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No.69¡¡Nov.28, 2010
 
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In this issue
China launches special action against IPR infringement
China¡¯s Copyright Protection is above Average Line - Said by WIPO officials
China¡¯s Legislation Authority Voted to Pass the Law of Application of Law for Foreign-related Civil Relations of the People¡¯s Republic of China
China Writer¡¯s Association Cooperates with Beijing Higher Court to set up Copyright Dispute Mediation Board
Taiwan Affairs Office of the State Council: Mainland Will Accept Requests as of November 22, 2010 for Priorities of Patents Submitted By Taiwan Compatriots
Unitalen Attorneys At Law Collaboratively Held Patent Auction Fair to Explore New Mode of Circulation of Science and Technology Production
 
 
 
China launches special action against IPR infringement

 
On 19th October, 2010, Premier Wen Jiabao presided over the executive meeting of the State Council in Beijing, during which it was decided that starting from the end of October, 2010, the government will launch a six-month special action against (IPR) infringement and manufacturing and selling of counterfeit and shoddy goods.

The meeting stressed that this special action should focus on the protection of copyright, trademark right and patent right in key fields such as news publication, cultural entertainment, hi-tech and agriculture, and target against key areas such as manufacturing centers and regions with frequent IPR infringement problems. The meeting requires that all localities, departments and units must strictly enforce the laws, severely deal with the cases relating to the infringement, counterfeiting and piracy, expose the enterprises violating the relevant laws and regulations and accordingly establish a good environment of IPR protection.

 
 
China¡¯s Copyright Protection is above Average Line - Said by WIPO officials

 
The copyright protection situation in China is better than in many other countries, Dimiter Gantchev, Director of the Creative Industries Division in the World Intellectual Property Organization (WIPO) said at the ¡°Cultural & Creative Industry and City Branding¡± International Forum (2010) held on November 21, 2010. According to him, in the survey conducted by WIPO in 15 countries, the copyright industry accounts for approximately 5% to 6% of GDP which could also provide about 6% of the country¡¯s work opportunities, whereas China¡¯s copyright industry covers 6.4% of GDP and provide 6.5% of country¡¯s jobs.
 
 
China¡¯s Legislation Authority Voted to Pass the Law of Application of Law for Foreign-related Civil Relations of the People¡¯s Republic of China

 
The Law of the Application of Law for Foreign-related Civil Relations of the People¡¯s Republic of China(hereinafter referred as to the ¡°LALFCR¡±),which was voted through at the 17th session of the Standing Committee of the 11th National People¡¯s Congress on October 28, 2010 shall come into force on April 1, 2011.

This Law has is enacted in order to define the application of laws concerning foreign-related civil relationship in such fields as marriage and family, inheritance, intellectual property rights, etc. With full respect to Chinese and foreign parties¡¯ disposing right to civil rights, empowering the parties the right to choose the laws applicable to foreign-related civil relationship, the Law made certain mandatory provisions on the application of laws.

The law has drafted out through research on the relevant provisions of China, Germany, Switzerland, Japan and other legal documents of EU and Hague Conference on Private International law.

 
 
China Writer¡¯s Association Cooperates with Beijing Higher Court to set up Copyright Dispute Mediation Board

 
The founding ceremony of the Copyright Dispute Mediation Board set up by China Writer¡¯s Association and Beijing Higher People¡¯s Court was held in Beijing, October 26, 2010.

There are mainly four cooperation mechanisms:

1. To set up professional copyright consultancy mechanism. The Association sets up a copyright consultant tank consisting of renowned writers, critics, senior editors, IPR experts and lawyers. Beijing Higher Court may consult experts from the tank when dealing with copyright cases concerning literal work.

2. To establish a mechanism of assisting mediation and settlement of copyright disputes. The Association sets up a Copyright Dispute Mediation Board and Beijing Higher Court invites Board members to participate in the mediation process.

3. To establish democratic supervision mechanism. Beijing Higher Court invites experts from the Association to supervise the trial work, and seeks experts¡¯ advice and suggestions on a regular basis.

4. To set up legal support mechanism. The Association may consult the courts for questions relating to the copyright protection of literal work, and hold seminars together with court. The court may appoint experienced judges to introduce relevant legal knowledge and cases.

It is reported that copyright disputes increased dramatically in recent years. Among the 15,000 IPR related cases accepted by court in 2009, more than half are related to copyright.

 
 
Taiwan Affairs Office of the State Council: Mainland Will Accept Requests as of November 22, 2010 for Priorities of Patents Submitted By Taiwan Compatriots

 
Intellectual Property Protection Cooperation Agreement Across the Taiwan Straits already came into effect as of September 12, 2010. The concerned authorities of the mainland agreed to accept requests as of November 22, 1010 for priorities of applications for patents, trademarks, and new plant varieties submitted by Taiwan compatriots.

FAN Liqing, the spokeswoman from Taiwan Affairs Office of the State Council, announced the above information at the routine Press Conference held on November 10, 2010. She mentioned that, in order to implement every arrangement in the Agreement as soon as possible for the sake of benefits of compatriots across the Taiwan Straits, Association for Relations Across the Taiwan Straits and Taiwan-based Straits Exchange Foundation arranged communication and exchange visits between respective departments in charge, which performed communication about related technical problems in implementation of the Agreement and reached consensus.

As announced by FAN Liqing, the concerned authorities of the mainland agreed to accept requests as of November 22, 1010 for priorities of applications for patents, trademarks, and new plant varieties submitted by Taiwan compatriots, and relevant regulations will be promulgated soon. Moreover, once the department in charge of copyrights of the mainland completes the relevant procedures, Taiwan Association for Copyright Protection can start to handle services for authentication of audio and video products of Taiwan entering the mainland market.

According to FAN Liqing, after the signature of Cross-Strait Economic Cooperation Framework Agreement, the departments in charge of intellectual properties of both sides continue to promote the industry groups across the Taiwan Straits to hold intellectual property forums, and the 4th Cross-strait Trademark Forum and the 3rd Cross-strait Copyright Protection Forum were already held subsequently in September 2010 and October 2010. A Cross-strait Patent Forum and a Variety Right Protection Seminar will be held in Taiwan in December 2010.

 
 
Unitalen Attorneys At Law Collaboratively Held Patent Auction Fair to Explore New Mode of Circulation of Science and Technology Production

 
 
In the afternoon of October 26, 2010, Institute of Computing Technology of Chinese Academy of Sciences held a press conference of the First Fair of Patent Auction in the Building of China Technology Exchange, announcing that a large-scale Patent Auction Fair will be held on December 16, 2010. In the Fair 324 patents related to more than ten technical application fields such as intelligence and information, wireless communication, integrated circuits, information safety, internet of things, high-performance computation and so on will be publicly auctioned for attracting investment (a plurality of these patents are auctioned without base prices)

Entrusted by the Institute of Computing Technology of Chinese Academy of Sciences, China Technology Exchange, ICT Computing Technology Transfer Center (Haidan, Beijing), Beijing Guoxinxingye Auction Ltd., and Unitalen Attorneys at Law collaboratively held the Patent Auction Fair. Dr. LI Deshan, Vice-president of Unitalen Attorneys at Law, attended the press conference.

As a nation-widely famous firm specialized in Intellectual Property, Unitalen Attorneys at Law made a lot of specialized contributions in evaluating, selecting, classifying and ascertaining the legal states of more than 300 patents involved in the auction fair, and ensured smooth progress of the auction fair.

It is learned that, among the patents which are publicly auctioned for attracting investment at the Patent Auction Fair, most are patents for invention, and more than 20 ones are patents related to standards.