If this email does not display correctly,
please click here.
No.104¡¡Oct 28, 2014
 
Subscribe   
 
Contact us  
 
7Th/8Th/11Th Floor,Scitech Place, 22 Jianguo Menwai Ave.,Beijing 100004,P.R.China
T: +8610 59208888
F: +8610 85110966 85110968
Web:www.unitalen.com
E-mail:mail@unitalen.com
 
     
     
     
Mountain Taishan in ShanDong
 
In this issue
Beijing Intellectual Property Court was Launched in November 2014
Chinese Supreme People's Court is Seeking for Public Comment on Judicial Interpretation of Trademark Grant and Confirmation
China Copyright Protection Center Initiates Works Custody Services
Payment Measures for Using Text Works Released
China will Explore Establishment of Inter-administrative Division People's Court and People's Procuratorate
The 2013 List of Professional Articles Published was Released; Unitalen Ranks The Top Again in The Category of Social Organization
With Original Intention in Mind, We Keep Moving Forward Unitalen Revisited Unitalen Hope Primary School in Qingquan Village of Zhaqu Township
 
 
 
Beijing Intellectual Property Court was Launched in November 2014

 
On the morning of November 3rd, 2014, the Chinese Supreme People's Court announced the Provisions on Jurisdiction of Beijing, Shanghai and Guangzhou IPR Court by Supreme People's Court, and the Intermediate People's Court in Beijing, Shanghai and Guangzhou will no longer accept IPR civil and administrative cases. Beijing Intellectual Property Court will be inaugurated in early November, after the vote by the 14th session of the 14th Beijing Municipal People's Congress, Su Chi was appointed as the first dean, member of judicial committee and judge of Beijing Intellectual Property Court. The intellectual property courts in Shanghai and Guangzhou will be set up this year.

The Provisions has further clarified important issues for IPR court such as the jurisdiction of first instance cases, type of cross-regional jurisdiction cases and the scope of IPR grant and confirmation. Wang Chuang, Vice-President of the IPR Chamber of Supreme People¡¯s Court, said that, in practice, the computer software cases involving professional and technical fact-finding, which is relatively difficult for elementary courts, so they are necessary to be heard by IPR Court.

The Provisions requires that, the following administrative cases of first instance are heard by Beijing Intellectual Property Court: objection to IPR grant and confirmation judgment or decision made by the State Council on patents, trademarks, new plant varieties and integrated circuit layout and design; objection to the compulsory licensing decisions by the State Council on patents, new plant varieties and integrated circuit layout and design as well as the compulsory licensing fee or reward rulings; objection to other administrative acts involving intellectual grant and confirmation by the State Council.

The appeals of IPR civil and administrative judgment on the first instance copyrights, trademarks, technology contracts and unfair competition made by local courts in the city where the IPR court is located, which is raised by a party, is to be heard by the IPR courts.

Currently, the Supreme Court is studying the development of relevant judicial interpretations and work practices, clarification of the function , number, , election and appointment qualifications, model of management, exercise of powers, etc. of technical investigators.

 
 
Chinese Supreme People's Court is Seeking for Public Comment on Judicial Interpretation of Trademark Grant and Confirmation

 
It was informed on October 15th from the Supreme People's Court that, the Supreme Court has published the Provisions of issues on hearing trademark grant and confirmation administrative cases by the Supreme Court (Draft for Public Comment) in the official website of the Supreme People's Court and the China Court Net, for public comments and suggestions.

According to reports, the trademark grant and confirmation administrative case belongs to the type of Class A important case, with substantial increase in recent years. In 2013 the first instance trademark administrative case accepted by the People's Court totaled 2,161. To clarify and unify trial standards, and for proper hearing of trademark grant and confirmation administrative cases, the Supreme Court has made this draft for outstanding issues in judicial practice, on the basis of in-depth research and multi-party comments.

For the large-scale preemptive registration of trademarks, the draft stipulates that, if the trademark applicant applies for registration of certain well-known trademarks and certain well-known trademarks with identical or similar name of place in large number, apparently lack of real intent to use, or applies for a large number of trademarks without good cause, the Trademark Review and Adjudication Board shall not register them or shall declare invalid in accordance with the relevant provisions of the Trademark Law, and the court shall support it.

The Draft clarifies that, signs identical or similar with the names of nation on the whole shall not be used as trademarks in accordance with the relevant provisions of the Trademark Law. For the sign containing the name of People's Republic of China and so on, but not identical or similar on the whole, if the sign is registered as a trademark, it may lead to abuse of the name of China, which cannot be used as a trademark.

The Draft also clarifies that, the sign or its constituent elements that may have negative impact on China's political, economic, cultural, religious, ethnic and other social and public interests and public order shall not be used as a trademark.

The Trademark Review and Adjudication Board in the dismissal for review program, holds the view that the unauthorized application of the names of public figures for registration as trademark, may cause other adverse effects and shall not be approved for registration, and the people's court shall support. The application of the name of a dead natural person without the permission of his heir for registration as trademark would lead the public to connect the commodity with the trademark logo with the natural person, etc., which can be identified as adverse effect and shall not be used as trademark.

The Draft also regulates the reproduction, imitation or translation of unregistered and registered well-known trademarks, GI issues, the image and names of roles in works, malicious identification of copy, imitation and translation of well-known trademarks.

The public comments and suggestion for the Draft lasts one month, all social circles may feedback their amendments before November 15th.

 
 
China Copyright Protection Center Initiates Works Custody Services

 
For the convenience of the copyright owner to obtain proof of completed works in timely and convenient manner, China Copyright Protection Center officially launched the new online copyright service¡ª¡ªworks custody in October 13rd. Meanwhile, the works custody service rule, process and works custody platform open to the copyright owner was formally launched online.

To meet the needs of creators and users of works in different areas, especially for practical crafts design, creative advertising and various competitions with fast update frequency, strong imitativeness and low cost of copying, the Center pioneered this business, developing the works custody platform integrated with application, payment, in-bound, out-bound, extraction, renewal, information bulletins and other functions. The Center will keep in custody and issue voucher after accepting the application for custody. The custody voucher and the works in custody can be used as evidence of the completed works.

The business is featured by its convenience, high security, being fast and safe, and strong credibility, and in the form of online services, that is, the application, payment and custody are all operated online, greatly reducing the time for handling; the applicant may apply for custody at any time anywhere, with no need to apply in person at the Center.

 
 
Payment Measures for Using Text Works Released

 
In September 23rd, the NCAC and the National Development and Reform Commission jointly issued the Payment measures for using text works.

The Measures increases the basic remuneration standard of original works to 80-300 yuan/ per thousand words from the previous 30-100 yuan by the Published written works remuneration provisions in 1999, while the tax rate for the copyright of original works does not increase, remaining at 3-10%. The "Measures" came into force on November 1st.¡¡¡¡

The head of NCAC Policy & Law Division said, for newspapers to reprint and excerpt published works of others, if the party has not agreed or has not agreement clearly, it must apply to the remuneration standard stipulated in the Measures. The Measures also applies to digital text, etc.

 
 
China will Explore Establishment of Inter-administrative Division People's Court and People's Procuratorate

 
It is reported that China will explore the establishment of inter-administrative division courts and prosecutors, to optimize the configuration of judicial powers and promote the implementation of system reform pilot in separation of judicial powers and executive powers. The Supreme Court will establish the Circuit Court, to explore the establishment of inter-administrative division People's Court and People Procuratorate, and the establishment of system for the procuratorate to file litigation for public interest.
 
 
The 2013 List of Professional Articles Published was Released; Unitalen Ranks The Top Again in The Category of Social Organization

 
Recently, the website of SHIPA released its 2013 annual statistical analysis of articles published in law core journals and IPR professional journals, and Unitalen was once again the NO.1 in the social organization category with 29 articles published in the year.

The 2013 annual report made statistics of the number of articles published in the core journals and professional journals by different agencies respectively, ranking based on the number and dividing the agencies into four categories of research institutes, judicial system, government departments and social organizations, to eventually form this list. Following its top rank in the list of professional journals by professional services in 2012, Unitalen ranks the first again in the category of social organizations this year.

Besides its focus on professional standards of its employees, Unitalen pays more attention to the theoretical research level of its agents and lawyers, publishing 1-2 IPR professional books each year, encouraging IPR experts to publish academic articles in IPR media and professional journals, for in-depth study and exploration of theory and practice of the industry, creating the atmosphere of mutual learning and joint discussion for academic practice and development of the industry.

 
 
With Original Intention in Mind, We Keep Moving Forward Unitalen Revisited Unitalen Hope Primary School in Qingquan Village of Zhaqu Township

 
On October 9th, entrusted by Unitalen Attorneys At Low., Shi Shuhuan, the chief of Unitalen President Office, came to the Unitalen Hope Primary School in Qingquan Village of Zaqu Township, which was constructed by Unitalen, to understand the learning and living conditions of children, bringing their long-wanted gift: 20 sets computers. The leadership of China Youth Development Foundation, Henan Provincial Youth League and Neixiang County visited the children together.

That day, Shi Shuhuan transmitted the computers to the principal, and presented a plaque of love. The children were excited, playing performances for the visitors like celebrating a festival. The sign language exercise- "Grateful Heart" expressed their gratitude for the care from all walks of life, and the student representative also presented pure rustic paintings to Unitalen.

The delegation had brief discussion with the staff representatives of the school, to understand the situation and difficulties of Zaqu Township and the person in charge of the school, saying it would continue to pay attention to and support the development of the school and children's learning.

In 2011, Unitalen invested 360,000 yuan in a joint investment with Neixiang County Education And Sports Bureau and the township government to build Unitalen Hope Primary School in Qingquan village, with a new teaching building of 685 square meters, a playground of 1125 square meters, two wells and 1,000 square-meters campus, which solved the teaching and living problems for teachers and students. After the Hope Primary School was completed, the school looks brand new, with more than 280 students currently, of whom more than 80 accommodate at school, greatly solving the problem of attending school of the three surrounding villages.

Since its incorporation, Unitalen has invested a total of more than 6 million yuan in active participation in the construction of Hope Primary School, Wenchuan Earthquake, Yushu Earthquake and other public welfare undertakings, persistently building a new Hope Primary School in China every year, with 10 schools completed so far. In the future, Unitalen will revisit these schools for sustained attention to the learning and growth of children, understanding the real needs of schools and children, to provide the most effective help. With our original intention in mind, we keep on moving forward on the journey of philanthropy.