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No.85 Dec26, 2012
 
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Scenery of Guilin, Guangxi
 
In this issue
P.R. China Signed Anti-monopoly Memo with European Commission
P.R. China, Japan and South Korea Decided to Strengthen Cooperation in Order to Reduce the Patent Disputes
Sino-ROK FTA Negotiation Contents Will Cover the Field of Intellectual Property
Chinese Procuratorate Approved to Arrest total 12,782 Suspects Involved in 6,959 Cases of IPR Infringement and Counterfeiting Crimes from January to September
SIPO: Five Patent Offices Shall Continuously Improve Quality and Efficiency of Examination to Meet the Urgent Needs of Global Innovators
Registration Amount of Software Copyright in P.R. China Attained Nearly 60,000 in the First Half of Year 2012
Electronic Application Rate of Patents Attains 80% in the First Nine Months of 2012
Apple Inc. Took the Lead to Apply "ipad.中国" and Other Domain Names
Ashland Inc.'s Trade Secrets and Patent Infringement Dispute Was Listed on Annual "Top Ten" Cases
Unitalen Forum 2012: Focus on Intellectual Property Development and Strategy
Beijing Vice Mayor Chen, Gang Visit Unitalen Attorneys at Law
 
 
 
P.R. China Signed Anti-monopoly Memo with European Commission

 
A few days ago, delegation of State Administration for Industry & Commerce of P.R.C signed Sino-EU "Memorandum of Understanding on the Cooperation in Anti-monopoly Law Field with European Commission in Brussels, Belgium.

Vice President of European Commission and EC member in charge of Competition Policy Affairs, Joaquin Almunia pointed out that the signing of this memorandum of understanding will further enhance the good relationship between the EU and China's anti-monopoly law enforcement agencies and has injected new impetus for Sino-EU cooperation.

Under the memorandum of understanding, two sides will carry out exchanges in the following aspects: exchange on the progress of competition legislation and law enforcement experience, exchange experience in promoting the operation of completion law enforcement agencies of both sides, exchange on multilateral competition and cooperation activities, exchange experiences on how to enhance legal consciousness of companies and the public regarding Competition and Anti-monopoly Law, exchange views and experiences on the coordination mechanism of the China-EU technical cooperation in the field of competition law. If the law enforcement activities of the two sides involve the same or related matters, the two sides can exchange non-confidential opinions on the matters, exchange experience and point of view and even directly coordinate their enforcement activities respectively.

 
 
P.R. China, Japan and South Korea Decided to Strengthen Cooperation in Order to Reduce the Patent Disputes

 
According to news released from Korean Intellectual Property Office (KIPO), the “12th Meeting of Directors of ROK, P.R. China and Japan Intellectual Property Offices" was held on November 7 in Wuxi, China. Three countries reached a consensus on preventing patent disputes in the region, strengthening cooperation with ASEAN member countries, and decided to set up a Patent Examination Experts Commission, to accelerate discussion on unified patent system and to strengthen joint examination of patents, etc. From the next session, “Meeting of Directors of Korea, P.R. China and Japan Intellectual Property Offices " will allow intellectual property user groups to participate in order to reflect the demand in the region. The Director of Korean Intellectual Property Office (KIPO) said that 50% of global patent applications were handled by ROK, P.R. China and Japan, trilateral cooperation is an important East Asian platform for the development of global intellectual property system , and disputes will be reduced by strengthening cooperation in the future.
 
 
Sino-ROK FTA Negotiation Contents Will Cover the Field of Intellectual Property

 
On November 1, Ministry of Foreign Affairs and Trade (MOFAT) FTA negotiation representative Mr. Choi Kyung-lim said that China and South Korea held Sino-ROK FTA Fourth Preparatory Work Meeting during October 30-November 1 in Kyung City in ROK. On the meeting, Sino-ROK experts in the field of intellectual property reached an agreement on including the field of intellectual property into FTA negotiation. This Preparatory Work Meeting decided to establish a working group to discuss basic principles and technical issues of negotiations since the 5th Preparatory Work Meeting.

Sino-ROK FTA Fifth Preparatory Work Meeting will be held in China, Ministry of Commerce of P.R.C Yu, Jianhua (Assistant to Minister) and Choi Kyung-lim of ROK will attend the meeting as chief representatives of the two countries.

 
 
Chinese Procuratorate Approved to Arrest total 12,782 Suspects Involved in 6,959 Cases of IPR Infringement and Counterfeiting Crimes from January to September

 
On October, 31, it was learned from relevant departments of the Supreme People's Procuratorate that Chinese national Procuratorate approved to arrest in total 12,782 suspects involved in 6959 cases of IPR infringement and counterfeiting crimes from January to September this year, with the year-on-year increase of 44% and 46% respectively; and initiated public prosecution cases of 10,693 involving 18,696 suspects, with the year-on-year increase of 167.5% and 150.3% respectively; at the same time, 146 major cases were listed on supervision board.

The severity of IPR Infringement and counterfeiting crimes relates to dereliction of duty and favoritism of some of the staff of state institutions. In response to this situation, Procuratorate attached particular importance to the investigation and handling of related duty crimes. From January to September this year, China's Procuratorate according to law decided to arrest 9 suspects indulging production and sales of fake and shoddy goods and initiated prosecution against 23 persons. China's national Procuratorate decided to arrest 17 people and prosecute 64 suspects suspected for crime of not transferred criminal case involving practice of favoritism; and decided to arrest 86 persons and prosecute 163 suspects suspected for helping criminals to avoid punishment, among them, infringement and counterfeiting accounted for a considerable proportion.

The person in charge of Investigation and Supervision Office of the Supreme People's Procuratorate of PRC said that China is in rapid development stage of economy and intellectual property legal system and working mechanism needs to be further improved. Procuratorate will further establish and consummate working mechanism and take great efforts to bring criminal justice for IPR protection to a new level.

 
 
SIPO: Five Patent Offices Shall Continuously Improve Quality and Efficiency of Examination to Meet the Urgent Needs of Global Innovators

 
On October 22, Fourth Seminar of Patent Examiners of Five Patent Offices sponsored by State Intellectual Property Office of P.R. China (SIPO) was held in Beijing. Patent examiners from European Patent Office, Japan Patent Office, Korean Intellectual Property Office (KIPO), United States Patent and Trademark Office as well as State Intellectual Property Office of P.R. China (SIPO) participated in the seminar. Tian Lipu, director of SIPO, introduced cooperation status of five patent offices. He said that five patent offices bear about 80% of patent examination tasks of the world, which requires five patent offices to continuously improve examination quality and efficiency in order to meet the urgent needs of global innovators.

Tian, Lipu pointed out that patent examiners’ work is full of challenges, they need to constantly understand innovation activities and continuously expand their knowledge. In addition, examiner also needs to communicate with counterparts in other countries and deepen their mutual understanding in order to improve the quality of patent examination. Seminar of Patent Examiners of Five Patent Offices provides a platform for patent examiners from five patent offices to learn from each other by communication and interaction, and thus improves the quality and efficiency of patent examination so as to achieve the purpose of enhancing understanding and mutual trust.

As one of the key activities under Five Patent Offices cooperation basic program “common training policy”, the Fourth Seminar of Patent Examiners of Five Patent Offices is initiated by "Patent Personnel Education department of SIPO and jointly held by International Cooperation Department, Examination Business Management Department and China Intellectual Property Training Center. During the seminar, representatives of Patent Examiners of Five Patent Offices will discuss four topics including retrieve, prior art, novelty and creativity.

 
 
Registration Amount of Software Copyright in P.R. China Attained Nearly 60,000 in the First Half of Year 2012

 
It is learned from CPCC (Copyright Protection Center of China) that in the first half year of 2012, China has completed over 58,300 software copyrights registrations and registration amount of nearly 60,000, with a year-on-year growth of 30.56%. Among them, software related to cloud computing, IOT (The Internet of things) and other emerging technologies continues the rapid growth in the registration amount in 2011, a total of 905 cloud computing software were registered, with a year-on-year growth of over 2 times, 380 IOT software were registered, with an year-on-year increase of 119.65%.

In addition, CPCC (Copyright Protection Center of China) recently released Analysis Report on Software Copyright Registration in 2011, which can serve as a reference for macro-control and decision-making of government administration and provides the basis for domestic and international software business decisions and market analysis as well as provide guidance for banks and other financial institutions to choose investment objects. Commissioned by SIPO, CPCC also compiled Analysis Report on Software Copyright Mortgage Registration in 2011, which analyzes the constraints on environment of software copyright mortgage financing policy and on mortgage financing; and brings forward relevant proposals on developing software copyright mortgage financing. Therefore, this report objectively and comprehensively reflects basic status of software copyright mortgage financing in China.

 
 
Electronic Application Rate of Patents Attains 80% in the First Nine Months of 2012

 
In the first nine months this year, national patent electronic application rate has reached 80.1 percent; provincial electronic application rate and electronic application rate by patent agency have reached as high as 80% and 95% respectively in seven provinces including Jiangsu, Yunnan, Sichuan, Guizhou, Fujian, Liaoning, Hunan in China. This demonstrates that electronic application has become increasingly favored by both patent applicant and patent agency.

Related statistics show that by the end of September this year, there are 830 patent agencies doing patent agency business, among which 812 patent agencies have submitted electronic applications, 654 patent agencies have realized electronic application rate of 100%; there are 8 provinces and cities have achieved electronic application rate of over 80%; patent agencies in 21 provinces, autonomous regions and/or municipalities have realized electronic application rate of 95%.

 
 
Apple Inc. Took the Lead to Apply "ipad.中国" and Other Domain Names

 
According to Registration Rule of “English / Digital.中国" Domain Name Priority Registration and Priority Upgrading, from October 15, “English / Digital. cn" domain name holders will be given priority to upgrade and register English / Digital.中国", priority upgrading period just lasts for seven days until October 23. In the previous cybersquatting period, Apple Inc. has taken the lead to apply "ipad.中国", "iphone.中国", "ipod.中国", "apple.中国" and other domain names of many independent trademarks and brands in order to avoid the risk of cybersquatting in the subsequent priority upgrading period.
 
 
Ashland Inc.'s Trade Secrets and Patent Infringement Dispute Was Listed on Annual "Top Ten" Cases

 
During December 7-December 9, 2012, Forum on China Lawyer Intellectual Property Practice & Tenth Annual Meeting of All-China Lawyers Association Intellectual Property Committee was held in Chongqing. Appraised by experts at the meeting, this year's national "Top Ten" intellectual property cases were announced. This year's national "Top Ten" intellectual property cases were elected in line with following standards: 1. The Case shall have great social impact or typical jurisprudence significance in this year; 2. put forward initiative point of view among similar cases or leading to legislation amendment (including judicial interpretation and administrative rules); and 3. exhibit creative work and professional theoretical level of attorneys and the whole picture of facts in the case.

Among them, the case of trade secrets and patent infringement dispute between Ashland Group and Beijing Response-Chem Specialty Chemical Technologies Co., Ltd. represented by Li Yongbo and Kong Fanwen from Unitalen Attorneys at Law was elected as one of the annual "Top Ten" Case. Other elected cases include trademark infringement disputes between Apple Inc. and Proview Technology Co., Ltd., etc.

Ashland case highlights the growth in China courts’ efforts in intellectual property protection and professional expertise in trial. Tthe courts accepting Ashland cases, Suzhou Intermediate People's Court and Beijing First Intermediate People's Court exhibited excellent professional expertise and dedication spirit.

In addition, the case also demonstrated the expertise of Beijing Unitalen Attorneys at Law for difficult and complicated cases. In this case, Ashland Company’s in-house counsel and technical staff, United States outside attorneys and attorneys from Unitalen Attorneys at Law formed a professional litigation team, members of which are in close cooperation and full communication with each other, and thereby provided an important guarantee for finding the relevant facts and achieving a satisfactory outcome of the case.

 
 
Unitalen Forum 2012: Focus on Intellectual Property Development and Strategy

 
During October 25- October 26, 2012, 2012’ Unitalen Intellectual Property Forum was successfully held in Beijing Broadcasting Tower Hotel, the forum was jointly organized by Unitalen Attorneys at Law, Unitalen IPR Management Consulting Co., Ltd., over 150 representatives from more than 100 well-known enterprises of various industries participated in the forum.

This forum brought together multi-faceted experts’ opinions of judges, patent consultants, patent appraiser, senior patent and trademark attorneys, providing suggestion on the direction for the company IPR development in global market, enabling the company to focus on IP mapping, consulting and strategic development with basic IP insight.

With the rising of China’s market, Chinese enterprises showed a more pronounced internationalization trends and continuously expand their market and services outward. In this economic context, IP has become a required course of Chinese enterprises: how to map reasonable patents and trademarks overseas, how to make IPR strategy in match with company development strategy, as well as how the company benefit from IPR consulting and other emerging issues. It has crucial importance for the development of enterprises.

At this time, we specially invited judges from the Supreme People's Court of China to make an in-depth presentation for nowadays patent litigation hotspot and difficult problems, and deeply analyze some problems in details in layman's language in combination with trial practice and thereby referred to many countermeasures for enterprise in case of being sued.

 
 
Beijing Vice Mayor Chen, Gang Visit Unitalen Attorneys at Law

 
In the morning of October 19, 2012, accompanied by Wang, Hong, Beijing Intellectual Property Bureau Director, etc., Chen Gang, Beijing vice Mayor, and his fellow paid a visit to Beijing Unitalen Attorneys at Law. Deputy Director of Unitalen Attorneys at Law Li, Lei accompanied the tour investigation.