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No.75¡¡Jun28, 2011
 
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Close shot of Manfeilong Pagoda, Yunnan
 
In this issue
General Administration of Customs of the People¡¯s Republic of China won the ¡°Award for the World¡¯s Best Governmental Institution against Counterfeit¡±
Law of Intangible Cultural Heritage Came into Force on June 1
The Annual Report of Legal Construction in China (2010) was Announced
The Second Patent Auction Fair will be held by China Technology Exchange
Lawyer Gu Ping was invited to speak on China International Intellectual Property Forum
¡°Unitalen¡± is elected as famous trademark in Beijing
 
 
 
General Administration of Customs of the People¡¯s Republic of China won the ¡°Award for the World¡¯s Best Governmental Institution against Counterfeit¡±

 
It is learnt that the global anti-counterfeit organization held the award-giving ceremony in Paris, France on June 8 and granted ¡°the Award for the Best Governmental Institution against Counterfeit¡± to the General Administration of Customs of the People¡¯s Republic of China to affirm its achievements in the protection of intellectual property and its working style of openness and transparency. The General Administration of Customs of the People¡¯s Republic of China is the only governmental institution to win this award.

Since the special action to crack down on infringements of intellectual property as well as the production and sales of counterfeit and shoddy commodities nationwide was carried out in October, 2010, by the end of May this year, the Customs detained about 9227 batches of infringing goods and about 5800 infringing commodities. That the special action made remarkable achievements is also an important factor for China Customs to win the award.

On the other hand, China Customs have attached importance to the cooperation with the business circles for a long time, and established strategic cooperation mechanisms in many fields including legislation discussion, enforcement training, information communication and etc. By far, the General Administration of Customs has signed the memorandum of understanding to strengthen cooperation in intellectual property with the IP right owners¡¯ organizations including Motion Picture Association of America, China Association of Enterprises with Foreign Investment Top Brand Protection Commission and etc.

It is also learned that, based in Paris, the global anti-counterfeit organization is a non-governmental organization specializing in the protection of intellectual property and anti-counterfeit work globally, .The General Administration of Customs of the People¡¯s Republic of China used to ¡°the Award of Praise and Encouragement for Governmental Institutions¡± in 2006.

 
 
Law of Intangible Cultural Heritage Came into Force on June 1

 
On June 1, The Law of the People¡¯s Republic of China on Intangible Cultural Heritage as adopted at the 19th Session of the Standing Committee of the 11th National People¡¯s Congress of the People¡¯s Republic of China on February 25, 2011, is hereby issued, and shall come into force on June 1, 2011, leading China¡¯s protection of intangible cultural heritage into the stage of having laws to go by. With the highlight of ¡°Chinese characteristics¡±, the ¡°storage¡± and ¡°protection¡± of intangible cultural heritage are distinguished; it specifies the ¡°withdrawal mechanism¡± of inheritors for the first time; forbidding the use of intangible cultural heritage in the mode of misrepresentation, derogation and etc.; it stipulates that investigation can only be made upon the approval of targets and with full respect of their customs and habits. In case of violation leading to serious consequences, punishment shall be made according to law; if the protection plan of any representative project of intangible cultural heritage is found not be implemented effectively, it shall be rectified and handled in time.

The Law of Intangible Cultural Heritage defines the scope of intangible cultural heritage and regulates the investigation behavior of intangible cultural heritage legally for the first time.

 
 
The Annual Report of Legal Construction in China (2010) was Announced

 
The Annual Report of Legal Construction in China (2010) composed by China Law Society was announced recently. It is the annual report about legal construction in China issued by China Law Society for the third time on the yearly basis. It is pointed out in the report that 48051 intellectual property cases were tried and closed in the courts at all levels, an increase of 32.96% over the same period of the previous year.

In the legislation about intellectual property, in January, 2010, the State Council issued a decision to revise Implementing Regulations of the Patent Law, and the State Intellectual Property Office released Transitional Measures for Implementation of the Revised Implementing Regulations of the Patent Law. The revised Guidelines for Patent Examination, Measures for Registration of Pledge of Patent Right, Provisions on Patent Electronic Application, Several Provisions Concerning the Filing of Patents by Taiwanese Compatriots, Procedures for the Administrative Enforcement of Laws Concerning Patents and etc. were also released successively. In February, 2010, the National People¡¯s Congress revised the Copyright Law. In March, 2010, the State Council passed a decision to revise Regulations on the Customs Protection of Intellectual Property Rights. The revision laid a good legal foundation for continuously improving China Customs protection level of intellectual property rights.

In 2010, the nationwide intellectual property office system accepted a total of 996 cases about patent infringement disputes, 17 cases about other patent disputes, and 605 patent passing-off cases.

 
 
The Second Patent Auction Fair will be held by China Technology Exchange

 
After the first Patent Auction Fair was successfully held last year, China Technology Exchange will collaborate with Beijing Guoxinxingye Auction Ltd. and Unitalen Attorneys at Law to hold the second Patent Auction Fair in October and November this year for the purpose of promoting the preliminary establishment of the transaction platform for market-oriented pricing of patents.

The Auction Fair will make attempts for new breakthroughs in many aspects based on the experience of the last Auction Fair. In the collection of subject matters, in addition to scientific research institutions, the collection will be expanded to enterprises for the purpose of cultivating enterprises¡¯ awareness about the circulation of intellectual property and mobilizing more groups in the society to get involved in the value realization of intellectual property. In addition to Beijing, the collection of subject matters will spread to the national patent technology exhibition and transaction centers in Shenzhen, Fuzhou, Changsha and Nanchang in order to ensure high efficiency and accuracy of the collection in these places.

In addition to conventional single patents and patent portfolios, the subject matters this time also include patent technology items and PCT application rights of foreign-related patents. It is expected that auction of rights of licensing of some cross-border patents will be organized in the Auction Fair.

 
 
Lawyer Gu Ping was invited to speak on China International Intellectual Property Forum

 
The second China International Intellectual Property Forum was held in Beijing on June 21 and 22. As a US IP litigation expert, Lawyer Gu Ping, partner of Unitalen, was invited to give speech on U.S. litigation strategy.

The forum was organized by the British magazine agency Managing Intellectual Property (MIP) and cosponsored by International Association of the Protection of Intellectual Property (AIPPI), Patent Protection Association of China (PPAC) and Beijing Intellectual Property Protection Association (BIPPA). Mr. James Gregg, Deputy Chief Officer of WIPO, Mr. Tian Lipu, Director of SIPO, and relevant officials from European Patent Office, United States Patent and Trademark Office and Japan Patent Office attended the forum. Besides, representatives of famous law firms and intellectual property administrators of famous enterprises from China, U.S., Japan, Europe, Russia and etc. were present at the forum and made speech. Over 300 enterprise representatives from China participated in the forum.

 
 
¡°Unitalen¡± is elected as famous trademark in Beijing

 
On June 30, good news came from Beijing Administration for Industry and Commerce that Unitalen was elected as a famous trademark in Beijing for the year 2010.

In line with the regulations of the Method of Election and Protection of Famous Trademarks in Beijing, Beijing Administration for Industry and Commerce together with relevant departments carefully reviewed trademarks, and received extensive opinions from various industrial associations, finally electing 263 trademarks including Lenovo, Baidu, Founder and etc. as the famous trademarks in Beijing, with Unitalen being the only intellectual property service institution among the elected famous trademarks.