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No.84ĦĦOct28, 2012
 
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In this issue
China and EU Signed Memorandum of Cooperation for Enhancement of Anti-Unfair Competition
The Number of Patent Applications Submitted to Europe from China Increase over 30% in the Recent 5 Years
Ministry of Commerce: Intellectual Property Rights Recognized by Over 90%Chinese Public
The Revised Procedures of Administrative Reconsideration of State Intellectual Property Office will be in Force from September 1.
The Chinese iPad Trademark has been Officially Transferred to Apple
Unitalen was Elected as Vice-Chairman Unit of China Trademark Association in its Third Council Conference
 
 
 
China and EU Signed Memorandum of Cooperation for Enhancement of Anti-Unfair Competition

 
Recently, China's Ministry of Commerce has signed a Memorandum of Understanding with European Commission in Brussels, reaching an agreement to enhance cooperation in the field of Anti-unfair competition.

The Memorandum covers cooperation in terms of laws, regulations, supervision and technology of both parties concerned; the supervisory objects include monopoly companies, unfair agreements and misuses of dominance in the marketplace.

The Memorandum signed by both parities indicates that, as the second largest trade partner of European Union, China is gradually enhancing its cooperation with European Union in the field of anti-unfair competition. Under the cooperation framework, both parties will carry out discussion on relevant laws and regulations and exchange ideas on survey information.

 
 
The Number of Patent Applications Submitted to Europe from China Increase over 30% in the Recent 5 Years

 
Recently, it is reported by Allgemeine Zeitung that at present 7% of the patent applications accepted by European Patent Office are from China and over the recent five years, the number of patent applications from China to European Patent Office has increased over 30%.

It is said in the report that currently China is no longer a processor confined for cheap processing; instead, its innovation capability in scientific research emerges. Friedrich Roeder, the director general of Austrian Patent Office, expressed his view that not only China is quickly enhancing its innovation strength, countries like Japan, America, Korea, Israel are also exceeding Europe in this respect. About 30% of the patent applications submitted in Europe are from China, Japan and Korea.

 
 
Ministry of Commerce: Intellectual Property Rights Recognized by Over 90%Chinese Public

 
It is shown by data from Ministry of Commerce that at present, the recognition of intellectual property rights by the public of China has exceeded 90%. And 80% of interviewees acknowledge the importance of intellectual property rights to enterprise development, and more than half of them oppose piracy, which shows that the awareness and quality of the public in intellectual property rights is increasing as time goes by.

It is revealed from Ministry of Commerce that, over the past four years, each of its departments has made efforts in promotion and popularization of knowledge of intellectual property rights through publication, media reports, specific trainings and schooling so that the awareness of respecting and protecting intellectual property rights be gradually accepted in people's minds.

Compared with 2007, the national court system accepted 68,022 cases on intellectual property rights in 2011, an increase of 200%; the national procuratorial organizations accepted and heard and applied for arrest 4,370 cases on intellectual property rights infringement, an increase of 200%; customs detained 18,000 batches of importing and exporting goods infringing intellectual property rights, an increase of 140%; the state industry and commerce system has investigated and handled 79,000 cases of violation of trademark law, an increase of 57%; the national offices of intellectual property rights handled 3,017 cases on patent, an increase of 75%. In particular, during the Ħ°specific action periodĦħ by the State Council in striking down intellectual property right infringements and manufacturing/selling counterfeits, the protection of intellectual property rights was taken seriously and effectively prevented collective, repeated and servere infringements from happening.

 
 
The Revised Procedures of Administrative Reconsideration of State Intellectual Property Office will be in Force from September 1.

 
It is leant from State Intellectual Property Office that the revised Procedures of Administrative Reconsideration of State Intellectual Property Office (hereunder referred as the Procedures) will be put into effect on September 1. The Procedures of Administrative Reconsideration of State Intellectual Property Office issued on July 25, 2002 by State Intellectual Property Office will be repealed at the same time.

Certain responsible officer from Division of Treaty and Law of State Intellectual Property Office expresses that the number of provisions in the revised Procedures is increased from 32 to 35. In 3rd provision of the revised Procedures, the responsibilities of administrative reconsideration by Administrative Reconsideration institutions of State Intellectual Property Office increases from 5 items to 9 items; the 4th provision summarizes and enlarges the scope of administrative reconsideration applications, and meanwhile specifies that some of administrative actions by the Paten Reexamination Board is also subject to patent administrative reconsideration by stipulating that administrative reconsideration can be sought for relevant patent reconsideration and invalidation procedure decisions made by the Patent Reexamination Board of State Intellectual Property Office, which provides more remedies for the applicants for reconsideration and invalidation request. Besides, in order to further improve the procedures on paten reconsideration, adjustments have been made to corresponding regulations of Chapter 2(Scope of Administrative Reconsideration and the Participants), Chapter 3 (Application and Acceptance), Chapter 4 (Hearing and Decision), and standardize relevant legal terms.

It is introduced that the Procedures were made by State Intellectual Property Office in 2002 under the Law of Administrative Reconsideration of the People's Republic of China. The purpose of this revision of the Procedures is to implement the Regulations on Administrative Reconsideration effective since 2007 and to work with relevant regulations in the third revision of the Patent Law and its Implementation Rules .

 
 
The Chinese iPad Trademark has been Officially Transferred to Apple

 
Recently, Trademark Office of State Administration for Industry & Commerce of the People's Republic of China has issued the 1321 trademark announcement.The announcement shows that the trademark iPad possessed by Shenzhen Proview has been officially transferred to Apple Company at the end of July, approved by Trademark Office of State Administration for Industry & Commerce.

It is reported that the Ħ°iPadĦħ trademark case in China has lasted for two years, and it has been settled this early July for that Apple Company pay 60 million US dollars to gain iPad trademark right in China. On July 2, Shenzhen Intermediate People's Court also sent the written Order for transferring iPad trademark to Apple Company and the Notice for Assistance in Execution of Order to Trademark Office of State Administration for Industry & Commerce

 
 
Unitalen was Elected as Vice-Chairman Unit of China Trademark Association in its Third Council Conference

 
At the forthcoming annual meeting of China Trademark, China Trademark Association held its third Council conference in Kunming, Yunnan, on September 2, 2012, when Unitalen Attorney at Law was elected as vice-chairman unit thereof.

Unitalen has experienced rapid development in over ten years, which also witnessed the progress of Chinese trademark system. Unitalen now has become one of the largest IP agencies in China, with reasonable institutional framework, improved docketing processment , tailor-made services as well as top-level hardware and software, all of which guarantee the high quality of IP services. For 11 consecutive years, its performance in trademark application ranked first among all agencies in China, which won reputations and praises for Unitalen. The election of Unitalen as vice-chairman unit of China Trademark Association also indicates its popular recognition in the profession.