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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.
Global Patent Filings Edge Higher In 2022 2023-03-02
  The number of international patents filed last year grew only slightly, with the climate for innovation reflecting the difficult economic conditions in 2022, the United Nations said on February 28.   A record 278,100 patents were filed last year, up 0.3 percent, the UN's World Intellectual Property Organization said in its annual overview.   Asia's dominance continued, accounting for 54.7 percent of international patent applications, WIPO said.   China remains the top source of applications ahead of the United States and Japan under WIPO's Patent Cooperation Treaty (PCT), which simplifies obtaining patent protection in multiple countries.   "The overall modest growth rate reflects the challenging economic conditions prevailing in 2022. Notwithstanding these conditions, firms continued to invest in innovation and intellectual property," WIPO said.   Firms from China filed 70,105 patent applications, followed by the United States (59,056), Japan (50,345), South Korea (22,012) and Germany (17,530).   France, Britain, Switzerland, Sweden and the Netherlands rounded out the top 10.   But notably sharp rises in the number of filings were registered in 12th-placed India (up 25.4 percent) and in South Korea (up 6.2 percent).   "International IP filings largely held up in 2022," said WIPO chief Daren Tang.   "Despite difficult economic conditions and a decline in risk finance, businesses continued to invest in innovation."   Chinese tech giant Huawei remains the top filer with 7,689 patent applications, ahead of South Korean rival Samsung on 4,387, which jumped up to second place with a 44.3 percent increase in applications.   They were ahead of US firm Qualcomm (3,855), Japan's Mitsubishi Electric (2,320) and Swedish telecom equipment maker Ericsson (2,158).   Computer technology accounted for the largest share of applications at 10.4 percent, followed by digital communication, electrical machinery, medical technology and then measurement.   Of the top 10 technology fields, eight saw growth in 2022.   "After the particularly strong growth in health-related technology fields of last year, digital technology fields returned to the fastest growing fields among PCT applications in 2022," WIPO said.   As for trademark applications, US-based firms filed the most (12,495), followed by those in Germany (7,695), China (4,991), France (4,403) and Britain (4,227).   French cosmetics giant L'Oreal once again topped the pack, with 160 trademark applications.   Swiss pharmaceutical firm Novartis moved up three places to number two with 131 applications, followed by Britain's Glaxo Group (128), Bulgaria's Euro Games Technology (120) and South Korea's Hyundai.   And as for design patent applications, the number of applications in 2022 reached a record 25,028, up 11.2 percent.   The numbers were boosted by China joining the system, which eliminates the need to file and pay for separate design protection applications in each WIPO member country.   "China's entry... fuelled design applications from China and the rest of the world," said Tang.   Germany remained the top country of origin, its firms seeking protection for 4,909 designs, followed by China on 2,558, ahead of Italy, which overtook the United States. Switzerland came fifth.
China Is Fertile Ground for Solar Tech Patents, Industry Exec’s Say 2023-02-22
  China has developed a comprehensive crystalline silicon photovoltaic industry over the past 20 years, becoming the most suitable place for companies to apply for solar patents, according to executives in the industry.   “China has formed a complete PV industry ecology from upstream to downstream, including various ancillary industries, promoting the development of new technologies with lower cost,” Song Dengyuan, chief technology officer of Chinese PV module maker Das Solar. “No other country is at the same level.”   Last year, China’s market share in all parts of the global PV industry exceeded 80 percent, with that of silicon wafers at 97 percent, said Song, who also heads the battery and panels division of the China Photovoltaic Industry Association.   “Overseas competitors don’t stand a chance and often quit for lack of motivation,” Song added. Even if foreign solar companies could develop new technologies, it is unlikely for them to be able to make up for lost market share, he noted.   China is adept at industrializing PV technologies. For example, China makes the N-type tunnel oxide passivated contact, or TOPCon, solar cell, which was commercialized from a concept. Also, the perovskite solar cell patent, which had long been registered by Japanese firms and had expired when brought to China, has been developing rapidly in the country, Song said, adding that PV tech can be developed better in China than the United States and Japan.   The production efficiency and automation degree of Chinese solar firms are also improving. A PV module production line with an annual capacity of 500 megawatts needed at least 700 workers in 2011, but a 750 MW line only needs 70 workers now, said Wang Xiang, deputy general manager of solar panel maker GCL System Integration Technology.   Chinese solar firms have achieved breakthroughs with respect to the efficiency of new battery types. The battery efficiency of leading firms GCL and Jinko Solar exceeded 25 percent, Song pointed out. The average is usually around 17 percent.   Swift efficiency improvements, a fully competitive market, and a complete industry ecology are the three factors that are driving China’s solar industry through a new technology transition. GCL, Jinko Solar, and PV module supplier Jinneng Clean Energy Technology are embracing new-generation technologies.   GCL is building a Topcon solar cell plant with an annual capacity of 20 gigawatts in Wuhu, Anhui province, to meet the demand from its panel production base in Hefei.   Jinneng Clean Energy is pushing forward with the mass production of heterojunction technology solar cells, those made with a combination of crystalline silicon and amorphous silicon to produce high-power, high-efficiency hybrid cells.   “We are also investing in technologies combining HJT with perovskite, but it will take time to develop them,” said Yang Liyou, the firm’s general manager.
Technicians Appointed to Advise on IP Cases 2023-02-22
  A total of 115 technicians were appointed as investigators by Beijing Intellectual Property Court on Feb. 15 to help solve technical cases.   With the fast development of technology, the court has seenIP technic rapidly growing al disputes over the past few years.   "Hearing technical cases has become a major part of our job," said Zhou Liting, deputy head of the court's technical investigation department.   She revealed that since the court was established in November 2014, it has solved 23,000 technical cases, of which about 20,000 have been concluded.   The cases covered many sectors involving high-tech, such as communications, medicine, biology, chemistry, materials and computers, she said, adding "Finding a better solution to the cases very much relates to the development of the involved enterprises and industries".   Considering the complexity of technology, a judicial interpretation by the Supreme People's Court, China's top court, issued at the end of 2014 allowed courts to find technical investigators to help with cases, clarifying that the appointment period ranges from one to three years.   The court set up the technical investigation department in October 2015, Zhou said, noting that 183 technicians had served the court in 3,281 cases.   Compared with the previous appointments, the number of investigators this time has increased, "and technicians focusing on pharmaceuticals and telecoms have been added in particular this time", she added.   The average age of the new technical investigators is 41 and each has been engaged in technical industries for an average of 15 years, with a significant rise of those working for colleges, hospitals and technical academies, according to her.   Zhang Hui, a biomedical technician, was reappointed this time.   Before the appointment, he had provided technical support in more than 50 cases. He expressed his pride at being a technical investigator, "as the job is to stand with judges to give stronger judicial protection of IP rights", he said.   Recalling his work in previous cases, he added, "I grew up quickly after being urged to follow the latest technologies and innovations in my field, and my communication skills and the understanding of technologies have also been improved by interpreting obscure technical terms to judges."   To guarantee the objectivity of case handling, all technical investigators, including the latest appointments, must not meet litigants involved in disputes nor provide fake technical reports.
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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