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No.83¡¡Aug 28, 2012
 
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In this issue
Method for Priority Review and Management of Invention Patent Application to be Implemented on 1st August
Beijing Treaty on Audiovisual Performances Officially Signed
Publication of Second Draft of Copyright Law (Draft of Amendment)
China and the United States Signed Data Exchange Agreement
Supreme Court requires further accomplishment of the judicial protection system for technological achievements such as patents, etc.
Sino-Russian Patent Prosecution Highway£¨PPH£©pilot programme to be started on 1st July
The Sino-US technology transaction center will be set up in Shenzhen
The third patents auction by China Technology Exchange officially started
 
 
 
Method for Priority Review and Management of Invention Patent Application to be Implemented on 1st August

 
A few days ago, China's State Intellectual Property Office published Method for Priority Review and Management of Invention Patent Application. As introduced, under the basic principle of reviewing by sequence, the Method has built a rapid review-approval channel for important patent applications of strategic emerging industries and green technologies that have important economic and social influences and considerable inventive height, and it will be conducive to further accelerate the commercialization of research findings, cultivate and develop strategic new industries and green technologies. China's State Intellectual Property Office will perform priority review for invention applications complying with requirements at the request of applicants; it will issue the first office action within 30 working days from the approval date of priority review request, and will close the case within one year. The Method will be officially implemented on 1st August this year.

The Method has made detailed provisions on the scope of invention patent applications that could be subject to priority review, that is, important patent applications relating to technical fields of energy conservation and environmental protection, new generation of information technology, biological and high-end equipment manufacturing, new energy, new material and new energy vehicle etc. and low-carbon technology and conservation resources etc. that are beneficial to green development; first application in China on the same topic applied for the first time in China and then designated to other countries or regions; other patent applications that of significance in terms of national or public goods and have to be reviewed with priority. However, for applications under Patent Prosecution Highway (PPH) and EU-China cooperation agreement and other bilateral or multilateral cooperation agreements by China's State Intellectual Property Office and patent review institutions in other countries or regions, the priority review matters of patent application shall be handled according to relevant agreements and this Method is not applicable.

According to requirements of the Method, the invention patent applications requiring priority review must be submitted in electronic form and shall be started with substantive review procedures. The applicant has to submit relevant materials of Petition for Priority Review of Invention patent Application to handle priority review procedures, and the allotted time for the applicant to reply the review notice is two months. If the applicant fails to reply within the allotted time, the State Intellectual Property Office will stop the priority review and will deal with it as general applications.

 
 
Beijing Treaty on Audiovisual Performances Officially Signed

 
On 26th June, the diplomatic conference on the protection of audiovisual performances by the World Intellectual Property Organization was closed and Beijing Treaty on Audiovisual Performances was officially signed.

Since the opening of the conference on 20th June, 721 representatives from 202 delegations have, through a series of constructive work on qualification review and clauses amendment etc., made the international treaty for the protection of the rights of audiovisual performers after more than ten years¡¯ negotiations. Francis Gurry highly praised Chinese government for its contribution to the diplomatic conference on behalf of the World Intellectual Property Organization.

As the first international intellectual property treaty entered in China, the treaty has endowed performers of audiovisual works such as films with the rights to legally permit or prohibit others from using their performance. After this, rights of reproduction and issurance etc. enjoyed by voice performers such as composers, lyrics writers and singers etc. will also be enjoyed by film actors and other performers of audiovisual works.

 
 
Publication of Second Draft of Copyright Law (Draft of Amendment)

 
On 6th July, the National Copyright Administration of China issued the Copyright Law (the second draft of amendment), and publicly sought opinions from the all sectors of the community from 6th July to 31st July. Compared with the copyright law (draft amendment) published on 31st March, the second draft provided positive response to the controversial problems including legal permission about record production and collective management organizations¡¯ extended management and further specified provisions on performers¡¯ rights by referring to Beijing Treaty on Audiovisual Performances.

It is learnt that the amendment of the copyright law has attracted wide concerns and discussions from all social circles. By 31st May, the National Copyright Administration of China has received more than 1£¬600 opinions and suggestions from all social circles. The amendment this time deleted three clauses of the original draft, added three clauses thereto and changed 48 clauses, in which, 27 clauses were subject to content change and 21 clauses were subject to words change.

 
 
China and the United States Signed Data Exchange Agreement

 
On 6 June, the Chinese Intellectual Property Office and the United States Patent and Trademark Office signed Sino-U.S. data exchange agreement during the French Corsica conference of IP5 heads of Office. Tian Lipu, director of Chinese Intellectual Property Office and David Cobbs, director of the United States Patent and Trademark Office signed the agreement on behalf of the two sides. Party concerned said that official signing of the Sino-U.S. data exchange agreement will improve and enhance the retrieval capability of examiners of both sides and provide a new way for the public to access the two sides¡¯ intellectual property information.

According to the agreement, the Americans can obtain patent information of China from the website of the United States Patent and Trademark Office in the future. On the other hand, the Chinese Intellectual Property Office can also offer American property information to Chinese via the official website and Chinese local service center of patent information. After the signing of the agreement, the two bureaus both expressed their willingness to further cooperate in the aspects of patent data sharing, etc.

 
 
Supreme Court requires further accomplishment of the judicial protection system for technological achievements such as patents, etc.

 
It is informed from the Supreme People¡¯s Court on 24th July that recently the supreme law issued Opinions on giving full play to the role of judicial functions to provide judicial protection for deepening reform of science and technology systems and speeding up the construction of the national innovation system. According to the Opinoins, we should input more efforts to protect the intellectual achievements, encourage independent innovation and technology leapfrogging, further improve the judicial protection system for patents and other technological achievements and reference standards based on the facts and features of original innovation, integrated innovation and subsequent innovation of digestion and absorption.

The advice stresses that we should legally carry out its judicial duty regarding grant and affirmation of patent rights, improve the judicial quality and efficiency of the patent grant and affirmation,encourage inventions; strengthen the judicial protection of industrial design, inspire the designers¡¯ passion to create, promote profound changes of Chinese industrial design and manufacturing standards; clear the attribution of technological achievements by law, which encourage the employees¡¯ enthusiasm for technological innovation, on the other hand, encourage enterprises to increase investment in researching and enhance the social creativity; deal with the relationship between patent and standard properly to realize their mutual development and virtuous cycling and improve the core competitiveness of innovation.

The Opinions points out that we should stop unfair competition and monopolistic behavior in the field of science and technology, create a fair and orderly environment for innovation, promote the rational allocation and efficient use of innovating resources, strengthen judicial protection for trade secrets, safeguard the legal order for innovation, increase the efforts to protect agricultural and technological outcome and promote innovation in relation to agriculture. We should strengthen judicial protection for trademarks in technological fields, bring to full play the well-known brands¡¯ cohesion and integration power o innovative resources; increase the efforts to protect copyright in the field of technology and business, promote the development of technological innovation, cultural innovation and new industry, exercise judicial functions in the field of technology, create the environment to promote technological innovation and fully exercise penalty and punishment against intellectual property crime.

The Opinions stresses that we should promote rational allocation of innovation element, promote the connection between technology and development of economy and society, handle the technologyl contract disputes, turn scientific and technological achievements into practical productivity, and deal with emlpoyment disputes in the field of technology, guarantee reasonalbe flow of talents in technology, handle the corporate reconstructuring and bankruptcy disputes in technological field, optimize the mechanism of innovation, properly handle financial disputes in technological field, promote financial support on technological innovation and the disputes out of technological field to promote the international cooperation and exchange in technology.

 
 
Sino-Russian Patent Prosecution Highway£¨PPH£©pilot programme to be started on 1st July

 
According to Memorandum of understanding of Property Office of the People¡¯s Republic of China and Russian Federal Intellectual Office on the patent examination of highway pilot, PPH pilot programme will be launched on 1st July, 2012. And this is a significant achievement of bilateral cooperation of China and Russia.

PPH refers to that if the Patent Office (OFF) to which the applicant submits the first application believes that at least one claim may be granted, then as long as the follow-up requests can meet certain conditions, the applicant can require the OSF to speed up the follow-up applications, based on the work results of OFF.

The Sino-Russian PPH pilot project includes both conventional PPH and PCH-PPH. Then applicants can request PPH at SIPO according to Process of PPH in the project of PPH pilot project or request PPH at ROSPATENT according to Request to POSPATENT by the process of PPH under the Russian- Sino PPH pilot project. The trial period of the programme is one year, which ends on 30th June, 2013.

The start of the Sino-Russian PPH pilot programme plays a positive role to promote implementation of the national intellectual property strategy, support enterprises and other market players to obtain patent overseas as soon as possible.

The applicants who request PPH to the Property Office of China, can visit http://www.sipo.gov.cn/ztzl/ywzt/pph/ to know relevant requirements; the applicants who request PPH to the Property Office of Russian Federation, can visit http://www.rupto.ru/mejd_sotr/sod/pph/PPH.html to know relevant requirements.

 
 
The Sino-US technology transaction center will be set up in Shenzhen

 
Shenzhen United Equity Exchange announced on 29th June that it has held a signing ceremony with the Ocean Tomo company of United States for the joint Sino-US technology transaction center and the joint development and established Sino-US intellectual property index in Chicago. The Sino-US technology transaction center will act as an operational platform , conducting business mainly in relation to technology trading, technology-capital docking services, intellectual property consultant services and investment service regarding enterprises with advanced intellectual property rights, etc.

According to relevant officer at Shenzhen United Equity Exchange, through the Sino-US technology transformation center, they will establish a technology-capital global trade network, in order to fully absorb foreign advanced concept and successful experiences, vigorously introduce the excellent professional agencies to Shenzhen for innovative service, set up the international technology transfer platform with the concept of "science-technology& financial & service" , built up a center of prospective, high-end and service for concentration, transaction and allocation of technologies, so as to realize an innovative technology transaction mode for combined technology and capital.

 
 
The third patents auction by China Technology Exchange officially started

 
Entrusted by the computing technology research institution of the Chinese Academy of Sciences Institute (CAS), Unitalen Attorneys at Law, China Technology Exchange and Beijing Haidian ICT-TTC jointly hosted the serial activities of the second patent auction of CAS computing institution and third auction of CTEX, during which offers and bidding transactions are sought for more than 240 patents (including standard patent, no bottom price patent). The patents for auction covers applicational information calculation technology patents in fields like the Internet, integrated circuit, human-computer interaction, Internet of things, video processing, network security and management and the next generation Internet. The auction will be held during the period from July to November, adopting bidding ways of multiple regions and media like "on-site auction", "network dynamic quotation", " on-site network bidding".

According to the third patent auction organization arrangement, the auction will launch nationwide promotion activities in the near future. The promotional areas will include information industry intensive areas like Zhejiang, Fujian, Guangdong, Liaoning and other areas. They will walk into the high-tech zones, closely communicating with the enterprises, promoting the auction target and introducing the related matters.

After the promotion activities, the lead host will choose areas of concentrated demands to hold on-site auctions from October. More details at www.ctex.cn