If this email does not display correctly,
please click here.
NO.92¡¡Sep.28, 2013
 
Subscribe   
 
Contact us  
 
7Th/8Th/11Th Floor,Scitech Place, 22 Jianguo Menwai Ave.,Beijing 100004,P.R.China
T: +8610 59208888
F: +8610 85110966 85110968
Web:www.unitalen.com
E-mail:mail@unitalen.com
 
     
     
     
Beijing Olympic Park
 
In this issue
China-Canada and China-Singapore Patent Prosecution Highway (PPH) Pilot Program Launched on September 1
16,000 ¡°Free-riding¡± Cases Investigated during the 2nd Quarter Nationwide
State Administration For Industry and Commerce: 800 Bad Faith Trademark Registration Cases were Rejected or Revoked
Copyright Service Management Experience Shared at the China-Korea Copyright Seminar
Inclusion of Article by Unitalen Attorneys as Excellent Papers to the All-China Patent Attorneys Association in Fourth Intellectual Property Forum Essay Contest
Visit to Unitalen by Examiner Delegations from Japan, Korea and Singapore Accompanied by the State Intellectual Property Office
Unitalen Tops in Intellectual Property Professional Articles Published in Professional Journals during 2012
International Trademark Association Successfully Held Customs Practice Forum
 
 
 
China-Canada and China-Singapore Patent Prosecution Highway (PPH) Pilot Program Launched on September 1

 
The China-Canada and China-Singapore Patent Prosecution Highway (PPH) pilot was launched on September 1, 2013. This pilot exists in accordance with Memorandum of Understanding between The State Intellectual Property Office and the Canadian Intellectual Property Office¡¯s Patent Prosecution Highway Program. It will also involve Memorandum of Understanding between the State Intellectual Property Office and Intellectual Property Office of Singapore¡¯s Patent Prosecution Highway Pilot Program.

The PPH refers to cases where the Office of First Filing (OFF), to which.an applicant submits his application, thinks that at least one of the claims applied can be granted. So long as the relevant second filings meet certain conditions, the applicant may request the Office of Subsequent Filing (OSF) to expedite the review of the subsequent filings.

By then, an applicant can raise a PPH request with the State Intellectual Property Office (SIPO) - or the Canadian Intellectual Property Office ¨C or the Intellectual Property Office of Singapore according to relevant processes. These two project pilots will last for two years and end on August 31, 2015.

 
 
16,000 ¡°Free-riding¡± Cases Investigated during the 2nd Quarter Nationwide

 
Recently it was learnt from State Administration for Industry and Commerce that since the administration began to implement the special enforcement action in fighting against ¡°free-riding¡± in 2nd quarter this year, in total 16,100 ¡°free-riding¡± cases have been investigated and handled in the whole country with case value reaching 0.348 billion Yuan and total fine amount reaching 0.142 billion Yuan, including 236 cases transfered to judiciary for assessment of criminal liabilities.

It is said that, the passing-off of well-known (famous) trademarks accounted for 67% while cases of passing-off exclusive names, package and dress of well-known commodities accounted for 20%. Other cases involving unfair competition by causing market confusion accounted for 8%, and cases of passing-off the names of well-known enterprises accounted for 4%. Meanwhile, online ¡°free-riding¡± cases amounted to 1%. When calculated on ¡°case value¡± basis, the proportions of the above items were 62%, 14%, 12%, 10% and 2%, respectively.

In light of the statistics above, the officer responsible at the State Administration for Industry and Commerce informed that cases of passing-off well-known (famous) trademarks remain the main form of unfair competitive behaviors of ¡°free-riding¡±, while in terms of case volume, case value, and fines, such cases accounted for more than 60% of all cases.

 
 
State Administration For Industry and Commerce: 800 Bad Faith Trademark Registration Cases were Rejected or Revoked

 
On September 9th, it is learnt from the State Administration for Industry and Commerce that the Trademark Office and Trademark Appeal Board of the State Administration for Industry and Commerce have accepted and heard about 800 cases concerning illegal possession of unregistered trademarks of others, free-riding on reputation of registered trademarks, bad faith squatting of public resources, applying trademarks of others in large volumn or repeatedly, and other cases disrupting trademark registration and management. They were all rejected, disapproved, or revoked in accordance with law. These steps are hoped to help curb such behaviors.
 
 
Copyright Service Management Experience Shared at the China-Korea Copyright Seminar

 
On September 5th, the 9th China-Korea Copyright Seminar was held in Qingdao. It was centered around the theme of China-Korea copyright public services and collective management cooperation prospects. The work content and results from copyright public services and collective management from both countries were shown at the convention. Both countries also developed inter-governmental talks on topics like the revision of copyright laws, and the operation of copyright industry financing platforms.

Yu Cike, Director of the Copyright Management Division at National Copyright Administration made a speech at the seminar. He said that the China-Korea Copyright Seminar had become a main platform for the two countries to cooperate and exchange copyright information and that the seminar provided a comprehensive service mechanism for integrating copyright protection investigations, settling copyright disputes, promoting copyright businesses and other important matters. Kim Ki-Hong, Copyright Policies Officer at the Korea Tourism Department opined that the Korea -China cooperation and efforts will benefit the people from both countries, assist them in enjoy spiritual and cultural products and establish a healthy environment that ensures the protection of IPRs.

 
 
Inclusion of Article by Unitalen Attorneys as Excellent Papers to the All-China Patent Attorneys Association in Fourth Intellectual Property Forum Essay Contest

 
The Fourth Intellectual Property Forum Essay Contest was held recently. It was hosted by the All-China Patent Attorneys Association. An article contributed by Wang, Ling from Unitalen Attorneys at Law titled Thinking on Reply to Office Action about Claims unsupported by Description. This article was selected as an outstanding paper by the Review Committee. She was also invited to personally participate in the All-China Patent Attorneys Association Annual Conference & the Fourth Intellectual Property Forum.

The All-China Patent Attorneys Association Annual Conference & the Fourth Intellectual Property Forum has now been successfully held for four years. At each Forum, articles by Unitalen attorneys have been selected as outstanding papers. Some of the winning authors are also invited to speak during the forum. The Essay Contest inspired many Unitalen attorneys to actively participate and to show their own theories and academic styles.

 
 
Visit to Unitalen by Examiner Delegations from Japan, Korea and Singapore Accompanied by the State Intellectual Property Office

 
In the afternoon of September 10th, ten examiners from Japan, Korea and Singapore visited Unitalen. They were accompanied by Guo Daping, Chief of the International Training and Exchange Division of Human Resource and Education Department of the State Intellectual Property Office. Yu Zehui, the Director of Unitalen, and heads from all patent departments, patnet attorneys and docketing personnels received and discussed with the visiting delegation.

Every year, the State Intellectual Property Office holds an International Cooperation Program for Training Examiners. During the program, examiners, related departments and organizations from all over the world would meet and communicate with each oter. As a well-known Chinese agency, Unitalen has been chose as a visiting location for the training program.

With the increasing number of patent applications handled by Unitalen, Unitalen is urgent in need to understand the latest foreign prosecution system, which will not only help in answering clients¡¯ inquiries, but also in regulating the working procedures assigned to attorneys and docketing personnels. The face-to-face communication with examiners from three countries provided an excellent opportunity for promoting understanding among the attorneys and examiners.

 
 
Unitalen Tops in Intellectual Property Professional Articles Published in Professional Journals during 2012

 
Recently, China Intellectual Property Rights magazine and Shanghai Intellectual Property Institute released Statistical Report of China IPR Professional Articles in 2012 in which Unitalen ranked the first among the intellectual property professional service organizations publishing articles in professional journals in 2012 with advantageous number of 39 published articles in the professional journals..

This report is issued by Shanghai Intellectual Property Institute through one by one investigations, statistical analysis of relevant data from 28 core journals of law and 10 intellectual property professional journals in 2012 after the issuance of 2011 Statistical Report of Intellectual Property Professional Articles Publishing Status in 2012.

This report contained respective statistics and rankings on scientific research institutions, judicial systems, government sectors, social organizations, as well as corporate and intellectual property service agencies. Unitalen ranked first in terms of published articles in professional journals in 2012 among the intellectual property professional service agencies . That is the second among all units in the statistics ¨C second to the State Intellectual Property Office.

 
 
International Trademark Association Successfully Held Customs Practice Forum

 
In the afternoon of August 28, the "Customs Practice Forum", hosted by International Trademark Association (INTA) and co-organized by Unitalen Attorneys at Law, was successfully held in Unitalen¡¯s training classroom. More than 50 people from Policy & Regulation Department of General Administration of Customs, business community and lawyers gathered for a talk of development.

The Forum was chaired by Zhao Lei, partner of Unitalen, Chen Xudong, Director of Policy and Regulation Department of General Administration of Customs, Huang Jianhua,Deputy Director of Intellectual Property Law Division of General Administration of Customs, Qi Ming from IPR Branch of Regulations Office of Beijing Customs, and Huang Weidong from IPR Branch of Regulations Office of Guangzhou Customs attended as guests. Chen Min, the chief representative of INTA China and Zu Kan, Deputy Director of Unitalen Attorneys at Law, also attended as representatives of the host and co-organizer respectively.

After a brief introduction, officials from the customs made a detailed presentation and interpretation to the participants on different focuses of specific practices, and launched in-depth discussion and exchange of opinions with them. Firstly, Chen Xudong - Director of Policy and Regulation Department of General Administration of Customs introduced the basic situation of the Customs in recent years, the attitude to resolutely crack down IPR infringement and international cooperation,,etc. from a macro perspective. In interaction with Mr. Chen, representatives of businesses and lawyers took the chances to raise problems and express confusion in practice from the perspective of owner¡¯s rights. Mr. Chen listened carefully and gave patient and meticulous answers in light of the overall situation of the Customs and individual cases.

Huang Jianhua - Deputy Director of IPR Division of Law Department of General Administration of Customs, mainly introduced the latest progress of the Customs and gave in depth description and analysis of common concerns like registration at customs, OEM, discovery of customs evidences and other issues, meanwhile he made a thorough exchange of views with on-site representatives of businesses and lawyers by discussing some specific cases and practical problems.

Subsequently, Qi Ming from Beijing Customs and Huang Weidong from Guangzhou Customs introduced the concrete processes, time nodes and inspection standards of the customs¡¯ work about intellectual property infringement in combination with a large number of examples and pictures from frontline. They also introduced the characteristics and manners of recent infringements as well as high-risk products and routes etc. through vivid cases. Many representatives of businesses and lawyers said that they had never had such an intuitive and detailed understanding of the customs¡¯ work in inspection and seizure of infringing products, which improved their understanding of the work of customs.

In the end, Mr. Huang Jianhua, Mr. Qi Min and Mr. Huang Weidong answered the questions put forward by representatives of businesses and lawyers and gave in-depth analysis and interpretation of some new phenomena and issues.

With the in-depth development of economic globalization today, more and more Chinese enterprises participate in the competition of international market. Chinese enterprises, from OEM to brand creation and from labor-intensive to intelligence-intensive, have withstood many challenges and tests. As international trade and exchanges become more frequent and profound, the issues of intellectual property keep coming up. The forum co-organized by INTA and Unitalen aimed at strengthening communication and contact between customs and enterprises so as to enable enterprises have in-depth understanding of the latest customs policies and regulations, and have International Trademark Association actively fulfill its role of bridge and link between the Customs and enterprises. The targeted topics, pragmatic style and success of the forum have been praised by the attendees.