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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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.
CNIPA Circular Targeting Squatting of World Cup-Related Trending Words 2022-12-30
  Recently, the China National Intellectual Property Administration (CNIPA) issued the Circular on Combating Trademark Registration by Squatting "世界杯" (World Cup) and "拉伊卜"(La'eeb) and Other Words, rejecting 26 applications and invalidating one registered trademark ex officio.   While the 2022 World Cup is in full swing in Qatar, a small number of companies or individuals are attempting to register with malicious intention names of renowned football stars, mascot "LAEEB"/ "拉伊卜"and other trending words or symbols, infringing social and public interest, other people's right to their names and other legitimate rights and interests, and consequently prejudicing our country's well-earned praise for stringent IP protection.   The CNIPA has attached great importance to IP protection for the current edition of the World Cup and acted swiftly to crack down on squatting. The administration rejected 26 applications for trademark registration, including No. 66999855 "世界杯"(World Cup) and No. 63803887 "LAEEB", pursuant to an array of provisions such as Item 7, Paragraph 1, Article 10 of the Chinese Trademark Law. No. 63767652 "LAFEEBS" was declared invalid ex officio pursuant to Paragraph 1, Article 44 of the same law.   The CNIPA intends to remain committed to striking hard at squatting by bolstering protection of the World Cup-related trending words and symbols, including the World Cup, its mascot, and names of star players. The administration will impose sanctions against those applicants who violate the good faith principle and the trademark agencies representing them. It will defend the clean trademark registration administrative order, protect the legitimate rights and interests of market players with authority, and safeguard public interests.
Patent Law Regulation to be Amended to Improve IP Protection System 2022-12-05
  A regulation on helping implement the Patent Law is being amended in an effort to improve the legal system and promote high-quality development in this regard, an official from China's top intellectual property regulator said.   "A new chapter concerning design applications will be added in the regulation to align with international rules, facilitating higher efficiency and quality in the patent review process," said Zhang Peng, head of the department of treaty and law with the China National Intellectual Property Administration.   She released the information at a news conference on Nov. 30, adding that the administration had formed a draft amendment to the regulation and submitted it to relevant authorities for review after soliciting public opinions.   The regulation, which features specifics on solving practical problems, if completely revised, will better guarantee the implementation of the Patent Law and take the country's patent industry to the next level, she added.   The administration is also planning to curb malicious trademark registration by optimizing its authorization procedures, with more research to establish rules for digital IP protection, according to Zhang.   In the past decade, China has seen progress in the rule of law in the IP field. IP protection as a major principle was highlighted in the Civil Code, the nation's fundamental law for regulating civil activities, and punitive damage was also supported in relevant IP laws, including the Patent Law and the Trademark Law.   "During the same period, we've also stepped up efforts to introduce the laws and rules on IP protection through short-video sharing platforms to enhance public awareness," said Heng Fuguang, spokesman for the administration.   "We've provided videos on Bilibili, a video-sharing service popular among young people, to help educate children to strengthen IP protection in particular, supporting the publication of IP-related books and producing cartoons on inventions," he said.   In the face of the country's rising IP disputes, the administration has encouraged its sub-offices to resolve cases by mediation.   Data released at the news conference showed that from January to October, 16 mediation organizations guided and managed by the Beijing Intellectual Property Office dealt with 11,994 IP-related disputes, of which about 60 percent were successfully resolved through mediation.   "A few mediation committees for cutting-edge sectors, such as those of software, healthcare and information, have also been established," said Pan Xinsheng, deputy head of the Beijing office, who added that the mediation has given people easier, highly efficient and low-cost access to solving IP-related cases.
Chinese patent filings top world in 2021 amid innovation drive 2022-12-05
  A recent report showed that China secured top spot in terms of global patent filings in 2021, way ahead of all other countries, which highlighted it's strong impetus in building an innovation-oriented country.   China's Intellectual Property (IP) office received 1.59 million of the total 3.4 million patent applications filed worldwide in 2021, according to the World Intellectual Property Indicators (WIPI) report released last week.   The patents filed in China were similar in magnitude to the combined total of the next 12 countries ranked from second to 13th, according to the WIPI, which compiled its latest data based on information provided by some 150 countries and regions.   In 2021, high-value patents for invention in China amounted to 7.5 per 10,000 people, 1.2 more than in 2020, according to data from the National Bureau of Statistics published in August 2022.   The country's innovation in sectors like next-generation telecom, artificial intelligence (AI), quantum computing and clean energy are particularly striking.   A report released by the National Intellectual Property Administration (NIPA) in 2021 revealed that China's patent filings in 6G technology occupied more than 30 percent of the world's total, while China's patent applications in AI accounted for about 70 percent of the world's total, according to an indicator published in November by the China Center for Information Industry Development.   Chinese companies' invention patent applications in the field of quantum computing, a frontier tech sector, jumped from 137 as of September 2020 to 804 by October 2022, according to the Global Quantum Computing Technology Patent Filings Ranking List.   The International Energy Agency (IEA) in March 2022 published a report titled "Tracking Clean Energy Innovation: Focus on China" that indicated China had become a key player in energy patenting within a short period of time, especially in strategic sectors where Chinese inventors account for an increasing share of global activity, including solar photovoltaic (PV), electric vehicle (EV) and lighting technologies.   In the 2018/2019 period, Chinese inventors filed about six times the number of international patents they had filed in 2008/2009 for batteries and solar PV, and eight times the number for EV technologies, according to the IEA.   In addition, about 80 percent of Chinese patents in energy-related climate-change mitigation technologies are protected abroad, indicating their improved quality.   The WIPI report also showed that China saw a 17.6-percent annual growth in patents in force in 2021, the fastest growth in the world, surpassing the U.S. to become top in terms of net growth of enforceable patents.   By the end of September 2022, China's patents in force exceeded 4 million and more than one-third of them arose from strategic emerging industries, according to the NIPA.   Among them, those owned by the country's private sector increased significantly.   China's Top 500 private enterprises in 2022 saw annual growth of 53.6 percent in terms of patents in force, according to data released by the All-China Federation of Industry and Commerce in September.   China also saw substantial growth in industrial design. It received applications containing 805,710 designs in 2021, corresponding to more than 53 percent of the world total. China now owns the most industrial design registrations in force worldwide.
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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