No.48 Feb.28, 2009 |
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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 Taishan in ShanDong |
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 China entered into WTO IP Agreement and will implement enforcement license to high-priced medicines |
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| It is believed that patent protection is one of the causes of the high-priced medicines which are too expensive to afford. Mr. Xintian Yin, Minister of Regulation Department of SIPO made a statement on this issue recently: “WTO has announced an important declaration at Doha Ministerial Conference as early as 2001, namely Doha Declaration on the TRIPS Agreement and Public Health, which provided for issuing compulsory patent license. In 2005, WTO members have ratified the Amendment to the WTO Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS Agreement), which needed to be further approved by the member countries. The National People's Congress (NPC), China's top legislature, already passed a bill on the approval of an amendment to the intellectual property agreement of the World Trade Organization (wafts). During the recent amendment of China Patent Law, we include some provisions in Chapter 5 for Patent Compulsory License in order to implement the changes of the WIPO’s regulations and to ensure availability of patented drugs to patients when necessary. |
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| The number of Chinese patent applications amounts to 800, 000 in 2008 |
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| According to the SIPO latest statistics, the number of patent applications received in 2008 is 828,328, up 19.4% over previous year, and the number of granted patents amounts to 411,982, a year-on-year rise of 17.1%. By the end of last year, the number of national patent applications submitted has accumulated to 4,853,506, among which 2,501,268 have been granted patent protection. An important feature is some foreign companies attached greater weight to their patent protection in China. The rapid increase in the number of granted invention patents is mainly attributed to the grant of Hi-Tech invention patents.
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| The number of China’s PCT applications ranked No.6 of the world |
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| The global PCT applications hit a record high in 2008, WIPO website reported recently. In 2005, China was among the Top 10 nations for the first time in terms of the number of global PCT applications filed. Three years later, with 6089 PCT applications in 2008, or a yearly increase of 11.9%, China rose to the No. 6 in the world. Huawei Technologies in China filed the most PCT applications in the world in 2008 and undoubtedly made a great contribution to China’s PCT application’s increase. Huawei also set up a good example for all the Chinese enterprises to enhance the competitiveness in the global market based on self-proprietary technological innovations.
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| 2009 Framework for Action on Bilateral Cooperation between SIPO and UKIPO signed |
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| The UK-China summit between Chinese Premier Wen Jiabao and British Prime Minister Gordon Brown was held in London on February 2, 2009. After the talks, SIPO Commissioner Tian Lipu and Ian Fletcher, Chief Executive of the Intellectual Property Office, signed the 2009 Framework for Action on Bilateral Cooperation between SIPO and UKIPO at the Office of the Prime Minister in London.
The Framework is signed based on the consensus of talks between leaders of SIPO and UKIPO in Beijing on January 22. The Framework covers topics including exchange and cooperation of patent, promotion and encouragement of the understanding and use of intellectual property systems in the two countries, and discussion of new measures on providing further cross training and developing cooperation. The aim of the Framework is to deepen the bilateral cooperation and encourage enterprises’ innovation capabilities.
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| The State Council: Efforts should be strengthened to protect IPRs at Shanghai Expo |
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| On February 11, Chinese Premier Wen Jiabao presided over a standing meeting to hear the report on preparation of World Expo 2010. The conference reiterated that measures should be strengthened to protect the participants’ and organizers’ intellectual property rights and the technology preparatory work shall be expedited.
Through joint efforts of Shanghai Municipal Government, all levels of governments across the country as well as central and state departments, the preparations are underway in a busy but ordering manner. Currently 185 countries and 46 international organizations confirm to attend the event.
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| Unitalen wins the lawsuit against Beijing Highsee for unfair competition due to incorrect keyword search result |
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| On December 23, 2008, Beijing No. 2 Intermediate People’s Court made a final judgment on the unfair competition dispute between Unitalen and Beijing Highsee International Intellectual Property Co., Ltd. The court dismissed the appeal and sustained the first-instance judgment. Unitalen wins a complete victory in the trials and effectively protects its legitimate rights and interests.
Case review
When Unitalen is searched in google, it directed to another competitor.In October 2008,Unitalen brought Google and 北京广立信国际知识产权代理有限公司（Beijing Highsee International Intellectual Property Co., Ltd.） into lawsuit for unfair competition. The case was concluded in Beijing Dongcheng District People’s Court.
Unitalen Attorneys at Law is a provider of legal service ranging from patent and trademark, copyrights to other intellectual property rights with over 20 subsidiaries and offices all over the country. Unitalen has been ranked as the largest legal service provider in relation to intellectual property in China and has enjoyed high reputation and goodwill. The defendant, 北京广立信国际知识产权代理有限公司(Beijing Highsee International Intellectual Property Co., Ltd) is engaged in similar services, namely, trademark agency services.In May 2008,it came to Unitalen’s attention that when the Chinese counterpart of Unitalen Attoneys at Law is input in Google, it creates a direction to the defendant’s website, which uses the same color, layout and font style as Unitalen’s homepage. The defendant’s website was even using the same slogans to which Unitalen enjoys copyright. The defendant’s activity constituted unfair competition. Unitalen initiated legal action seeking cease of unfair competition and a public apology on China Industry and
Commerce News and China Intellectual Property News together with damages and costs RMB 100,000 (approximate $14,700).
In the course of court hearing, Unitalen withdrew its claims against Google.
On October 23, 2008, the court made the first-instance decision, ordering the defendant to cease any unfair competition in its keyword ad in Google, and revise the content on its website that is identical with the plaintiff’s. The defendant shall make statement on China Intellectual Property News to eliminate negative effects caused within 30 days as of the effective date of the judgment. The defendant is also ruled to pay Unitalen RMB 100,000 in damages and reasonable expenditures within 30 days from date when the judgment takes effect.
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| Unitalen wins the “LAN GUI REN” case in the first instance |
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| “LAN GUI REN” is a generic term for Oolong Tea with aroma, which is popular in the area of Fujian, Yunan, Guangdong and Guangxi. Cheng Mai Wan Chang Kuding (llex latifolia) Tea Plantation, an enterprise in Hainan filed a trademark application of the Chinese counterpart of “LAN GUI REN” on April 9, 2002 and subsequently took raid actions against other tea producers for “counterfeiting LAN GUI REN tea” in Hainan and other places. Hainan Provincial Tea Association filed cancellation application against the trademark and the TRAB made the decision to cancel the mark. Cheng Mai Wan Chang Kuding (llex latifolia) Tea Plantation, the registrant of the dispute mark initiated an administrative litigation by listing the TRAB as defendant and Hainan Provincial Tea Association as the Third Party. Acting as attorneys of Hainan Tea Association, Yazhou Zhang and Qingkai Gui from Unitalen attended the court hearing after an elaborate preparation. Beijing No. 1 Intermediate People’s Court refused the plaintiff’s claims and upheld the TRAB’s decision.
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