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China Hosts ID5/TM5 Annual Meetings Online 2021-11-23
  The China National Intellectual Property Administration (CNIPA) hosted the 2021 Industrial Design 5 (ID5) and Trademark 5 (TM5) annual meetings online from November 1 to 5. Both groups, which comprise competent authorities from China, the U.S., EU, Japan and the Republic of Korea, concluded their joint statements after reaching consensus at the meetings.   ID5 Annual Meeting   Both CNIPA Commissioner Shen Changyu and WIPO (World Intellectual Property Organization) Director General Daren Tang delivered keynote speeches at the opening ceremony of the November 1-2 ID5 gathering. Shen said: "As one of the important types of IP, industrial design has a unique bearing on post-Covid economic recovery and people's pursuit of a better life. China is moving rapidly toward the accession to the Hague Agreement Concerning the International Registration of Industrial Designs, expecting to integrate ourselves into the global system for designs and help the penetration of Chinese creations, designs and products into the global market. We expect the partner offices to strive to build an efficient, interoperable design protection system that benefits all and offers quality protection for creative designs."   In his presentation, Tang said that the ID5 strives to build a bridge to engage with SMEs, enhance connections between IP and the design industry, empower the cooperation among the partner offices to support optimization of the global design system and inspiration of innovation in the design field. WIPO looks forward to working with the ID5 to offer more friendly and convenient services to more design users in the world.   Under the 2021 ID5 Joint Statement, the partner offices will collaborate in the context of the pandemic, enhance cooperation in digitalization and emerging technologies, protect creative designs, contribute to economic recovery and quality development. The Statement will be released after the completion of internal ratification procedures at the respective partner offices.   At the closed-door meeting on November 1, representatives of the partner offices respectively introduced the developments and the next steps of the projects led by them, exchanged views on the 13 ongoing projects; approved the completion of three projects, namely Study of Priority Document Exchange by ID5 Offices, ID5 Catalogue of Quality Services Involving Users and Study of Design Non-Patent Literature Data Resources among ID5 Offices; approved the launch of a new project, Informative User Guide for the View and Drawing Requirements of Designs among ID5 Offices, with a goal to offer an easier access to users filing design applications at the partner offices. The meeting also updated the ID5 Operational Guidelines.   At the annual user meeting on November 2, the partner offices briefed the industry on the latest developments of their respective offices and the results of the closed-door meeting. The attendants talked through interested design subjects, such as changes of users' filing habits during the pandemic, exploring scenarios for online communication, upgrading digitalization of services. Honor Terminal Company and several other Chinese representatives added their input.   CNIPA Deputy Commissioner Gan Shaoning attended the users' gathering and stressed: "The ID5 work together to offer better protection for creative designs. Since the founding of the ID5 in 2015, the partner offices have been valuing users' comments and accomplished multiple findings together to respond to the users' calls. We look forward to continuously upgrading our services to better meet our users' needs."   TM5 Annual Meeting   At the opening ceremony of the TM5 annual meeting from November 3 to 5, Shen said: "The Chinese government has always heeded attention to trademark protection. Both the recently-issued the Compendium of Building an IP Powerhouse Country (2021-2035) and the 14th Five-Year Plan of IP Protection and Use provide a raft of trademark-specific measures, including amending the Trademark Law in time, improving the trademark protection system, upgrading examination quality and efficiency, facilitating brand-building practices. There are active groups of trademark users in the home countries/regions of the partner offices, which also happen to have the markets attracting the most attention from users around the world. The TM5 cooperation is very constructive for the trademark system in the partner's home countries/regions, and even the international system, particularly during the current pandemic, when the rapid development of e-commerce drives up the surge of the trademark applications for the products sold online, thus creating new challenges for us all. We expect the partner offices to further improve trademark examination rules, upgrade examination quality and efficiency, speed up digitalization, build a highly-efficient trademark registration system to better serve users and contribute to economic recovery."   The 2021 TM
IP-Specific Grand Scheme for The Next Five Years Shaped 2021-11-12
  The State Council recently released the 14th Five-Year Plan of IP Protection and Use, providing IP-specific guidance, basic principles, primary objectives, key tasks, support measures for the next five years.   In the parts on guidance and basic principles, the Plan highlights the guidance of Xi Jinping's Thought on Socialism with Chinese Characteristics for a New Era; thorough execution of the instructions from the 19th CPC Congress and its second, third, fourth, fifth plenary sessions, coordinated advancement of the Five-in-One Arrangements, synchronized advancement of the strategic deployment of the Four Overalls; upholding the smooth operation style; all-around, precise, full execution of the development concepts; construction of new development schemes; upholding advancement of quality development as a main theme, all-around enhancement of IP protection as a main line, construction of an IP powerhouse as an objective, reform and innovation as a fundamental motive; advancement of reform on IP protection operational structure; full upgrade of IP creation, use, protection, management and service; further advancement of IP international cooperation; facilitating construction of modern economic system; inspiring innovation dynamics of the entire society; offering strong support to quality development of the economy and society.   In the part on primary objectives, the Plan stresses priorities in preaching quality, tightening protection, opening up cooperation, working together systematically. By 2025, the phased objectives and tasks for construction of an IP powerhouse shall be completed, governance capacity and skills shall be upgraded markedly, IP system shall materialize quality development, innovation-driven development and construction of high-standard market system will be effectively supported, quality development of economy and society shall be firmly facilitated. Four primary objectives are also set, namely, IP protection leaping to a new tier, IP use gaining new effectiveness, IP service reaching a new level, IP international cooperation making new breakthroughs, along with another eight projected targets including high-value invention patents owned per 10,000 heads.   In the part on key tasks, the Plan deploys five tasks. First, fully enhance IP protection to inspire innovation dynamics of the entire society, improve IP legal and policy stem, intensify IP judicial protection, administrative protection, coordinated protection and protection at source. Second, increase IP commercialization efficiency to support innovation and development of the real economy, improve mechanism for IP transfer and commercialization, elevate effectiveness of IP transfer and commercialization. Third, construct an easy-access service system for the public to help innovations benefit the public, elevate IP public service's capacity, promote healthy development of IP service industry. Fourth, advance IP international cooperation to serve the development of an opening economy, elevate IP international cooperation level, intensify IP international cooperation. Fifth, advance cultivation of IP talent and culture to tamp foundation for development. Surrounding these five tasks, the Plan also establishes 15 specific projects such as trade secret protection.   Coming to the final part on support measures, the Plan arranges four measures, namely, enhancing leadership roles, inspiring exploration and innovation, adding investment and ensuring execution to secure the materialization of the objectives and tasks.
40 Years and Counting, China Keeps Playing It Part in IP Global Governance 2021-11-12
  This year marks the 50th anniversary of the restoration of the People's Republic of China's lawful seat in the United Nations (UN). In 1980, a decade after returning to the UN family, China acceded to the World Intellectual Property Organization (WIPO), a specialized agency under the UN and has contributed tremendously to IP global governance, norm-setting, international cooperation, having become a staunch practitioner, contributor and supporter of IP multilateralism.   How will China continue to bolster international IP cooperation and participate in IP global governance in the future? Recently, China National Intellectual Property Administration (CNIPA) Commissioner Shen Changyu and Deputy Commissioner Gan Shaoning elaborated at a regular policy briefing hosted by the State Council Information Office.   Shen said that China has been working closely with the WIPO for more than 40 years, having joined almost all major international IP conventions, participated in the formulation and promotion of the Beijing Treaty on Audiovisual Performances, became an important user of Patent Cooperation Treaty (PCT) and international trademark registration under the Madrid system. China has made important contributions to promoting the development of IP global infrastructure, which was highly praised by the WIPO. In terms of the next steps, China will adhere to the path of multilateralism, further strengthen cooperation with the WIPO, bolster IP global infrastructure, and beef up the construction of a global community with a shared future for mankind. The prime task is to firmly support the pivotal role of the WIPO in global IP governance and rulemaking, accelerate the formulation of rules on big data, artificial intelligence (AI), traditional knowledge and folklore, and devise IP international rules that are open, inclusive, balanced and beneficial for all. The second is to help the WIPO to continue to improve the global service system, build an IP ecosystem that takes into account the interests of all parties, and incorporate Chinese and other relevant official UN languages into the Madrid system and the Hague system to better serve global innovators. The third is to encourage all parties to make an early resolution on the convening of the Design Law Treaty Conference, advance China's accession to the Hague Agreement Concerning the International Registration of Industrial Designs, actively integrate into the global design system, and help Chinese creativity, design, and manufacturing go global. The fourth is to deepen international cooperation under the Belt and Road Initiative and other cooperation programs, give full attention to the concerns of developing countries, increase their representation in the decision-making bodies of the WIPO, and provide more technical assistance to developing countries to enhance their IP capacity building and ability to respond to global challenges and accelerate the implementation of the UN 2030 Agenda for Sustainable Development. As one of the member states, China will continue to play a constructive role and participate in wide IP affairs, and contribute more to global IP work.   How will China promote the wider, broader, and deeper opening of IP next? Gan said that China will take three measures to achieve this goal. The first is to actively participate in global IP governance, involve itself in the improvement of the international IP rules system, and facilitate multilateral and bilateral IP negotiations related to economy and trade. The second is to enhance international IP cooperation, strengthen the establishment of an international IP cooperation mechanism and optimize the cooperation environment. The third is to beef up international cooperation in IP protection, provide convenience for business to obtain IP overseas, and bolster IP assistance and safeguard.   The 14th Five-Year National Plan for Intellectual Property Protection and Application was issued by the State Council of China recently. The Plan highlighted that new breakthroughs will be made in international IP cooperation during that period. In the future, China will focus on the overall situation of the country's reform and opening up, and make greater efforts to facilitate international IP cooperation. China will continue to improve IP international governance system via IP cooperation platforms such as the WIPO, the Belt and Road Initiative, IP5 (China, the United States, Europe, Japan and South Korea) and the BRICS.
China Releases 14th Five-Year Plan Notice on Intellectual Property: China to More than Double Number of Foreign Patents by 2025 2021-11-01
  On October 28, 2021, China’s State Council Released the 14th Five-Year Plan Notice of the National Intellectual Property Protection and Utilization Plan. The IP Plan lists main goals to be accomplished by 2025 with numerical indicators for some of the goals including increasing almost doubling the number of“high-value”patents per 10,000 people and more than doubling the number of foreign patents granted annually.   The IP Plan includes a table of main indicators. High-value invention patents should increase 6.3 patents per 10,000 people to 12 per 10,000 by 2025. High-value invention patents refers to the number of valid invention patents per 10,000 population that are owned by Chinese and authorized by the China National Intellectual Property Administration that meet any of the following conditions:   1. Invention patents for strategic emerging industries;   2. Invention patents having corresponding foreign patents;   3. Invention patents maintained more than 10 years;   4. Invention patents with a relatively high pledge financing amount (mortgage);   5. Invention patents that obtained the National Science and Technology Award and the China Patent Award.   Further, by 2025, foreign patents should more than double from 40,000 to 90,000; the amount of registered intellectual property pledge financing (mortgage of IP assets) should increase about 50%; the amount of IP licensing should increase about 10%; the value add for patent-intensive industries from 11.6% to 13.0%; the value add for the copyright industry should increase from 7.39% to 7.5%; society satisfaction rate with IP protection should increase from 80.05% to 82% and a new measure of satisfaction with first instance civil IP judgements should reach 85% (presumably as measured by cases that aren’t appealed).   Non-numerical goals include improving the intellectual property legal policy system (e.g., laws and regulations); strengthen the judicial protection of intellectual property rights (e.g., special IP courts); strengthen the administrative protection of intellectual property rights; strengthen the coordinated protection of intellectual property rights (e.g., mediation, arbitration, etc.); strengthen the protection of the source of intellectual property rights (e.g., patent incentives); improve technology and intellectual property transfer (e.g., grant universities the right and autonomy to dispose of intellectually property rights); promote the healthy development of the intellectual property industry (e.g., supervision of the industry); actively participate in the global governance of intellectual property rights (e.g., negotiate IP issues with trading partners); and more.
China Issues Draft Administrative Measures Allowing Foreign Patent Agencies to Open Representative Offices 2021-11-01
  On October 26, 2021, the China National Intellectual Property Administration (CNIPA) issued the Administrative Measures for the Establishment of Permanent Representative Offices in China by Foreign Patent Agencies (Draft for Comment). The draft Measures will allow foreign patent agencies to open up representative offices in China (as distinct from foreign law firms, which are already allowed to open up representative offices). However, unlike trademark agencies opened by many foreign firms, patent representative offices will not be allowed to prosecute Chinese patent applications.   In order to qualify to open up a Representative Office in China, the foreign patent agency must meet the following conditions:   (1) Legally established abroad;   (2) It has substantively carried out patent agency business for more than 5 years, and has not received self-discipline or administrative punishment due to its practice;   (3) The chief representative of the representative office has full civil capacity and patent agent qualification, has practiced patent agent for no less than 2 years, has not received self-discipline or administrative punishment for his practice, and has not received criminal punishment for any intentional crime;   (4) Has more than 10 patent agents practicing in their home country.   Representative Offices can engage in the following business activities:   (1) Provide parties with consultation on patent affairs in the country or region where the foreign patent agency has been approved to engage in patent agency business;   (2) Accept the entrustment of a party or a Chinese patent agency to handle patent affairs in a country or region where the foreign patent agency has been approved to engage in patent agency business;   (3) Accepting the entrustment of the parties or Chinese patent agencies to provide professional consulting services for Chinese enterprises’ overseas investment, overseas early warning, overseas rights protection and other patent-related matters;   (4) On behalf of foreign parties, entrust a Chinese patent agency to handle Chinese patent affairs.   Representative Offices are explicitly forbidden from engaging in“engage in Chinese patent affairs and Chinese legal affairs such as agency patent applications and invalidation of patent rights.”   Further, Representative Offices will not be able to hire registered Chinese patent agents thereby perhaps requiring Chinese patent agents to suspend their licenses before joining a Representative Office.   One Chinese commentator has asked “Is the Wolf Coming?” presumably concerned about foreign competition. But based on these draft measures, the answer is a definite no.   Comments are due by November 5, 2021.
China-EU GIs on Board Win-Win International Express 2021-10-25
  "The signing of the China-European Union (EU) Geographical Indications (GIs) Agreement has demonstrated and once again proved that mutual benefit and win-win outcome are at the heart of China-EU relations. It is the common responsibility and goal of China and Europe to meet the expectations and needs of the people of both sides," said Ambassador Zhang Ming, Head of the Chinese Mission to the EU, citing that this agreement provides comprehensive and effective protection and promotion for the high-quality GIs products of two sides to enter each other's markets, and also provides more options for the people of China and Europe to pursue a better life.   Since the agreement took effect on September 14 last year, the two sides have continued to deepen the mutual recognition and protection of GIs list, allowing GIs products to ride on the international express featuring fairness, mutual benefit, and win-win cooperation to global market. As of now, a total of 110 Chinese GIs and 134 EU GIs are protected by the other side via individual application, mutual recognition trial projects and mutual protection as required by documents, resulting in further expansion of GIs of both sides in the world.   Bilateral cooperation welcomes opportunity   Since the signing of the agreement, China and the EU have ensured the products protected and recognized in two markets, having created a sound business environment for GIs industry development, and jointly promoted high-level protection in both markets, made the bilateral economic and trade cooperation continued to develop. "The signing of the agreement has established a convenient and efficient platform for GIs products of both parties to enter each other's markets, which surely becomes a new growth point for both parties' international trade," said Xu Shengquan, Associate Professor of the School of Intellectual Property, Nanjing University of Science and Technology and Director of the Jiangsu Trademark and Brand Research Center.   "Developing agricultural cooperation with China is of vital importance to the EU," said Janusz Wojciechowski, member of the European Commission responsible for agricultural affairs. He said that in recent years, China and the EU have exchanged views frequently in agricultural science and technology and GIs. In 2020, China-EU agricultural trade continued to maintain a momentum of rapid growth despite the impact of the COVID-19 pandemic, with the trademark volume of 30 billion U.S. dollars. While bringing more economic benefits to producers, the agreement also plays a positive role in promoting regional economic development.   After the agreement took effect in March this year, China and the EU simultaneously issued an announcement on the protection of the first group of GIs, laying a solid foundation for the implementation of the agreement. The second group of "175+175" GIs list will complete protection procedure within four years after the agreement enters into force. In May this year, the State Administration for Market Regulation of China and the China National Intellectual Property Administration jointly issued the Guiding Opinions on Further Strengthening the Protection of Geographical Indications, clarifying the policy framework for the protection and management of GIs.   Taking several measures to implement the agreement   The EU is well-known for its GI protection system featuring high-standard and strict rules. How to build a system comfortably working with other systems is a challenge for China. Anji White Tea, as the first group of products on the list, has embarked on a way of high-standard production management. At present, Anji County has developed 4,153 hectares of national certified pollution-free tea gardens, and 1,733 hectares of green (organic) gardens; one national standardization demonstration park and six provincial standard parks, setting a good example for popularization of standardized production and management.   In the meantime, in a bid to establish their brands in the Chinese market, the EU has taken various measures to introduce and promote their products by holding seminars and participating China International Fair for Trade in Services, hoping the brand image of excellent quality and high standard are printed in the minds of Chinese consumers.   In parallel, as the two sides continue to bolster GI cooperation, the brand awareness of such products will continue to increase. It is believed that under the guidance of the agreement, more and more GIs products will take this international express to enjoy a bright future of high-quality development.
China Issues Outline to Build IP Powerhouse in Next 15 Years 2021-10-25
  Recently, the Central Committee of the Communist Party of China (CPC) and the State Council jointly issued an outline for building an intellectual property power (2021-2035), depicting a grand blueprint for accelerating the process. "At present, China is transforming from a big IPR importer to a big innovator, and IP work is shifting from the pursuit of quantity to the improvement of quality. As China enters a new stage of development, we are vigorously implementing the new development concept and actively constructing a new development pattern, which is inseparable from the strong support of IPR. The outline lays out a scheme for building of an IP power, and designs a major top-level structure for the IP development in the next 15 years, which is a major milestone in the history of such work," said a relevant principal of China National Intellectual Property Administration (CNIPA).   Setting development goals   The outline provides that by 2025, IP protection will be stricter; social satisfaction will reach and maintain a high level; IP market continues to show its value; and brand competitiveness enhance largely. By 2025, the added value of patent-intensive industries will account for 13% of the GDP, the added value of copyright industries will account for 7.5% of the GDP; the annual total import and export of IP royalties will reach 350 billion yuan, and the number of high-value invention patents per 10,000 heads will reach 12.   In recent years, China's IP protection has made palpable achievements. The legal system of IPR has been gradually improved, and the administrative and judicial protection of IP has been significantly strengthened. Essential patents, well-known trademarks, high-quality copyright and geographical indication products continued to grow. According to the 2021 Global Innovation Index released by the World Intellectual Property Organization (WIPO), China's ranking rose from 35th in 2013 to 12th in 2021, leading the middle-income economics and after rising steadily for nine consecutive years."Entering a new stage of development, promoting high-quality development is an inevitable requirement for maintaining sustained and healthy economic development, and the role of IPR as the core element of strategic resources for national development and international competitiveness is more prominent," said the principal.   Implementing key tasks   The outline plans to "build an IP system serving socialist modernization", "build an IP protection system supporting a world-class business environment", "build an IP market operation mechanism encouraging innovation and development", "build a public service system for IP that is convenient for the people" and "build a humanist social environment promoting high-quality development of IP and tasks of "deep participation in global IP governance".   The outline proposes to build a more refined IP legal, management and policy system, build a timely response and reasonable protection of IP rules in emerging and specific fields, improve judicial and administrative protection system, and beef up coordinated protection pattern of unified leadership, smooth connection, speed and efficiency. The outline also focuses on the construction of the cultural and social environment of IPRs, and promotes the realization of higher level protection and higher quality development of IPRs by improving the cultural consciousness of IPRs in the whole society. The outline proposes to shape an IP culture in respecting knowledge, advocating innovation, integrity, law-abiding and fair competition, build an IP culture communication matrix with novel content, diverse forms and integrated development, and create a more open, positive and dynamic IP talent development environment.   Innovation is the first driving force leading development. High quality development puts forward urgent requirements for higher-level creation and more effective application of IPRs. The outline proposes to improve the high-quality creation mechanism of IPRs with enterprises as the main player and market orientation, improve the application mechanism with efficient and smooth operation and full realization of value, and establish a standardized, orderly and dynamic market-oriented operation mechanism. It also requires to strengthen the public service supply for IPRs and establish an information service model with data standards, resource integration and efficient utilization.   "China will also promote the in-depth integration and development of IPRs with economy, science and technology, culture, society and other aspects, so as to contribute to achieving higher quality, more efficient, fairer, more sustainable and safer development and meeting the growing need of the people for a better life," the CNIPA principal added.
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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​         京ICP备09099344号-1