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IP Protection to Keep up With Technology 2023-03-13

　　Procuratorates have intensified the comprehensive judicial protection of intellectual property rights via specialized case handling, with about 13,000 people being prosecuted for IP infringements last year, according to the Supreme People's Procuratorate (SPP). 　　They also intensified the supervision of civil administration litigation, which refers to a citizen or organization initiating a lawsuit against administration departments for violations. Procuratorates handled 937 cases of IP civil administration litigation last year, up 72.2 percent year-on-year. 　　Liu Taizong, director of the SPP's IPR Procuratorial Office, said that IPR cases often involve cutting-edge and professional problems, especially technical cases involving patents and trade secrets, requiring a team of prosecutors with professional knowledge and skills. 　　To meet those needs, in November 2020, the SPP set up the IPR Procuratorial Office to coordinate resources from the criminal, civil, administrative and public interest litigation departments to carry out IP protection. 　　By the end of last year, 29 provincial-level procuratorates had set up IPR procuratorial departments with professional personnel. In 2022, the SPP also issued a guideline to clarify the principles, tasks, specific measures and case-handling procedures for IPR procuratorial work. 　　As a basic system for protecting scientific and technological innovation, the IPR protection system plays an irreplaceable role in promoting scientific and technological progress and high-quality economic and social development, said Liu. 　　"The protection of IPR is a systematic project, while strengthening the legal protection of IPR, procuratorial organs actively integrate into the national IPR protection system, and their work is not limited to handling cases, but to put forward timely suggestions on social governance problems found to make up for the loopholes in governance," he said. 　　In the process of case handling, the procuratorates have focused on the key national innovation sectors, highlighting the protection in emerging technologies and in areas such as information technology, artificial intelligence and biomedicine, he said. 　　"We are severely cracking down on activities that infringe on companies' core technologies and strengthening the protection of trade secrets to stimulate innovation. Measures have also been taken to prevent secondary secret leaks during prosecution. About 220 people have been prosecuted for infringing on trade secrets in the past two years," he said. 　　Liu said that IPR procuratorial departments are actively carrying out legal supervision over big data and expanding data sources for IPR protection, and making full use of local platforms to obtain judicial judgment and administrative punishment data in accordance with the law, so as to make an in-depth analysis to get evidence. 　　The SPP is encouraging procuratorial organs to set up IPR departments or specialized case-handling organizations in light of local conditions to integrate the resources from different procuratorial departments. Meanwhile, it will promote the system of assisting case handling by technical investigators and expert approval to ensure the quality of case handling. 　　Procuratorial organs will also pay close attention to frontier IP issues in the fields of metaverse, non-fungible tokens, databases and short videos, and strengthen in-depth research on different types of IPR, protection methods and legal risks, he said.

Foreign Entities Own 861,000 Valid Invention Patents in China by the End of 2022 2023-03-13

　　Intellectual property protection is an important part of a sound business environment. As of the end of 2022, the number of valid invention patents owned by foreign entities in China reached 861,000, a 4.5% jump year-on-year, involving 58,000 foreign companies, an increase of 2,000 from the previous year. The number of valid registered trademarks owned by foreign entities hit 2.03 million, up 5.9%. Foreign interests' greater IPR footprints in China, as revealed at a recent SCIO (State Council Information Office) press conference on IP statistics of 2022, indicated IPR has continued to exert its role in boosting high-level opening up. 　　"As far as IPR protection concerns, the Chinese government always treats local and foreign companies on equal footing." These welcome numbers has given strong proof that IPR protection has created conditions for foreign businesses to fly, said Zhang Zhicheng, Director General of Intellectual Property Protection Department of the China National Intellectual Property Administration (CNIPA). 　　In recent years, the CNIPA has enacted a number of measures to protect foreign investors' legitimate rights and interests in IPRs. 　　In terms of rapid and coordinated protection, the CNIPA established 10 additional National IP Protection Centers/Rapid Enforcement Centers, bringing the total to 97. These centers provide the same rapid and coordinated protection services to domestic and foreign/joint ventures registered with them. As of date, there are over 2,900 foreign/joint ventures registered with these centers nationwide. 　　Regarding administrative protection, the CNIPA followed strict protocols to handle foreign-related IP disputes. As a matter of fact, the complainants of the first two groups of major patent infringement disputes happened to be foreign companies. CNIPA's work on the cases timely curbed infringing acts and sparked warm comments from the industry. 　　As to cooperation and communication, the CNIPA has worked closely with the National Development and Reform Commission, Ministry of Commerce and China Council for the Promotion of International Trade in hearing opinions and suggestions of foreign ventures on IP protection, attending to their problems and difficulties and responding to their requests. The CNIPA has also organized the compilation of English newsletters on China's IPR protection and distributed to more than 340 chambers of commerce in over 70 countries through the global network of the China Chamber of International Commerce, giving foreign companies a first-account elaboration of the status quo of IPR protection in China. In addition, the administration has told China's IPR story to the world through the Innovation and Intellectual Property Protection Conference of Boao Forum for Asia, Shanghai International Intellectual Property Forum, Qingdao Multinationals Summit and other events, enhancing the optics of solid protection. 　　In recent years, China's IPR protection environment has been acknowledged by a slew of foreign businesses. 　　"Equal and strict IPR protection will further enhance the long-term confidence of foreign enterprises' investment in China," said Ann Chaplin, General Counsel of Qualcomm at 2022 High-level Forum on China IP Protection. Qualcomm has built some joint innovation laboratories on 5G, internet of things, extended reality and other innovative fields to help Chinese enterprises seize new opportunities. In recent years, Qualcomm has invested in more than 70 Chinese start-ups. China's firm determination to further strengthen IP protection has played a crucial role in inspiring domestic innovation and attracting foreign investment, according to Chaplin. 　　"IP protection is always on the road. In future, the CNIPA will further strengthen the IP protection by improving its efficiency and bolster a market-oriented, law-based and international-oriented first-class business environment. We believe that China will become a hot spot for foreign investment in the long term and foreign ventures will have a better future here," Zhang concluded.

Authorities Pledge to Strengthen IP Protection, Hasten Patent, Trademark Applications 2023-03-02

　　China's top intellectual property regulator pledged to ensure stronger intellectual property protection and accelerate reviews of patent and trademark applications this year to better contribute to the country's high-quality development and respond to the demands of innovators. 　　"We'll strengthen IP protection by helping amend the Trademark Law and the implementation rules of the Patent Law, with greater efforts to assist in establishing a law on geographical indications as well as a system to protect data IP rights," said Heng Fuguang, spokesman of the China National Intellectual Property Administration. 　　He released the plan at a news conference on February 22, adding that the time to review trademark registration and applications of invention patents will also be further shortened this year. 　　While improving review efficiency, he emphasized that the fight against malicious trademark registration and improper patent applications must continue. 　　Malicious registrations generally are applications that violate the principles of legitimacy and good faith, including trademark squatting, the illegal registration of someone else's trademark to make a profit, appropriation and imitation, infringements of others' rights, misuse of public resources and massive or repeated registration in bad faith. 　　Heng noted that trademark squatting will be a major target this year. 　　He also said that the administration will provide more online services this year to help innovators and applicants manage their IP-related affairs more easily at the administration.

Beijing Law Intellectual Property Agency Co., Ltd.

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