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No.44 Sep.28, 2008
 
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In this issue
The First Patent Administrative Protest Case is finalized at SPP in China
SPC in China: Collegial Panel of Anti-Monopoly to be set up at IP courts
Progress made in China IPR Protection Action
SPC fastening the draft of judicial interpretation on the recognition and protection of well-known marks
BRAUN won damages from infringement lawsuit and highly praised Wenzhou IP Judgment
Disney won domain name arbitration
China cracked down “Fake Famous Products” fruitfully
Unitalen represents Suntech to win a complete victory for the trademark infringement and unfair competition case
IC Patent Training jointly held by Unitalen and Shanghai Integrated Circuit Industry Association
 
 
 
The First Patent Administrative Protest Case is finalized at SPP in China

 
Recently, the Supervision Court of Beijing Higher People's Court (hereinafter "the Court") announced a judgment publicly on a case protested by Supreme People's Procuratorate (hereinafter "the SPP") regarding evaluation criteria ofinventiveness. The Court affirmed the examination decision No.5528 on request for invalidation made by the Patent Reexamination Board (hereinafter "PRB")of the State Intellectual Property Office (hereinafter "SIPO"). This is the first protest case of the SPP in patent administrative adjudication.

The Court's judgment fully confirmed the views of the PRB with regards to the inventiveness evaluation criteria and the interpretation on protection scope of patent claims. It is of vital importance to the judgment of similar case in the future.

 
 
SPC in China: Collegial Panel of Anti-Monopoly to be set up at IP courts

 
The Intellectual Property Court of China Supreme People's Court (hereinafter "SPC") said that anti-monopoly cases are to be judged by intellectual property courts. SPC is to set up collegial panel at the IP courts responsible for the judgment of anti-monopoly cases. This is to reinforce the research and guidance to the civil judgment to anti-monopoly case at all the courts in China.
 
 
Progress made in China IPR Protection Action

 
During the first half of this year, the related governmental departments and units had been reinforcing IPR protection, and effectively enacted "IPR Protection Action 2008". Great progress has been made to the IPR related work.

IPR legislation has made positive progress in China: the drafts to amendment of Patent Law has been submitted to the Standing Committee of China National People's Congress (全国人大常委会); revised drafts to amendment of Trademark Law has taken shape; State-owned Copyright Management Method has been formulated; investigation and research work for the 2nd amendment of the Copyright Law has been promulgated; the draft of the Copyright Protection Method for Folk Literature and Arts has also been started.

With regard to IP enforcement, progresses can be found in cracking down piracy, standardizing market order, effective protection of Olympic IPR and heavy attack of all kinds of acts infringing IPR laws. Meanwhile, IPR judicial work is further enforced, and mechanism of IP protection is further improved.

 
 
SPC fastening the draft of judicial interpretation on the recognition and protection of well-known marks

 
China SPC is speeding the draft of judicial interpretations on the recognition and protection of well-known marks, which will be submitted to the Adjudication Board of the SPC for discussion and approval. SPC principal introduced that, based on judicial experiences, SPC mainly improved systems in three aspects: to control by law the criteria for recognition, to define the scope of judicial recognition, and to reinforce the supervision to judicial recognition of well-known marks.
 
 
BRAUN won damages from infringement lawsuit and highly praised Wenzhou IP Judgment

 
Saphice, Director of BRAUN Intellectual Property Department, and his two colleagues recently paid a special visit to Wenzhou Intermediate People’s Court to express their thanks for the Court’s justice and high efficiency in IP judgment.

BRAUNHG is a famous German manufacturer specializing in small electrical appliances such as shavers and possessing many self-innovated technologies, with annual sales amounts over 20 billion yuan.

In May, BRAUN found in Chinese market fake “BRAUN” electric shavers produced by a Wenzhou electrical appliance company. They accordingly lodged two civil lawsuits against this company to Wenzhou Intermediate People’s Court. For the trademark dispute case, the court ruled that the Wenzhou company should stop their infringement immediately and pay damages to BRAUN. In the patent dispute case, under the Court’s intermediation, the two parties finally reached an agreement. Later, with the further efforts of the judge, the Wenzhou company performed their duties in the trademark case as well.

 
 
Disney won domain name arbitration

 
 
China International Economic and Trade Arbitration Commission (CIETAC) recently made an arbitration on a domain name case that Disney Company (the complainant) win the case, and the domain name “Disneybaby.cn” registered by the defendant is of bad faith. According to Disney’s requirement, the defendant should assign the said registered domain name to Disney free.
 
 
China cracked down “Fake Famous Products” fruitfully

 
The State Administration for Industry & Commerce (SAIC) recently reported that the result of nationwide action “Cracking Down Fake Famous Products” is fruitful. According to the incomplete statistics, Industry & Commerce Administrations at all levels examined 6019 unfair competition cases in the action, valuing 412 million RMB yuan totally.
 
 
Unitalen represents Suntech to win a complete victory for the trademark infringement and unfair competition case

 
 
The appeal brought by the appellant, Zhejiang Jiaxing Suntech Technology Co., Ltd (Jiaxing Suntech) against the appellee Jiangsu Wuxi Suntech Power Co., Ltd (Suntech Power) was concluded by Changsha Intermediate People’s Court on September 3, 2008. The court dismissed the appeal and sustained the first-instance ruling by ordering the appellant to pay the appellee RMB 300,000 in damages. The court also ordered the appellant to bear the court acceptance fee RMB 8,800. “Suntech” trademark infringement and unfair competition case represented by Unitalen Lawyer Liang Yong won a complete victory.

Established in 2001, Suntech Power is a worldwide leader in the design and manufacture of innovative solar energy solutions which provides a wide variety of products from solar batteries to solar street lights. In December 2005, Suntech Power was successfully listed on New York Stock Exchange. On March 17, 2004, Suntech registered the trademark of “尚德(Suntech in Chinese)” in Class 11, which has enjoyed high reputation through long-term and extensive use and promotion.

In March 2007, Suntech Power became aware that Jiaxing Suntech produced and sold solar energy streetlights which fall in the same Class with Suntech Power’s products and it further registered “尚德(Suntech in Chinese)” as its corporate name.

In December 2007, Suntech Power authorized Unitalen to institute a lawsuit of trademark infringement and unfair competition before Changsha City Tianxin District People’s Court. Tianxin District court ruled that Jiaxing Suntech’s activities had infringed Suntech Power’s trademark right and had constituted unfair competition. The court ordered Jiaxing Suntech to pay Suntech Power RMB 300,000 in damages. Jiaxing Suntech appealed against the first-instance decision before Changsha Municipal Intermediate People’s Court. Through the lawyer’s efforts, the appellate court sustained the first-instance decision. Thus, Suntech Power finally won a favorable result for its trademark right protection.

 
 
IC Patent Training jointly held by Unitalen and Shanghai Integrated Circuit Industry Association

 
Jointly promoted by Shanghai Integrated Circuit Industry Association (SICA), Unitalen Attorneys at Law and Unitalen Shanghai Office, IC Patent Training was held in the meeting room of SICA. Dr. Luo Suhua from Unitalen Shanghai Office and Li Wenhong, partner from Unitalen gave lectures as honored guests during the training, presenting a whole picture of patent filing, patent drafting, patent search & analysis and patent infringement. The lectures were mainly on the field of semiconductor, machinery, electromechanical science and material science.

An attendance of 25 companies with a total of 50 persons participated this training, most of whom are patent engineers. The attendees made in-depth discussion on how to evaluate the quality of the patent filing document and how to exploit potential patent in R&D of IC industry. Dr. Su and Mr. Li helped the attendees to find out suitable solutions to their own patent matters by giving lectures and organizing group discussion.

This training activity got favorable reviews from the attendees. According to the attendees, the lectures combined theory with patent practice and the honored guests gave very helpful answers to every question raised.