No.95¡¡Dec.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 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Tian Lipu Attended the Meeting of Policy Dialogue among Directors of China, South Korea and Japan Intellectual Property Office |
|
|
|
Recently, the Thirteenth Meeting of Policy Dialogue among Directors of China, Japan and South Korea Intellectual Property Office was held in Sapporo, Japan. Tian Lipu, the Director of State Intellectual Property Office of China, led Chinese delegation to attend the meeting. At the meeting, the three parties informed of the latest developments of themselves, and exchanged in-depth views on cooperation in patent examination, design, automation, personnel training, patent reexamination and other areas.
At the meeting, the three parties agreed that continuous cooperation in the field of IP rights serves each other's interests, which, especially through further strengthening communication with users of the IP system, will provide more convenient and higher-quality service for Asian and global patent applicants and innovators.
After the meeting, the three Directors signed the minutes of talks and jointly issued a joint press release on "Opening of Trilateral Cooperation Website (TRIPO)", announcing the official launch of the website. It is also determined that the next meeting would be held in 2014 in South Korea.
The mechanism of policy dialogue among Directors of China, Japan and South Korea State Intellectual Property Offices was established in 2001. Since its establishment, the three Offices have carried out fruitful cooperation in the patent examination practices, automation and personnel training. |
|
|
|
|
|
Shen Changyu Has Been Appointed as New Party Secretary and Director of SIPO |
|
|
|
On December 23, 2014, SIPO held its cadre conference, when it announced the appointment and removal of Mr. Shen, Changyu and Mr. Tian, Lipu. The central government appointed Mr. Shen, Changyu as the new party secretary and director of SIPO while removing Mr. Tian, Lipu from the office of SIPO party secretary and director. |
|
|
|
|
|
Chinese and British Offices Signed a Joint Statement of Intent for PPH Pilot |
|
|
|
On December 02, the State Intellectual Property Office of China and the UK Intellectual Property Office signed the Joint Statement of Intent on the Patent Prosecution Highway Pilot between PRC State Intellectual Property Office and UK Intellectual Property Office.
In the afternoon, Tian Lipu-Director of China IP Office met with John Altee (Director of UK IP Office) and his delegation in Beijing. The two parties had an in-depth exchange of views on the Patent Prosecution Highway (PPH) and cooperation between the two offices in 2014.
Sino-British PPH pilot will be officially launched on July 01, 2014, which will become a new starting point of cooperation between the two Offices. It is reported that so far, British enterprises have submitted 24,221 applications for patent of invention in China; from January to October in 2013, the number of patent applications by British enterprises in China has reached over 1,500 cases. |
|
|
|
|
|
China -USA Patent Prosecution Highway (PPH) Pilot Be Extend Indefinitely
|
|
|
|
The State Intellectual Property Office of PRC and the United States Patent and Trademark Office started the Patent Prosecution Highway (PPH) Pilot on December 01, 2011, lasting for one year. On December 01, 2012, the two Offices decided to extend the pilot, which were terminated on November 30, 2013.
According to the joint decision, from December 01, 2013, the PPH pilot will be extended indefinitely, the requirements and processes of submitting PPH in the two offices will not change.
|
|
|
|
|
|
The case of QuanYou trademark infringement and unfair competition represented by Unitalen got 14 Million Yuan for Damages |
|
|
|
Recently, the case of trademark infringement and unfair competition adjudicated by QuanYou Furniture Co., LTD. against Foshan QuanYou Sanitary Ware Co., LTD. and Liu Zhiliang (the defendants), where the plaintiff was represented by Unitalen Attorneys at Law, won in the first instance by Shandong High People's Court. According to the judgment, the defendant - QuanYou Sanitary Ware of Foshan was ordered to pay damages to QuanYou Furniture in the amount of 14 million Yuan, which is the case with the maximum compensation in similar domestic lawsuits following the "Great Wall Wine Case¡± (being paid more than 10 million Yuan) and "Yamaha Case" (being paid more than 80 million Yuan).
Due to the complexity of the case and huge amount of damages, with examination and cross-examination of the parties, by applying the ¡°Trademark Law¡±, the ¡°Anti-unfair Competition Law¡± and relevant judicial intepretations, and after strict court investigation and full discussion of the collegial bench and the judicial committee, Shandong High People's Court,found that the use of by Foshan QuanYou Sanitary Ware Co., LTD. infringed the exclusive right to use of registered trademark of QuanYou Furniture Co., LTD., and Its use of "QuanYou" in the company name constitutes an unfair competition with QuanYou Furniture Co., LTD. in its trademark rights and the right of "QuanYou". When determining the compensation, the defendant- Foshan QuanYou Sanitary Ware refused to give evidences for profit. After careful thinking, Unitalen proved carefully relying on the evidence submitted by the defendant, and tried to seek evidence for compensation in order to form a complete chain of evidences. Finally the court agreed comprehensively on this basis and ordered the compensation of 14 million Yuan.
It is worth mentioning that the result of the case is closely related to the administrative litigation retrial judgment of "È«ÓÑQUANYOU" (objection review) made by the Supreme People's Court previously. It is because of the retrial judgment, which identifies "QuanYou" trademark constitutes a well-known trademark and shall be protected on different class of goods, that the relevant judgment and decision made by Beijing High People's Court, Beijing First Intermediate People's Court and the trademark review and adjudication board were cancelled, which approved "QuanYou QUANYOU" trademark registration for Foshan QuanYou Sanitary Ware Co., LTD. Therefore, the claim of defendant lost powerful support.
The results of administrative litigation retrial judgment regarding "È«ÓÑQUANYOU" objection review made by the Supreme People's Court and the first-instance civil verdict for QuanYou trademark infringement and unfair competition made by Shandong High People's Court, once again demonstrate that Unitalen lawyers can properly handel difficult and complex issues of intellectual property rights entrusted by client. In recent years, Unitalen lawyers have formed a good mode of work, such as developing systematic program before litigation, implementing the program effectively, and various study and moot court in the process of cases. With their own efforts, Unitalen lawyers go all out to protect the legal rights and interests of the client, promoting China's judicial protection of intellectual property rights. |
|
|
|
|
|
Unitalen Won the Administrative Retrial of Invalidation for Tensar |
|
|
|
On April 02, 2011, Tensar requested the Patent Reexamination Board of the State Intellectual Property Office to declare that No. ZL201020286073.9 of utility model patent obtained by Hebei Baoyuan Engineering Rubber Co., LTD. (hereinafter referred to as the "Baoyuan Company") to be invalidated.
On September 30, 2011, the Board finally decided that the patent was invalid while all claims (1, 2) of the involved patent after modification lack of novelty, as compared to the comparison documents, and thus proclaimed invalid.
Baoyuan brought administrative action before the Beijing First Intermediate People's Court; On April 20, 2012, the court rejected all the pleadings in administrative litigation by the company.
Baoyuan brought an appeal again to Beijing High People's Court. On December 19, 2012 and the court dismissed all its pleadings in the second instance of administrative litigation.
Baoyuan did not accept the decision of invalidity, the judgment of the first and second instance, and put forward to the Supreme People's Court the retrial request. On September 22, 2013, the Supreme People's Court issued a notice to inform Tensar that it has accepted the retrial request of the applicant. The main reasons for retrial by Baoyuan are that: 1, when evaluating novelty of the patent, the decision of invalidity, the judgment of the first and second instance conducted a wrong evaluation by comparing the two technical parts with the claims of the patent involved, which violated the principle of "single comparison"; 2, the "three-direction geogrid" in Claim 1 shall contain the "hidden" technical feature of "equilateral triangle" according to the understanding of a person with ordinary skill in this field. Based on the above, Baoyuan requested the Supreme People's Court to cancel the original judgment.
On December 4, 2013, the Supreme People's Court issued its judgment of the case, rejecting the retrial application by the company, for major reasons that: 1, the disclosed technical solution in the comparison documents applies not only to the "structure with an angle of 60o between stretching pieces¡±, but also applies to the "structure with angles other than 60o¡±. Therefore, it found that Baoyuan¡¯s proposal of violating the principle of "single comparison" cannot be established; 2, Baoyuan did not submit evidence to prove that a person with ordinary skill in the field should understand the "hidden" technical features of "equilateral triangle" into the "three-direction geogrid". So this assertion of Baoyuan is also not accepted. |
|
|
|
|
|
Unitalen honored with "2013 Beijing Outstanding Patent Agency"
|
|
|
|
On the morning of December 10, 2013, the conference of capital intellectual property service institutions was held in Garden Hotel in Beijing. At the meeting outstanding patent agency and agents in Beijing were recognized with awards, among which Unitalen was selected as "Beijing Outstanding Patent Agency in 2013". Wang Hong, Director of Beijing Intellectual Property Office, Wang Shuxian, deputy Director of the Office, Wang Dedao, Director of the Patent Management Department and Cui Xiaoguang from Beijing Patent Agent Association, and other leaders attended the meeting and delivered a speech.
In November 2013, Beijing Patent Agent Association carried out the evaluation for "Beijing Outstanding Patent Agency and Excellent Agents in 2013". After material submission, examination, expert evaluation and publication of results, ten outstanding agencies were honored, including Unitalen. A partner of Unitalen accepted the certificate and trophy awarded by director Wang Hong and other leaders. |
|
|
|
|
|
|
|
|
|