil cases 16,798, administrative cases 6,092) in the first instance, in the second instance, totally 4,116 (1,072 civil cases and 3,044 administrative cases), reaching a new history high of receiving and settling cases amount. Typical cases are as follows:
Case 1: Administrative dispute over invalid invention patent on “compound or salt with nucleotide analogue and synthetic method”.
Case 2: Administrative dispute over PCT invalid invention patent on “to improve switchover methods in fengwo mobile wireless system”.
Case 3: Administrative review over “Wechat” trademark case.
Case 4: Administrative dispute over trademark “Shang Zhuan Ji Tu”.
Case 5: Dispute over patent infringement of Panasonic “cosmetic machine” appearance.
Case 6: Dispute over unfair competition of “momo”, by illegally grabbing weibo users’ information.
Case 7: Case of “The Voice of China” preliminary injunction.
Case 8: Dispute over adaptation right of Wen Ruian Kung fu novels and unfair competition.
Case 9: Case over music copyright of the 86 version Journey to the West.
Case 10: Case on counterfeit registered trademark goods sold by Zong fang etc.
T h e First Three - In-One Intellectual Property Office in China Established
The first "three in one" intellectual property office, Chengdu Pidu District Intellectual Property Office was established at Jingrong town. It is the first patent, trademark, and copyright “three-in-one” office in China; meanwhile, it is an integrated intellectual property management agency with public administration, law enforcement as well as public services functions. The newly established Pidu District Intellectual Property Office will adequately integrate the functions of various departments, and spare no effort to solve the highlighting problems such as the imperfect mechanism of intellectual property management system, and etc.
The First Intellectual Property Alliance Founded by Academicians Established in Beijing
On March 26, China Mining Intellectual Property Alliance was officially established in Beijing. He Manchao, the academician of Chinese Academy of Sciences (CAS), takes the chair, Song Zhenqi, the academician of CAS and Cai Meifeng, the academician of Chinese Academy of Engineering serve as vice chairmen. This is the 19th industrial intellectual property alliance established in Beijing with the support from Beijing Intellectual Property Office as well as the review and record at the State Intellectual Property Office. It is also the first key industrial intellectual property alliance founded by the academicians.
 
 

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