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No.76¡¡July.28, 2011
 
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In this issue
European Patent Office Received 13,000 Patent Filings from China
The State Intellectual Property Office of China Has Launched a Patent Examination Quality Complaint Platform
Antimonopoly Enforcement Authorities of China and US Sign a Memorandum of Understanding on Cooperation
JAGUAR Awarded 6.08 Million Yuan damages in a Trademark Infringement Case
 
 
 
European Patent Office Received 13,000 Patent Filings from China

 
Raimund Lutz, Vice-President Directorate-General of the European Patent Office (EPO) recently announced in Beijing that EPO received 13,000 patent filings from China in 2010, up 96% compared with those received in 2008, showing Chinese Government¡¯s increasing efforts in protecting intellectual property rights.

It's at the closing ceremony of the EU-China Intellectual Property Project (Stage II) (IPR2) that Raimund Lutz issued the announcement. It was said by Raimund Lutz that, during IPR2, China¡¯s organs for intellectual property rendered positive efforts to achieve success of IPR2.

In 2007, the Chinese Government and the European Commission (the ¡°EC¡±) jointly invested EURO 16.275 million for the implementation of the IPR2 Project which lasts 4 years (ending in 2011), wherein EC invested EURO 10.85 million and China invested EURO 5.425 million. The Ministry of Commerce of China is the organ to implement the project on behalf of China, and the European Patent Office is the organ to implement the project on behalf of the EC.

 
 
The State Intellectual Property Office of China Has Launched a Patent Examination Quality Complaint Platform

 
According to the State Intellectual Property Office (the ¡°SIPO¡±), for the purposes of comprehensively collecting complaints and opinions on quality of patent examination from the public and continuously improving the quality of patent examination, the SIPO has established a Patent Examination Quality Complaint Platform (hereinafter referred to as ¡°Platform¡±), which was already formally put in use on July 22, 2011. The website of the Platform is: http://sczlts.sipo.gov.cn.

As introduced by the SIPO, the public may login the Platform as a registered user or anonymous user to make complaints on quality with respect to issues concerning quality of examination arising from complete flow of a patent examination such as acceptance of patent filings, preliminary examinations on three kinds of patents, examinations as to substance of patents for inventions, reexaminations, examinations on invalidation, and handling of issues.

As introduced by a responsible person from the SIPO, complaints on quality of examination can neither replace examination opinions in response to relevant patent filings nor replace initiation of relevant legal proceedings. If anyone is unsatisfied with a decision or specific administrative act made by the Patent Office and the Patent Reexamination Board of the SIPO, he/she shall, within the specified time limit, legally make a request for reexamination or a request for invalidation, or file an application for administrative reconsideration, or institute a lawsuit with the People¡¯s Court .

 
 
Antimonopoly Enforcement Authorities of China and US Sign a Memorandum of Understanding on Cooperation

 
In recent days, with an aim to strengthen the cooperation between China and US in the area of antimonopoly, China¡¯s three antimonopoly enforcement authorities (the National Development and Reform Commission, the Ministry of Commerce, and the State Administration for Industry and Commerce) and two US counterparts (the Ministry of Justice and the Federal Trade Commission) jointly signed the Memorandum of Understanding on Antitrust and Antimonopoly Cooperation between China and US.

According to the MOU, the antimonopoly and antitrust enforcement authorities of China and the U.S. shall promptly notify each other of their respective competition policies and important developments in antimonopoly enforcement, and exchange experiences on enhancing the awareness of enterprises, other government agencies, and the public in the policies and laws concerning competition.

 
 
JAGUAR Awarded 6.08 Million Yuan damages in a Trademark Infringement Case

 
Jaguar Cars Limited Company (the ¡°Jaguar¡±) who is famous for its car brand ¡°JAGUAR¡± recently instituted a lawsuit with Zhejiang Hangzhou Intermediate People¡¯s Court against five defendants alleged to have infringed on its exclusive right to the trademark of ¡°JAGUAR¡± and Jaguar¡¯s animal figure by using them on clothes, bags and suitcases, and perfumes, and was awarded damages of 6.08 million Yuan in the first instance judgment.

It¡¯s reported that sine 1992, Jaguar obtained exclusive rights to the trademarks of ¡°JAGUAR¡± and Jaguar¡¯s animal figure in on leather products, clothes, eyeglasses, neckties, etc. in China and put them into use on such goods. By January 2009, authorized distributors of leather products branded ¡°JAGUAR¡± had started boutiques in Shanghai, Beijing, and other cities in China.

Since June 2007, Jaguar discovered that the defendants, including Hangzhou Jiage Clothing Co., Ltd., Guangzhou Hengma Trade Co., Ltd., and Hangzhou Lima Trade Co., Ltd., had sold large amount of infringing goods in many cities in China, causing enormous economic losses to Jaguar. In January 2009, Jaguar filed a lawsuit with the Court and request a judgment ordering all defendants cease the infringement actions, destroy the infringing goods and trademark labels, indemnify Jaguar for its economic losses and reasonable expenses totaled 6.38 million Yuan, and at the same time an ex officio transfer of the domain name of www.jaguarcn.com registered by Hangzhou Jiage Clothing Co., Ltd. to Jaguare.

After two court sessions, Zhejiang Hangzhou Intermediate People¡¯s Court affirmed that five defendants infringed Jaguar¡¯s right and supported most of Jaguar¡¯s claims.