No.71¡¡Feb.28, 2011 |
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| The Hukou waterfalls of the Yellow River |
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 Drafted Revision of Anti-unfair Competition Law Submitted by SAIC |
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| 17 years has past since the last revision of Anti-unfair Competition Law known as ¡°Constitution of market economy¡±. Recently, SAIC (State Administration for Industry and Commerce of the People¡¯s Republic of China) completed drafting the revision of Anti-unfair Competition Law and submitted it to Legal Affairs Office of State Council.
With the rapid development of social economy, the forms of unfair competition have changed accordingly, leaving the Anti-unfair Competition Law formulated and enacted in 1993 calling for revision.
Experts involved in the revision disclosed the key points of the revision include how to define the law enforcement body and to maintain the unification of law enforcement, and how to strengthen the administrative penalty by defining new forms of unfair competition under the new situations.
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| Supreme Court: Clear Criteria are available for Measuring Penalty against IP Infringement conducted via Information Network |
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| SPC (the Supreme People¡¯s Court of the People¡¯s Republic of China), SPP (the Supreme People¡¯s Procuratorate of People¡¯s Republic of China) and MPS (the Ministry of Public Security) issued Opinions on Several Issues on the Application of Laws in Handling Criminal Cases of IP infringement recently, giving clear guidance on the applicable laws for criminal cases of IP infringement. On Jan. 11, News Office of State Council held a news conference to introduce relevant information.
Xiong Xuanguo, vice president of SPC, indicated that one key point of the Opinions is to define the criteria for convicting and measuring penalty against the crime of spreading infringing works through information network based on the amount of illegal business operations, the numbers of works spread, the click rate of works, and the numbers of registered members, etc. Suggestions was executed to effectively protect intellectual property and used as a specific and definite legal basis for combating crimes of infringing intellectual property via information network.
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| Over 1.07 Million Chinese Trademarks Applications filed in 2010 |
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| According to SAIC, the number of China¡¯s trademark application in 2010 reached 1.072 million. As of the end of 2010, China¡¯s trademark applications added up to 8.295 million, registered trademarks to 5.628 million and effective registered trademarks to 4.604 million, all ranking first in the world.
It is learned that China received totally 154 thousand trademark applications extended through Madrid International Registration, ranking first in the world for 6 consecutive years, while the applications for Madrid international registrations of trademarks filed by domestic applicants added up to 11.415 thousand ranking first among developing countries.
Also in 2010, 1.481 million trademark applications were examined by China Trademark Office, with the trademark examination period shortened to less than one year by the end of 2010. The backlogging of trademark examination focused on at home and abroad was thoroughly resolved. The trademark authorities will continue to improve the trademark examination efficiency by further shortening the examination period for new applications to 10 months and for opposition and dispute cases to 20 months by the end of 2012.
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| Over 40 Thousand IP related Civil Cases were concluded in 2010 |
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| Recently, China Supreme People¡¯s Court (SPC) issued 2010 Report on People¡¯s Courts¡¯ Trial Execution, in which it was pointed out Chinese courts at various levels concluded 41.718 thousand IP related civil cases in 2010 with a annual growth of 36.74%. Also in 2010, SPC enacted 20 judicial interpretations and 58 directive opinions, making greater efforts in juridical supervision and direction. |
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| China Leaps Into Global Top 4 In Terms Of International Patent Application |
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| On Feb. 9 in Geneva, WIPO (World Intellectual Property Organization) indicated that the number of China¡¯s international patent applications has grown dramatically compared with the last year, and China has ranked fourth among the countries producing international patent applications.
The data disclosed by WIPO on the same day reveals the number of international patent applications filed by China under the Patent Cooperation Treaty dramatically increased from 7900 in 2009 to 12,339 of the last year, with an increase rate of 156.2%.
There are 2 Chinese enterprises that ranked in global top 10 in terms of international patent applications. One of them, ZTE, soared up to the 2nd from 20th in 2009 with its 1,863 international patent applications; and the other, Huawei, ranked the 4th with its 1,528 international patent applications.
WIPO pointed out the international patent applications in Northeast Asia presents a trend of powerful growth and the area is becoming a driving force leading global growth. Besides China, Japan and Korea respectively has a growth rate of 107.9% and 120.5% in terms of international patent applications.
In accordance with the data published by WIPO, in 2010, the top 4 countries of international patent applications are the USA (44,855), Japan (32,156), Germany (17,171) and China successively.
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