Beijing Law Intellectual Property Agency Co., Ltd.
北京律诚同业知识产权代理有限公司
北京律诚同业知识产权代理有限公司
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JUSTICE

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PATENT

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Highlights of 2022 RCEP witnesses regional IPR protection improvement 2023-01-14
  On January 1, 2022, the Regional Comprehensive Economic Partnership (RCEP) went into effect, marking the launch of the world's largest free trade area. IPR chapter is heavily featured in the RCEP, providing a balanced and inclusive solution for the protection and promotion of IPRs in the region. It plays an important role in deepening economic integration and cooperation, promoting innovation cooperation and sustainable development in the region and witnesses China's further involvement in regional IPR governance.   IPR supports Beijing Olympics   During the Beijing 2022 Olympic Winter Games from February 4 to 20, 2022, China's IPR protection made its own name on the world stage. Malicious trademark registration attempts of mascot "Bing Dwen Dwen", name of star athlete "Gu Ailing" and other related symbols were stymied while tens of thousands of links were deleted for alleged Winter Olympics-related infringement. China's solid score sheet of IPR protection for the Olympics proudly tells the world its efforts in building all-around IPR protection system for the Winter Olympics works.   Hague Agreement and Marrakesh Treaty effective in China   On May 5, 2022, the Hague Agreement Concerning the International Registration of Industrial Designs and the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled entered into force in China, marking a new step for China's in-depth involvement in world IP governance. In the past year, the Hague Agreement has become an "expressway" for Chinese innovators to "go global" thanks to its simple and efficient nature for international design registration. The Marrakesh Treaty protects the cultural rights and interests of the people who are print disabled, becoming a milestone in China's copyright cause.   Innovated in China recognized globally   The Global Innovation Index (GII) released by the World Intellectual Property Organization (WIPO) in September 2022 reveals that China's ranking rose from 34th in 2012 to 11th in 2022, ranking first among upper-middle-income economies. China's achievements in innovation reflect the remarkable progress in China's comprehensive IPR strength as well as its innovative power in science and technology, and also corroborate China's tremendous achievements in implementing the innovation-driven development strategy and strengthening IPR protection.   "Chinese tea processing techniques" inscribed on UNESCO heritage list   In November 2022, the "Traditional Tea Processing Techniques and Associated Social Practices in China" project was inscribed on UNESCO's Representative List of the Intangible Cultural Heritage of Humanity. China is the most prolific country in the world with 43 items inscribed on the UNESCO list. Guided by the working policy of "focus on protection, rescue first, rational utilization, inheritance and development", China has achieved notable results in the conservation and inheritance of intangible cultural heritage in recent years, providing the world with an option of "Chinese plan" for such endeavor.   Pragmatic China-EU GI cooperation delivers   In December 2022, China National Intellectual Property Administration received applications for geographical indication (GI) protection for 175 EU products, including Inl公式nderrum, constantly expanding the coverage of GI products from both China and Europe. Since a relevant GI cooperation agreement in play, Chinese and European GIs' potentials in exploring industrial development have been unleashed. Through accompanying expos and conferences, Chinese and European businesses relying on GIs are making much new headway.   First homemade large passenger aircraft C919 delivered   The C919, China's first self-developed jet trunk aircraft, was delivered in December 2022, demonstrating China's innovation prowess in independent development. The C919 passenger aircraft represents the result of a dozen years' scientific research made by hundreds of thousands of staff from more than 200 enterprises and 36 universities in 22 provinces in China, who made breakthroughs in more than 100 key technologies and submitted over 10,000 patent applications. It marks an important milestone in China's large aircraft industry.   Historic breakthroughs in building space station   The Wentian Module, part of China's space station, was successfully launched; Astronaut crew of Shenzhou 15 and Shenzhou 14 made a rendezvous in space... In 2022, China never stopped its efforts in building a "space home". In the construction of the space station, a wealth of key core technologies with self-generated IPRs have helped China make a quantum leap in manned spaceflight.
Supreme People's Court Mandates Better Handling of IP 2023-01-14
  Chinese courts are required to make greater effort when dealing with intellectual property cases involving core technologies and emerging businesses this year, to promote new development patterns and high-quality growth.   The better handling of IP disputes and other cases involving emerging industries will stimulate innovation and advance the digital economy, the Supreme People's Court said while raising the requirement at an annual court meeting on January 8, 2023.   China's top court called for judges to fully protect the rights of private businesses and entrepreneurs, with greater focus on solving bankruptcy and financial cases.   In other news, the Supreme People's Court said that polluters will continue to be harshly punished, adding that the handling of cases involving foreign parties will be improved.   It also ordered courts to respond public concerns for justice, by more strongly protecting women, children, the elderly and the disabled.   On January 6, the top court summed up the judicial achievements of the past decade, including fighting corruption, protecting national security and human rights, guaranteeing livelihoods and setting up technology-friendly courts.   Over the past 10 years, some 341,000 people involved in 311,000 cases were punished for corruption, bribery and malpractice, with 9,553 defendants acquitted due to insufficient evidence, according to the top court.
Guangdong First in Country to Have Local GI Protection Act 2022-12-30
  The 47th Session of the Standing Committee of the 13th Guangdong People's Congress has deliberated and approved the Guangdong Geographical Indication Protection Regulation, which will be effective on January 1, 2023. As the country's first comprehensive local GI act, the Regulation's pioneering move in GI local legislation has sparked widespread attention.   "The Regulation attends to those realistic issues concerning GI industry development, puts serving regional economic development as a key gist, fills the gap of GI branding work and shores up the fundamental elements supporting industry development to contribute to GI industry development and rural revitalization," an executive from Guangdong IP Administration said.   "Thanks to an early start and rapid development, GI protection in Guangdong is highly market-driven. For lack of specialized legislations, many entrenched issues cannot be solved. Happy to apply but less enthusiastic to use, high cost for enforcing right, paper-thin price margins of products are some of the existing problems, which, to a certain degree, have discounted the market reputation and competitiveness of GI products," said Huang Xiantao, Director, GI Research Center, IP Development Research Institute of Peking University in the Guangdong-Hong Kong-Macao Greater Bay.   One big quality of the Regulation is building a GI protection system that seamlessly links with relevant national rules. On the one hand, the linkage aims to refine the GI protection system, effectively connects the national-level authority with local legislation and elevate the quality of legislative coverage of GI protection. On the other hand, in an effort to ramp up deterrence to GI violations, the Regulation emulates the Product Quality Law, providing for liabilities of GI violations. IP administrations above county level are vested with the authority to order rectification on a given time frame, seize products produced or sold illegally and impose fines under the equivalent value of the goods produced or sold. Illegal gains, if there is any, shall be seized. If the violation runs counter to the Trademark Law, Anti-Unfair Competition Law or other laws or regulations, the involved legislation shall be applied. If a criminal offense is triggered, criminal prosecution shall be sought.   In addition, in an effort to solve those popular and difficult problems impeding industry development, the Regulation plays up Guangdong's strength of a highly open market and dynamic external trade, conduct censuses of GI resources and bolster protection, build and improve a full GI industry development system, boost elevation of quality and efficiency of the industry, perform international cooperation, use multiple measures to refine the GI use system and upgrade GI products' market competitiveness and international influence.   "Supporting and guiding the development of the industry with local distinctiveness" is what the Regulation lives for. In a bid to shift the industry's heavy focus from registration to use and protection and from quantity to quality, the Regulation uses rearing trade markets, innovation, promotion of GIs and brand nurturing, integrated industry development as penetration points to inspire various players in the province to drive up added value and brand influence of GI products.   At the recent Sixth China-South Asia Expo, a slew of GI products with Guangdong signature caught the eyeballs of Chinese and foreign visitors immediately after their showing. Huazhou pummelo peel is one of the them. "Since our pummelo peel was awarded GI protection in 2006, the pertinent industry has been booming, so have brand reputation and thousands of farmers' bank accounts," said Li Feng, Chair of the Board of Huazhou Pummelo Peel Medicine Materials Development Company - one of the authorized users of the Huazhou pummelo peel GI special symbol. The release and enactment of the Regulation, according to Li, has drawn a baseline for our line of business to operate within the confines of the law with liabilities for GI violations clearly provided as well, which is crucial for regulating the order of Huazhou pummelo peel GI product market.   Home to 162 GI products and 118 GI trademarks; 10 GI products selected into the China-EU GI mutual protection list; 4 national-level GI protection model areas... Guangdong has been playing the distinctiveness card, digging up the cultural meaning of GI products and turning resource edge to economic edge. With the drive of the Regulation, Guangdong is striding down the road that adds value to GI industry through transformation from product to industry as well as from quantity to efficiency.
Beijing Law Intellectual Property Agency Co., Ltd.
Beijing Law Intellectual Property Agency Co., Ltd.

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Beijing Law Intellectual Property Agency Co., Ltd.
Beijing Law Intellectual Property Agency Co., Ltd.

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Beijing Law Intellectual Property Agency Co., Ltd.

Copyright: Beijing Law Intellectual Property Agency Co., Ltd.          Powered by www.300.cn​         京ICP备09099344号-1