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No.58¡¡Dec28, 2009
 
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Daxing'anling
 
In this issue
China Trademark Examination Period to be shortened to 10 months by 2012
Shanghai IP Service Center Establishing A Low-voltage Electrical Appliance Patent Database
Shanghai High People¡¯s Court Established the Intellectual Property Law Expert Think Tank
National Copyright Administration of China (NCAC) Will Issue the Standards on the Punishment of Online Infringements Property Strategy Compendium after Three-year Formulation
China State Council Seeks for Public Opinions on Intellectual Property Custom Protection Regulations
State Administration for Industry and Commerce (SAIC) Clarified 12 Measures on the Work Plan
Beijing Chang Ping District Amply Rewarded Hi-Tech Companies and Technicians, Unitalen Was Given the Award for Excellent Agency
 
 
 
China Trademark Examination Period to be shortened to 10 months by 2012

 
In accordance with the Working Plan issued by State Administration for Industry and Commerce (the ¡°SAIC¡±) on November 30, 2009, the examination period of Chinese trademark applications is expected to be shortened to 10 months by 2012, and the examination period of oppositions and reviews will be limited to 20 months.

For the past years, the number of trademark applications in China has been increasing by nearly 100,000 cases every year, while the examination pace of the CTMO fell behind comparatively. The serious backlog caused thereto has been greatly concerned by all circles.

According to a CTMO official, beginning from 2008, the CTMO has been carrying out a series of methods to speed up the examination paces, and has successfully shortened the examination period from three years to more than one year, which may be further reduced to less than one year by 2010, and 10 months by 2012. This will undoubtedly facilitate the development of enterprises.

 
 
Shanghai IP Service Center Establishing A Low-voltage Electrical Appliance Patent Database

 
Shanghai Intellectual Property (Patent Information) Public Service Platform and Shanghai Electrical Appliance Research Institute (Group) Co., Ltd. are cooperatively establishing a comprehensive patent database dedicated to low-voltage electrical appliances, so as to meet the requirements of users, thereby facilitating use of patent information resources by users.

The cooperation will be carried out step by step through a plurality of research projects. In the first phase which spans one year, it is planned to substantially complete the establishment of an independent patent database dedicated to low-voltage electrical appliance industry and the development of functions of comprehensive search for patent literatures, and meet functional search requirements specific to the industry by establishing an enterprise code dictionary of patentees and a product code dictionary in the low-voltage electrical appliance industry, so as to realize a database comprising the most comprehensive patent information data of multinational and domestic companies in the low-voltage electrical appliance industry and having the most convenient searching means. The cooperation project is planned to be subject to approval test on September, 2010.

 
 
Shanghai High People¡¯s Court Established the Intellectual Property Law Expert Think Tank

 
To improve the trial mechanism for intellectual property-related cases and to ensure the quality of the court¡¯s judgments, Shanghai High People¡¯s Court recently established a think tank for consultation on the IP trial techniques. 62 experts from different technical fields are listed as the members of this think tank and they are invited from prestigious universities in the country, like TsingHua University, Peking University, Fudan University, Tongji University, Shanghai Jiao Tong University and China Academy of Science etc. From now on, the experts will provide professional consultation on the technical issues in connection with lawsuits handled by the judges in all level of courts in Shanghai.

The number of the IP-related cases received by the courts in Shanghai is on the rise in recent years. The technical issues involved are more complicated and far-reaching. Frequently, the courts need the professional assistance to solve the technical disputes when judging the cases related to technologies. Among the all kinds of IP cases tried by the courts in Shanghai since 2000, 160 cases are involved in technical appraisal and consultancy.

 
 
National Copyright Administration of China (NCAC) Will Issue the Standards on the Punishment of Online Infringements

 
It's reported from the 4th China Beijing International Cultural & Creative Industry Expo that NCAC would issue the Guideline of Enforcement under the Conditions of Information Network (temporary name) at the beginning of 2010. This guideline is aiming to solve the issues in connection with the monitoring measures, standards on accepting the cases, enforcement procedure, measures on evidence collection and the punishments in the process of administrative enforcement of online copyright cases.

China's Regulations on Protection of Distribution Rights of Information Network provides that when the situation of infringing actions is "serious", the copyright administration may confiscate the computers and devices mainly used to provide the internet service; if it constitutes a crime, the infringing party will be prosecuted for its criminal liabilities according to the law. But, how serious is serious? Since there are no clear standards, the enforcement results will vary from one area to another. The forthcoming Guideline stipulates that if the website doesn't have an operational qualification or the main content is pirated, or commits the infringement in the second year after being published in the previous year, these situations are considered as serious. These new standards will uplift the inspection level and improve the efficiency of administrative enforcement of copyright of information network.

Meanwhile, China is revising the Copyright Law and will add articles regarding information distribution.

 
 
China State Council Seeks for Public Opinions on Intellectual Property Custom Protection Regulations

 
The Regulation Office of China State Council recently decided to publish the Draft Decision of the State Council on Amending the PRC¡¯s Intellectual Property Custom Protection Regulations and its Explanation in full text and seek for the public opinions.

This document amended the original version of Intellectual Property Custom Protection Regulations in six aspects, including alternation and termination of custom recordation of intellectual property rights, counter guarantee, withdrawal of the IP right holders on protection applications, auctions on infringing goods and the legal liabilities on export/import of infringing goods.

 
 
State Administration for Industry and Commerce (SAIC) Clarified 12 Measures on the Work Plan

 
To implement the Outline of National Intellectual Property Strategy and to promote China towards a strong trademark nation, SAIC recently made a trade mark work plan and put forward 12 specific measures to achieve the goal of "clearing up the backlogs in trade mark registration examination and adjudication in 3 years, improving the trade mark work to meet the international standards in 5 years".

These 12 specific measures include: to accelerate the legislative procedure and to improve the trademark law and regulations; to establish a complete and efficient trade mark examination and adjudication working system; to stick to a reasonable and stable trademark examination period; to improve the quality control system of trade mark examination and adjudication; to strengthen trademark administrative enforcements; to strengthen the registration and protection of trademarks on agricultural products and geographical indications; to strengthen the recognition and protection of well-known trade marks and famous trade marks; to strengthen trademark human resource building and management; to implement informationization construction of trademark work; to further improve the service for government departments, enterprises and the general public; to actively develop construction of a trademark culture; and to strengthen the international exchange and cooperation in trade mark field.

 
 
Beijing Chang Ping District Amply Rewarded Hi-Tech Companies and Technicians, Unitalen Was Given the Award for Excellent Agency

 
 
On December 13 2009, the Changping district held the Technology Innovation Conference to reward the individuals, enterprises and agencies for their prominent contributions to technology innovations. Deputy Mayor of Beijing Gou Zhongwen attended this conference. The awards of this conference are as high as RMB 30,400,000, which is the highest at district levels nationwide and in history. Beijing Unitalen Attorneys of Law is selected as the only excellent agency for technology innovation in Changping District and received a prize of RMB30, 000.

Intellectual property protection plays a very important role in the technology innovation. Changping district actively promotes the technology development and attaches great importance to intellectual property protection. To better protect the intellectual property rights of science-and-technology enterprises, Changping district selected IP service agencies according to a set of strict standards. As a nationwide famous agency, Unitalen is recognized by Changping Science park for its high quality service and expertise and won the prize for "Excellent Agency¡± as the only IP agency in this conference.

(For details, please contact us)