Beijing Law Intellectual Property Agency Co., Ltd.
北京律诚同业知识产权代理有限公司
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China sees increase in invention patent volume 2022-05-23
  China has authorized more than 2.53 million invention patents over the past five years, with an average annual growth rate of 13.4 percent, according to the country's top intellectual property regulator recently.   More than 27.7 million trademarks were registered in the same period, an average annual increase of 29 percent, Shen Changyu, head of the China National Intellectual Property Administration said at a press conference.   In 2021, the country authorized 696,000 invention patents, with the average ownership of high-value invention patents reaching 7.5 per 10,000 people, nearly twice that at the end of 2017, Shen said.   He added that China also witnessed significant improvements in the efficiency of the use of intellectual property rights (IPR). The added value of patent-intensive industries reached 12.13 trillion yuan (about 1.88 trillion U.S. dollars), up 5.8 percent year on year, accounting for 11.97 percent of the country's GDP.   According to China's 15-year plan (2021-2035) for IPR development, a clear target has been set: the added value of patent-intensive industries should account for 13 percent of GDP by 2025.   China has been committed to promoting the orderly development of international IPR cooperation and competition. In 2021, Chinese companies filed 8,596 patent applications in countries along the Belt and Road, a year-on-year increase of 29.4 percent, while these countries in turn applied for 25,000 invention patents in China, Shen said.
IP Publicity Week Highlights Protection and Innovation 2022-05-02
  The 2022 national IP publicity week, with the theme of "comprehensively boost China's competitiveness in the area of IPR" opened from April 20 to 26,adding special colors to April days.   Some fascinating publicity events have bolstered people's awareness of respecting and protecting IPR.   Twenty agencies including the China National Intellectual Property Administration (CNIPA) and the Publicity Department of the CPC Central Committee are organizing over 70 publicity and education events in diverse forms, aiming to showcase the historic achievements on IP, inspire the respect and awareness of IP protection, set the right vibe for the implementation of the Outline on Building a IP Powerhouse Nation (2021-2035) and the National Plan on Protection and Use of IP during the 14th Five-Year Plan Period.   Innovation is the primary force directing development. China has made remarkable strides in innovative findings, which can be seen in all aspects of its innovation ecological system.   A set of data revealed in this event certifies the efforts China has made in IP sector. China's ranking in WIPO's Global Innovation Index moved up from No.22 in 2017 to No.12 in 2021, being one of the fastest and pacing all middle-income economies. Performance was especially phenomenal in some of the specific categories: top PCT filer for three consecutive years, hiking percentage of IP-generated earnings out of trade revenues, No.2 in number of technology clusters ranked in global 100, which can be construed as the nation's shift from an IP volume importer to a big IP innovator. WIPO also says China's upward momentum indicates the global innovation landscape is heading east.   IP protection is innovation protection. Enhancing IP protection, improving innovation environment and business environment have a more significant meaning during the current complicated international affairs, emergence of unilateralism and global spread of the Covid pandemic. It is also one of the key messages sent to the public during the publicity week.   IP protection in China has been enhanced notably in China. IP protection principles were added into the Civil Code. The latest round of amendments to the trademark law, patent law and copyright law gave birth to the highest punitive damage system in the world. Patents, trademarks, geographical indications, layout designs of integrated circuits are all administered under one roof now. The Supreme Court set up an IP tribunal while the Supreme Procuratorate organized an IP prosecution office. IP administrative protection became more powerful with constant running of enforcement and special campaigns. In the meantime, China facilitated the Beijing Treaty on Audiovisual Performances to formally enter into force, acceded to the Hague Agreement Concerning the International Registration of Industrial Designs, concluded an agreement on geographical indications with the European Union, and treated IPRs of local and foreign companies on equal footing. Public satisfaction over IP rose from 76.69 points in 2017 to a healthy 80.61 points in 2021.   During this publicity week, various agencies have been working closely, made use of various measures, showed a strong stance in enhancing IP protection in an effort to heighten market administration enforcement, elevate copyright administration efficiency, advance IP judicial protection, improve national technology programs, deliver harder strikes to IP crimes, improve the system governing new varieties of plants, promote international communication and negotiation, strengthen IP protection in the fields of healthcare and forestry/grassland, enhance public education, and advance solidly in building an IP powerhouse.
High-Level Forum on China IP Protection 2022 Held in Beijing 2022-05-02
  The High-Level Forum on China IP Protection 2022 was held online and in person in Beijing on the morning of April 22. Shen Changyu, Commissioner of the China National Intellectual Property Administration, He Xiaorong, Vice President of the Supreme People's Court, Gong Ming, Vice-Ministerial Level Full-Time Member of Procuratorial Committee of the Supreme People's Procuratorate, and Yin Yong, Deputy Mayor of Beijing, attended the Forum and delivered keynote speeches. The Forum was chaired by Hu Wenhui, Deputy Commissioner of the CNIPA.   Shen Changyu pointed out that since the 18th National Congress of the Communist Party of China, the CPC Central Committee with Comrade Xi Jinping at its core has given even greater priority to the IP work and carved out an IP protection path with Chinese characteristics. Historic achievements have been achieved in IP protection. It is necessary to earnestly implement the spirit of CPC General Secretary Xi Jinping's important instructions on IP protection, the Outline for Building a Country Strong on IPR (2021-2035) and the 14th Five-Year National Plan for IP Protection and Application. We will do our best to improve the IP legal system, ensure better overall protection arrangements, and continue balanced and equal IP protection for entities at home and abroad. These efforts provide strong support for building a new development pattern and achieving high-quality development.   He Xiaorong said that the Supreme People's Court and local courts nationwide will thoroughly practice Xi Jinping Thought on the Rule of Law, and fully implement the Outline for Building a Country Strong on IPR (2021-2035) and the 14th Five-Year National Plan for IP Protection and Application. Innovation remains at the heart of China's modernization drive. Comprehensive efforts should be made to strengthen IP judicial protection to ensure a sound legal environment and effective judicial services for innovation-driven development and the building of China into an IP powerhouse.   Gong Ming stated that entering a new stage of development, the CPC Central Committee has put forward new and higher requirements for strengthening IP judicial protection. Next, the procuratorial organs will further implement Xi Jinping Thought on the Rule of Law and the decisions and plans of the CPC Central Committee. They will make concrete efforts to reinforce officials' sense of mission and urgency in doing IP-related procuratorial work, strengthen deepen the centralized and unified performance of IP-related procuratorial supervision, and intensify integrated IP protection, thereby serving the innovative development of China.   Yin Yong introduced the specific situation of Beijing's progress in strengthening IP protection across the board from four aspects. He said that Beijing will play an exemplary role in meeting the highest standard of IP protection, and strive to reach full compliance with advanced international standards. Solid efforts will be made to promote the implementation of the Outline for Building a Country Strong on IPR (2021-2035) and the 14th Five-Year National Plan for IP Protection and Application. Beijing will work to promote the high-quality development of the national pilot program on business environment, and the IP reform in all fields in developing Beijing's "Two Zones" (the Integrated National Demonstration Zone for Opening up the Services Sector and the China (Beijing) Pilot Free Trade Zone). Greater efforts will be made to develop Beijing into an international forefront of IP protection and forge a fairer and friendlier business environment for domestic and foreign enterprises.   Following attendees delivered speeches online and in person: Liu Hua, Director of the World Intellectual Property Organization (WIPO) Office in China (WOC), Yi Jiming, Director of the Institute for International Intellectual Property at Peking University, Li Fuying, Director of the Legal Affairs Department of the Beijing Organizing Committee for the 2022 Olympic and Paralympic Winter Games, Liu Li, Chinese Ice and Snow Scientist for the Beijing 2022 Winter Olympics and Director of the National Winter Sports Clothing Equipment Research and Development Center, Zhi Suping, Director of the Jiangsu Intellectual Property Office, Jia Hongyi, Vice President and General Counsel of Kuaishou Group, and Ann Chaplin, General Counsel of Qualcomm Inc.   Responsible persons of CNIPA's Patent Office and other relevant departments, competent officials of the relevant central departments and Beijing Municipality, and representatives of the WOC, IP experts, and innovation entities participated in the Forum at the main venue. A total of 56 online sub-venues were set up in 30 provinces, autonomous regions and municipalities, and 15 cities under separate state planning (or sub-provincial cities) across the country. Responsible persons of local intellectual property management departments joined the Forum virtually.   The High-Level Foru
Valeo Group Won the Patent Infringement Case Against A Shanghai Automobile Sales Company and Won A Compensation of 5.35 Million Yuan 2022-04-25
  Valeo Lighting Group of Belgium (hereinafter referred to as "Valeo"), a world-famous auto parts manufacturer, is the patentee of the invention patents of "a beam emitting device and lamps with this device, especially for motor vehicles" involved in the case. Valeo had purchased front fog lamp assembly products in a Shanghai-based automobile sales company and its 4S store. After comparison, it is decided that these products are covered by the scope of protection of its invention patent claims. Later by the product trademark and 3C certification number, a Zhuhai car lighting company is identified as the manufacturer of these products. On such a basis, Valeo alleged that Zhuhai Car Lighting Company's manufacture, sales, and offering for sale of these products without permission and Shanghai Automobile Sales Company's sales of these products constitute infringement on its patent rights, and therefore filed a lawsuit in the Shanghai Intellectual Property Court.   The court held after hearing that the foregoing invention patents involved are in a valid state, and that the technical solutions of the alleged infringing products fall within the scope of protection of the patents involved. Therefore, the acts of the two defendants are affirmed to constitute infringement. Therefore, the court ruled that Zhuhai Car Lighting Company and Shanghai Automobile Sales Company shall stop the infringement, and that Zhuhai Car Lighting Company shall indemnify the plaintiff Valeo CNY 5 million from its economic losses and CNY 0.35 million from its reasonable expenses.
China’s Supreme People’s Court: Patent Infringement Settlements Can Violate the Anti-Monopoly Law 2022-04-01
  In case (2021)最高法知民终1298号 recently highlighted by the Intellectual Property Tribunal of the Supreme People’s Court of China (SPC), the SPC ruled that a settlement agreement to a patent infringement lawsuit constituted a horizontal monopoly agreement as the scope the agreement was not substantially related to the scope of protection of the patent in question.   In October 2015, Wuhan Taipu Transformer Switch Co., Ltd. (Taipu Company) sued Shanghai Huaming Power Equipment Manufacturing Co., Ltd. (Huaming Company) for infringing its invention patent entitled “Off-circuit tap-changer with shielding device.”   In January 2016, the two parties reached an agreement through negotiation and signed a settlement agreement. The agreed content includes: Huaming Company can only produce certain kinds of non-excitation tap-changers, and other kinds of non-excitation tap-changers could only be resold to downstream customers through Taipu Company, and the sales price should be determined according to the supply price of Taipu Company. In overseas markets, Huaming Company acts as a market agent for Taipu related entities, and shall not produce or act as an agent for the products of the same category of other enterprises on its own, and the sales price shall be consistent with the supply price of Taipu Company. In the same month, Taipu Company withdrew the lawsuit.   In June 2019, Huaming Company filed a lawsuit in this case with the Intermediate People’s Court of Wuhan City, Hubei Province, claiming that the settlement agreement involved violated the anti-monopoly law and should be deemed invalid.   The court of first instance held that the agreement involved in the case was not a monopoly agreement, and ruled to reject all claims of Huaming Company.   Huaming Company then appealed to the Supreme People’s Court, which rendered this decision.   On appeal, the Supreme People’s Court held that to determine whether the agreement involved in the case is invalid due to violation of the mandatory provisions of the Anti-Monopoly Law, it must first determine whether the agreement involved in the case constitutes a horizontal monopoly agreement expressly prohibited by the Anti-Monopoly Law, and then determine whether the agreement should be be fully or partially invalidated.   First, as to whether the agreement involved in the case constitutes a horizontal monopoly agreement expressly prohibited by Article 13, paragraph 1 of the Anti-Monopoly Law, the Supreme People’s Court held that Huaming Company and Taipu Company both produced and sold off-circuit tap-changers. Moreover, both parties have certain market influence, and there is a competitive relationship between the two parties in the sense of anti-monopoly law. The agreement involved in the case, with Articles 1, 5 and 10 as the core, agreed to stop the production of specific varieties of commodities, restrict the sales of specific varieties of commodities, coordinate and fix prices, and supplemented by means of information contact and penalties for breach of contract. The effect of segmenting the sales market, restricting the production and sales volume of commodities, and fixing commodity prices has been strengthened, and it meets the formal requirements stipulated in Items 1 to 3 of Paragraph 1 of Article 13 of the Anti-Monopoly Law. Since the five types of monopoly agreements listed in the first paragraph of Article 13 of the Anti-Monopoly Law are common types of typical horizontal monopoly agreements with the effect of eliminating and restricting competition, once agreed upon, will generally eliminate and restrict competition and it can be presumed to have the effect of eliminating or restricting competition. Therefore, Taipu should bear the burden of proof that the agreement involved in the case does not have the effect of excluding or restricting competition. Taipu did not provide sufficient evidence.   In addition, the evidence in the case also shows that after the agreement involved in the case was signed, the unit price of the off-circuit tap-changer in the price guide sent by Taipu to Huaming was much higher than Huaming’s own external sales price and the legal representatives of both parties. WeChat chat records also show that Taipu has repeatedly proposed to Huaming to maintain high prices. It can be seen that the implementation of the agreement involved in the case will lead to an increase in the price of related products, which will harm the interests of downstream operators and end users.   Secondly, regarding the relationship between the agreement involved and the patent infringement dispute, the Supreme People’s Court held that in this case, the technical effect of the patent involved was mainly to reduce the cost of switch manufacturing, to enhance the stability and reliability of the switch and is not a fundamental patent that cannot be worked around. However, Huaming’s restricted production and sales of certain types of off-circuit tap-changers are
China to have over 1 million IP professionals by 2025 2022-04-01
  China will intensify efforts toward cultivating intellectual property talent, the country's top IP regulator said on March 30, adding that the country plans to achieve the goal of having more than 1 million IP professionals by 2025.   Talent is the most basic and key element for building a strong IP power, said Feng Zhaolong, a first-class inspector of the National Intellectual Property Administration, at a press conference.   The official added that the number of IP professionals in China has reached 690,000, and more than 50 universities nationwide have established IP colleges, providing strong support for the industry's development.   Education is necessary for rapid talent growth. Sun Wei, an official in charge of IP training, said nearly 2 million students from 1,400 primary and middle schools in China have received IP-related education.   A total of 165 schools have been identified as national level IP pilot schools, Sun added, noting that there are thousands of trained full- and part-time teachers nationwide and several relevant textbooks have been published.   Highlighting the use of online learning platforms, Sun said the administration has developed 24 online platforms to offer more than 570 courses, receiving over 9 million visits.   To further promote online education, the administration will work with Chinese social media platforms to popularize IP knowledge and introduce high-quality foreign courses for the young Chinese, Sun added.
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Beijing Law Intellectual Property Agency Co., Ltd.
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

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