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No.64¡¡Jun.28, 2010
 
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In this issue
China Lowers the Threshold for the Filing of IPR Criminal Cases
China¡¯s Patent Examination Work Recognized by WIPO
Two Years after Implementation, IP Strategy Yields Outstanding Achievements
Patent Soar During 30 years of WIPO Membership
Italy GUCCI Wins IPR Lawsuit in China
Unitalen, Together With Intellectual Property Office of Guangdong Province Aided Primary Students in Poverty-Stricken Areas
Unitalen partner Gu Ping invited to Visit the Chief Justice of Federal Circuit Court of Appeals and Had Discussions on Sino-US Intellectual Property Rights
 
 
 
China Lowers the Threshold for the Filing of IPR Criminal Cases

 
One May 18, the Supreme People's Procuratorate and the Ministry of Public Security of the PRC jointly issued the Provisions of the Supreme People¡¯s court and the Ministry of Public Security on Filing and Prosecution of Criminal Cases Governed by Public Security Authorities (¢ò)£¨hereinafter referred to as ¡°Provisions (¢ò)¡±, providing standards on establishment and prosecution of 86 types of economic criminal cases governed by the economic crime investigation department of the Public Security Authorities. It also make further specification for the case establishment and prosecution standards on intellectual property criminal cases and for the first time stipulated that any behavior of counterfeiting over two patents of others and with over 100,000 Yuan¡¯s turnover or over 50,000 Yuan¡¯s gains should be established and prosecuted, which is lower than the former provisions.
 
 
China¡¯s Patent Examination Work Recognized by WIPO

 
On May 19, James Pooley, Deputy Director-General of World Intellectual Property Organization (WIPO) was invited by the State Intellectual Property Office (SIPO) as the first official visit, and held talks with leaders of relevant departments. During the talk, Mr. Pooley spoke highly of China's patent examination work.

Mr. Pooley said that WIPO and SIPO have established fruitful cooperation in the past years and will go on fostering the bilateral friendship and cooperation in the future. The SIPO, as the Patent Application Receiving Office of PCT, the International Searching Authority and the International Preliminary Examining Authority, received high praise from Mr. Pooley for its patent examination works, especially for the work done on quality control and efficiency improvement. Especially, it enhanced the professional proficiency and ensured efficiency and quality by taking a series of effective measures as rapid growth of patent applications. He pointed out that the SIPO has made remarkable achievements in the field of patent examination, setting a successful example for the WIPO Member state,

 
 
Two Years after Implementation, IP Strategy Yields Outstanding Achievements

 
June 5 this year marks the 2nd anniversary of the releasing of the Outline of the National Intellectual Property Strategy. China made great progress in implementation of IP strategy through unified efforts of community for the past two years.

In 2009, 54 laws and regulations on IPR were formulated or revised, 82 policy strategies promulgated, 24 enforcement actions to protect intellectual property rights carried out, and 28 public service platforms established.

The creation ability and command ability in IPR on the part of market entities have been significantly improved. Despite the impact of international financial crisis, the applications of IPR remain growing fast. In 2009, the number of patent applications received by the SIPO was 977,000, increasing 17.9% compared with last year; The total of 582,000 patents were granted in the year, increasing 41.2% to the previous year, and the number of trademark registration applications was 830,000, with the increase of 18.9% year on year.

Protection of intellectual property rights is continuously strengthened. Remarkable achievements were made in the aspects of perfecting the rules and regulations concerning patent, trademark, copyright, customs protection for intellectual property rights and improving law enforcement level. According to statistics, public security departments solved 1,624 cases concerning intellectual property rights infringements; People's Procuratorates across the country approved arrest of 2,119 suspects in 1,256 criminal cases involving violations of intellectual property rights; Local courts heard and concluded 30,509 civil first trial cases and 5,832 criminal cases concerning infringement of intellectual property including 5,832 persons sentenced guilty; Administrations for Industry and Commerce at all levels across China investigated and prosecuted 51,000 cases of trademark infringements; Customs across the country tracked down 65,000 batches of imported and exported goods suspected of violating intellectual property rights.

 
 
Patent Soar During 30 years of WIPO Membership

 
June 3 marked the 30th anniversary of China¡¯s membership in the World Intellectual Property Organization (WIPO). Since China became the 90th member of WIPO on June 3, 1980, remarkable achievements has been made for the past three decades.

Through continuous efforts, the SIPO has grown into one of the world¡¯s top five Intellectual Property Offices. The number of PCT applications totaled 7,946 over 2009, ranking No. 5 in the world. Meanwhile, the number of patent applications and granted patents maintained fast growth, up to April, the total number of patent applications received by the SIPO was 609,5949, about 203,7742 of which were invention patent applications, and 336,9718 have been granted.

By the end of 2009, 7.22 million trademark applications had been filed with 4.27 million registered, as annual trademark applications soared to 830,000, and all three figures rank first in the world. The Trademark Office of the State Administration for Industry and Commerce has received 142.800 applications for territorial extensions. Annual extension applications filed under the Marid International Registration of marks have topped the worldwide list for five consecutive years. Chinese companies or individuals filed 9,721 applications for Madrid International Registration, annual applications rank eighth for five consecutive years in the world but rank first in developing countries.

Since 1980, China has signed all WIPO copyright treaties. Legal system is further modernized and copyright-related industries grow stronger. Registration of computer software has skyrocketed since Software Copyright Protection Action was carried out. In 2009, the total number of software registrations reached 70,965, a 49.75% increase over the previous year. Software sales increased from 480 million billion Yuan to 900 million Yuan last year.

 
 
Italy GUCCI Wins IPR Lawsuit in China

 
The leading luxury goods supplier based in Italy, Gucci, has won its intellectual property right (IPR) lawsuit in China.

Gucci, as early as 1980s, is the owner of Chinese trademark registrations for the ¡°GUCCI¡± marks designated on the goods of ¡°clothing, shoes, hats, socks, ties and bags, wallets, etc. The ¡°GUCCI¡± marks were listed in the ¡°Protection List of Key Trademarks¡±.

In April 2009, Gucci found that Ningbo Outlets Company used ¡°GUCCI¡± as trade name and trademarks at a retail shop of "North Shore Wealth Center" and its company web site as well. In late October last year, Gucci lodged a lawsuit before Ningbo Intermediate People's Court, requesting Ningbo Outlets immediately stop trademark infringement activities and unfair competition and make a compensation of 50,000 Yuan for monetary losses.

The court held that the defendant, without authorization of the plaintiff, used ¡°GUCCI¡± marks at one of its retail shop with an obvious intention of taking free ride on the high reputation of famous ¡°GUCCI¡± brands, which is likely to cause confusion in the relevant public.

Meanwhile, the defendant¡¯s ambiguous advertising message make the public believe that its goods are of the same quality and fashion as GUCCI¡¯s, which resulted in losses of the plaintiff's interests and constituted unfair competition. According to the actual situation of the case, the court handed down the verdict that Ningbo Outlets should immediately stop unfair competition against Gucci and compensate 50,000 Yuan to the Italy company.

 
 
Unitalen, Together With Intellectual Property Office of Guangdong Province Aided Primary Students in Poverty-Stricken Areas

 
 
Unitalen Guangzhou Branch has carried out the action of aiding students in the poor rural mountainous areas for many years aiming to help children there have a happy childhood and a better future.

May 29 marked the 10th anniversary of the ¡°Unitalen Loving Education Aid Action¡±. Responding to the call for poverty alleviation from Intellectual Property Office of Guangdong Province, staff from Unitalen Guangzhou branch, in the rain, went to Qinxing Primary School, Zijin county, Heyuan City to make donation.

In the playground surrounded by green mountains and under national flag, a simple ceremony was held. Unitalen Guangzhou Branch donated a large number of school desks and chairs, LCD PCs, entertainment products to the students to create a good learning environment for them. Working Group on Poverty Alleviation of Intellectual Property Office of Guangdong Province, together with Qinxing Primary School jointly awarded Unitalen the banner of ¡°Public-Spirited and Loving Education Aid¡±.

During interactive activities, Unitalen staff distributed Children's Day gifts, learned more about children's learning, life and family situations, and told them that Education Aid Action not only provides material and financial assistances, more important, it teaches children to relay loves, to establish the concept of self-improvement, to study hard and grow healthy and strong, and to make great contributions to change the poverty and backwardness of their hometown in the future.

 
 
Unitalen partner Gu Ping invited to Visit the Chief Justice of Federal Circuit Court of Appeals and Had Discussions on Sino-US Intellectual Property Rights

 
 
On the morning of June 7 U.S. local time, Unitalen partner Gu Ping, invited by Randall R. Rader as the first guest after his promotion to Chief Justice, visited the Circuit Court of Appeals and participated his first court trial.

President Ronald Reagan appointed Judge Rader to be the Judge of the United States Claims Court in 1988. President George Bush nominated him to be the Judge of the Federal Circuit Court of Appeals f in 1990. On May 31, 2010, Judge Rader was promoted to the Chief Justice of the Federal Circuit Court of Appeals. As the authority of American legal profession, Judge Rader enjoys high reputation in the United States.

Gu Ping, as an American patent agent as well as an attorney, has experiences of more than ten years in intellectual property litigations, including litigation filed before the federal court and 337 litigation conducted by United States International Trade Commission (ITC). She has gained the trust of clients both domestic and aboard and also become known to the US court judges.

In the ¡°ITC Litigation and the Enforcement Summit On Section 337¡± held in February, New York, Ms. Gu¡¯s enlightening speech was impressive to the judges. During this visit, Gu Ping also had in-depth discussions with Judge Rader on the Sino-USIP judicial practices.

Despite his busy work on duty, Judge Rader introduced Gu Ping to visit the hall of the court trial, the judge collegiate Room, the new office of Chief Justice and other facilities, he also made a specific introduction to the latest intellectual property cases of America. Subsequently, Judge Rader and Gu Ping had a lunch, during which they talked about the situation and development of intellectual property laws. Judge Rader visits China at least twice every year. This year, he is going to visit China in November and expected to meet again with Ms. Gu Ping and exchange communications on the development of Sino-US IP laws.