No.51¡¡May.28, 2009 |
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Web: www.unitalen.com
E-mail: mail@unitalen.com |
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The Yonghegong Lama Temple in Beijing |
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Chinese Customs focuses on cracking down IP infringement by means of
mail and express this year
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This year, the Chinese Customs has decided that the priorities of its IP protection working plan should be to strengthen enforcements at key areas in key fields. The Chinese Customs will take special actions to crack down export goods and articles infringing IP rights, especially by means of mail and express.
Chinese Customs will mainly step up its cooperation with domestic IP enforcement authorities, including administrative and criminal enforcement departments, and judicial departments to make joint efforts to solve the complicated problems arising in enforcement activities. In addition, according to current Customs¡¯ international IP cooperation framework, Chinese Customs will greatly promote the international cooperation for IP enforcements with other Customs, and further expend cooperation with industries to expand the extent and depth of the IPR proprietors¡¯ involvement in Customs enforcements.
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The total number of registered trademarks in China amounts to 3,441,000 |
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It is learned from the press conference on China's IP Protection held by the Information Office of StateCouncil that the total amount of registered trademarks in China has reached 3,441,000.
In 2008, State Administration for Industry and Commerce (SAIC) accepted 698,000 applications for trademark registrations, among which 590,000 were filed by domestic applicants and 108,000 were filed by foreign applicants (including through Madrid International Registration of Trademarks). The number of applications approved for registration last year are 403,000 in total.
It is said that Administrations for Industry and Commerce (AIC) at all levels across the country investigated and punished 56,634 illegal activities in order to crack down trademark infringement. AICs at all levels confiscated and destroyed 19,630,000 pieces of illegal trademark representations and 22,870,000 pieces of infringing goods, and imposed fines up to a total of RMB467,400,000.
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Judicial interpretation intensifies protection for well-known trademark
and disencourages just going after well-known marks
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In order to further summarize trial experience and improve Courts' judicial protection system for well-known trademarks, the Supreme People¡¯s Court released Interpretations of the Supreme People's Court of Several Issues Concerning the Application of the Law for the Recognition and Protection of the Well-known Trademark in the Trail of Civil Cases of Trademark Infringement on April 26, 2009. This interpretation takes effect on May 1, 2009.
This interpretation is consisted of 14 Articles, which mainly covers five aspects including definition of well-known trademark, applicable circumstances, factors that shall be taken into consideration in determining a well-known trademark, burden of proof, requirements for protection. The interpretation further clarifies the trial standards, strictly controls applicable conditions and scopes, unifies judicial practices and provides a legal basis for judicial protection of well-known trademarks in handling and judging civil disputes in relation to well-known trademarks.
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¡°Rules for Recognition of Well-known Trademarks of State Administration for Industry and Commerce of the PRC¡± Released Recently |
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In order to carry out the outline of national intellectual property strategy and to promote the implementation of trademark strategy vigorously, the SAIC issued the ¡°Rules for Recognition of Well-known Marks¡± recently.
The Rules consist of five chapters, namely General Provisions, Examination and Approval of Applications for recognition of Well-known Trademarks, Review and Approval, Supervision and Legal Liabilities, Supplementary Provisions, and include 33 Articles in total.
The Rules specify in detail the factors and evidence that shall be taken into account in recognition of well-known trademarks, examination in trademark administration, opposition examination, examination and approval of review of trademark oppositions and disputes, the supervision and liabilities, etc. In accordance with the Rules, the factors ought to be considered in recognition of well-known marks include, but not limited to, the reputation of marks among the relevant public, the length of continuous use of marks, the duration, extent and geographic areas of promtion of marks, the records of protection as well-known marks, and other factors contributed to the well-know status of marks .
The Rules come into force as of the date of promulgation.
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The first Chinese Copyright Trading Center Established |
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On May 8, 2009, the International Copyright Trading Centre, located in Yongheyuan of Beijing Zhongguancun Science Park, launched its copyright trading system. As the first copyright trade center of its kind in mainland China, the Centre provides copyright proprietors with a broad platform, through which the copyright trading and project financing will become more convenient and effective.
The Centre was set up by Copyright Protection Center of China, Beijing Equity Exchange and Beijing Dongcheng District Government. Copyright proprietors of words, pictures, music, animations, films or television works are able to log on and register in the website of the Center. After preliminary examination, the broker member of the Centre will help the proprietors find proper buyers or financing capitals for the projects. Before making a deal, all the services are provided free of charge.
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Recognized Civil Judgments of Taiwan Courts shall have the same effects as those of People¡¯s Courts in mainland China |
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¡°Supplementary Provisions of Recognition of the Civil Judgments of Taiwan Counts¡± (hereinafter ¡°Supplementary Provisions¡±), enacted by the Supreme People¡¯s Court, shall take effect as of May 14, 2009.
The Supreme People¡¯s Court issued ¡°Rules of Recognition of the Civil Judgments of Taiwan Counts¡± as early as 1998. Since then, the civil judgments of Taiwan Courts recognized by People¡¯s Courts have the same effects as those legally effective judgements made by People¡¯s courts in mainland China. But in practices, some legal professionals and compatriots in Taiwan think that the validity of the civil judgments of Taiwan Courts recognized is still lower than those of People¡¯s Courts. To remove such misunderstanding, the Supreme People¡¯s Court clearly stipulates in Article 1 of the supplementary provisions that the recognized civil judgments of Taiwan Courts Shouldl have the same effects as those binding judgements of People¡¯s Courts in mainland China. The supplementary provisions explicitly state that the civil judgements of Taiwan Court that can be applied for recognition in mainland China include judgemnts made in traditional civil disputes, commercial disputes, IP disputes, admiralty disputes, and etc.
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Unitalen Attorneys At Law: being invited by SIPO to attend ¡°Youth Civilization¡± medal presentation ceremony and to make a speech |
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In the afternoon of May 4, 2009, SIPO held a ¡°Youth Civilization¡± medal presentation ceremony to mark the 90th anniversary of May 4th Movement of 1919 in Beijing. The leaders of SIPO attended the ceremony and made a speech, and also presented the medals for the two youth leagues. Unitalen Attorneys At Law (Unitalen), as a solely invited IP law firm, also attended the ceremony and made a speech on behalf of IP agencies.
As one of the largest IP law firms in China, Unitalen has developed a good relationship with SIPO through long-term cooperation.. Along with the business increase, Unitalen¡¯s communication with SIPO is becoming more and more frequent. In future, Unitalen will cooperate with SIPO more closely to make its patent business more efficient and smoother, and to provide its numerous clients with more convenient and excellent IP services.
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China Clock & Watch Association and Unitalen Attorneys At Law signed Cooperation Agreement |
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At 9 am of May 14, 2009, China Clock & Watch Association and Unitalen Attorneys At Law (Unitalen) entered into a ten-year IP cooperation agreement in Unitalen¡¯s office. The director of China Clock & Watch Association Mr. Keren Meng and the vice-president and senior partner of Unitalen Mr. Leo Li signed the agreement on behalf of the two parties to appoint Unitalen as IP counsel of China Clock & Watch Association.. Representatives from China Daily, China IP magzine, IP channel of People¡¯s Daily Online and other media as well as enterprises were present to witness the significant moment.
Unitalen began cooperation with China Clock & Watch Association in 2005. In 2007, Unitalen, as the sole IP counsel of China Clock & Watch Association, attended the Sino-Japan IP Exchange Conference with China Clock & Watch Association. The in-depth analysis and excellent argumentation of the experts from Unitalen thoroughly changed the situation that the Japanese enterprises used to criticize Chinese clock and watch industry on IP-related issues. This year, the two parties both wish to build up a long-term and in-depth cooperation to jointly promote the development of Chinese clock and watch industry in a long term.
Unitalen, as a large and influential firm in Chinese IP field, has been actively cooperating with industry associations since 2000, providing analysis of industry development trends and IP legal support for industry associations.
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Cancellation of trademark ¡°Languiren¡± lasts six years |
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The case of cancellation of ¡°Languiren¡± trademark, which received much attention from numerous tea makers, was recently concluded by Beijing Municipal Higher People¡¯s Court. On May 8, 2009, Beijing Municipal Higher People¡¯s Court in its final judgment held that ¡°Languiren¡± was a general name for a kind of tea product. Therefore, Beijing Municipal Higher People¡¯s Court finally decided to reject the appeal filed by the registrant of ¡°Languiren¡± trademark ¡°Chengmai Wancheng Tea Plant¡±, and to maintain the ruling and judgment to cancel the ¡°Languiren¡± trademark made by China Trademark Review and Adjudication Board and Beijing Municipal First Intermediate People¡¯s Court respectively. In the litigation, all the requests of the third party, Hainan Provincial Tea Association, represented by the Lawyer Yazhou Zhang and Qingkai Gui from Unitalen Attorneys At Law were fully granted .
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