No.41 Jun28, 2008 |
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7Th/8Th Floor,Scitech Place, 22 Jianguo Menwai Ave.,Beijing 100004,P.R.China
T: +8610 85115588 59208888
F: +8610 85110966 85110968
Web: www.unitalen.com
E-mail: mail@unitalen.com |
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Mountain Huangshan in AnHui |
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German Lawyers positively assess Chinese trademark protection |

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According to online news report of German Commercial News, German lawyers attending the 130th International Trademark Association (INTA) Annual Meeting positively assess trademark protection in China. The report stated that protecting trademarks in China was much easier than most companies thought. In ordinary opinion, IP protection in China plays a minor role in the market for lack of an effective legal system. But actually, after tremendous modification of China’s Commercial Laws and Regulations, this situation has changed. Considering that the registration costs in China are very low, multi-national enterprises should pursue Chinese trademark applications as soon as possible in order to avoid possible preemptions and infringements.
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Standing Committee of the National People's Congress conducted the legislation investigation and research on the revision of the Chinese patent law in Shanghai |

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On May 28, 2008, the legislation investigation and research team of the revision of the Chinese Patent Law of Education, Science, Culture and Public Health Committee arrived at Shanghai for the discussion on the revision of the Chinese patent law. The team is lead by Mr. Xu Rongkai who is a member of Standing Committee of the National People's Congress and the Vice President of Education, Science, Culture and Public Health Committee of the Congress.
Upon arriving at Shanghai, the team hosted a conference attended by Shanghai Municipal People's Congress, courts, government departments and some representatives of Academies. The relevant issues discussed in the conference include the mechanism for the patent system promoting independent innovation, the improvement of Service Invention system, the patent administrative enforcement, the management of patent and the improvement of the procedure of patent litigation etc. Meanwhile, some attendees proposed lots of constructive suggestions in respect of the revision of the current patent law.
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Two national IP standards put in practice from June 1st |

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Two recommended national standards "Intellectual Property Literature and Information – Basic Terms" and "Intellectual Property Literature and Information – Classification and Code", constituted by the State Intellectual Property Office were approved by the General Administration of Quality Supervision, Inspection and Quarantine and the Standardization Administration and put in practice since June 1. These are the first national standards in the IP field in China.
The Basic Terms includes and standardizes 105 items in the IP field and unifies both the terms in Chinese and English, such as general IP terms, patent terms, trademark terms and copyright terms, which are applicable to relevant IP literature and information fields. Classification and Code adopts digital encoding methods to work out a classification system based on the characteristics of literature information in the IP field, including 5 categories of general introduction, patent, trademark, copyright and other IP rights or related protection and 139 items, applicable to the classification and mark of IP literature and information, but inapplicable to the classification of patent literature and trademark gazettes.
It is reported that the two standards are being recommended to intellectual property systems at all levels nationwide.
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The Implementation of China National Intellectual
Property Strategy Compendium after Three-year Formulation
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On the morning of June 13, 2008, the State Council held a press conference on the issues of China National Intellectual Property Strategy Compendium, which was formulated for more than three years and has recently been put into practice.
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Pfizer Pharmaceuticals Limited Won “辉瑞大连” (Pfizer Dalian in Chinese) Domain Name Dispute in Dalian Middle Court |

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Pfizer Pharmaceuticals Limited v Ms. Yang / Dalian Middle Court of First Instance
Ms. Yang registered the domain name of “辉瑞大连” (Pfizer Dalian in Chinese). Pfizer believed that Ms. Yang’s registration of the said domain name without its permission had constituted infringement. Pfizer therefore filed a lawsuit before Dalian Middle Court, claiming that in accordance with laws, “Pfizer in Chinese” shall be recognized as a well-known trademark. Pfizer further requested Ms. Yang to stop using of the contested domain name, remove it from the Registry, and compensate RMB 5,000 as economic losses.
Dalian Middle Court ordered Ms. Yang to stop using the contested domain name and remove it from the Registry immediately, but rejected Pfizer’s other requests. The litigation costs shall be paid by Ms. Yang. As Pfizer and Ms. Yang did not appeal, the judgment of the case is uncontested and has been enforced.
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China - Explore Construction of Appeal Courts for Cases Involving IPRs |

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Recently the State Council promulgated the “Compendium of China National Intellectual Property Strategy” (hereinafter referred to as “the Compendium”). According to the Compendium, China will be built into a country with a comparatively higher level in the areas of creation, utilization, protection and administration of intellectual property rights by 2020.
The Compendium emphasizes that China will improve the trial system for intellectual property, optimize the allocation of judicial resources and simplify the remedy procedures. It points out that studies need to be carried out on establishing special tribunals to handle civil, administrative or criminal cases involving intellectual property. Studies also need to be done to reasonably centralize jurisdiction over cases involving patents or other cases of a highly technical nature. Moreover, China will explore issues on setting up courts of appeal for cases involving intellectual property. Judicial organs for handling cases involving intellectual property need to be further strengthened and well-staffed to improve the handling of cases and enforcement of the law.
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Senior Seminar for Creators
-- Jointly Held by Unitalen and ChinaBio
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On May 21, Senior Seminar for Creators jointly held by Unitalen and ChinaBio was held at the conference hall of Unitalen’s headquarter. It is the second of a series of seminars as of August 29, 2007. The honorable guests and main speakers were Dr. Charles C. Liu, Unitalen’s Partner and Manager of matters involving U.S.A. and Canada, Mr. Greg. B, Scott, President and creator of ChinaBio Accelerator, Mr. John K. Liu of Fenwick & West LLP, U.S.A., Dr. Faming Zhang, President and Technique Director General of Crown Bioscience.
The attendees discussed on company creation, enterprises’ operation, international cooperation and intellectual property strategy in the biotech field in China. The seminar aims at enhancing cross border communication between investors, enterprisers and legal counselors domestic and overseas. More than 50 enterprises’ and organizations’ chiefs of related fields attended the seminar. Also, the attendees participated in discussions with the honorable guests and main lecturers.
Dr. Charles C. Liu, main speaker of the Seminar, made an insightful speech on inventions and its patent protection in chemistry and biology fields, with many diagrams and examples. Mr. Greg. B, Scott, Dr. Faming Zhang and Mr. John K. Liu made incisive speeches separately on how to attract investment fund, lower the costs for research and development on medicine, and construction of an internationalized company.
The attendees made in-depth discussions on the following topics for biotech creators: how to prepare funds, construct an internationalized company, and plan internal patent strategies. The attendees communicated with the guest speakers actively, and said that they benefit a lot from the Seminar. The Seminar provided a face-to-face opportunity for domestic and overseas experts to communicate. Also, it served to build a bridge for biotech enterprises in China to go into the world, as expressed by the slogan of ChinaBio.
(For details, please contact us)
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