Recently, our firm won the first instance of an administrative litigation case for invalidation of an invention patent, in which it is ruled that the invention patent should be comp...
Introduction In the chemical field, it is difficult to seek invalidation of a patent claiming to have achieved unexpected technical effect. This case provides a strategy for success...
The World Intellectual Property Organization (WIPO) released the statistics on global PCT patent applications in 2021 in February 2022. The data show that patent applications filed through the PCT system increased by 0.9% over last year to 277,500. Asian countries now account for 54.1% of all PCT patent applications, up from 38.5% in 2011. Chinese entities filed 69,540 PCT patent applications in 2021, the highest number ever.
Huawei of China (6,952), Qualcomm of the United States (3,931), Samsung Electronics of Korea (3,041), LG Electronics of Korea (2,885), and Mitsubishi Electric of Japan (2,673) are the top five applicants with the most PCT applications published in 2021. (Feb. 14, China Intellectual Property Magazine)
Copyright
China's first case! Beijing ruled on a criminal lawsuit alleging copyright infringement of the Winter Olympics mascot image
Beijing recently investigated, prosecuted, and tried a case involving the manufacture and sale of counterfeit of the Winter Olympics mascot doll Bing Dwen Dwen and Shuey Rhon Rhon in a swift manner, and the defendant Ren was sentenced to a year in prison and a 40,000 yuan fine. This was China's first criminal case involving infringement of the copyright to the Beijing Winter Olympic mascot image. (Feb.15, Beijing Daily)
Unfair competition
Suzhou Leadsynbio Fined ¥200,000 for Trade Secret Infringement
According to the penalty information released from the National Enterprise Credit Information Publicity System (Jiangsu), Suzhou Leadsynbio Biotechnology Co., Ltd, a biotechnology development company, employed the former employee of EnzymeWorks a as the company's R&D staff despite knowing that he was still subject to the non-compete period. Additionally, Leadsynbio failed to prohibit the former employees of EnzymeWorks from acquiring and using EnzymeWorks’ trade secrets through improper means, which constitutes the infringement of trade secrets of EnzymeWorks, Inc.
Suzhou Leadsynbio Technology Co., Ltd. is reportedly suspected of violating the Paragraph 3 of Article 9 of the Anti-Unfair Competition Law of the People’s Republic of China, “Where if the third party knows or should know that the employees, former employees, or other units or individuals of the right holder of the trade secrets commit the illegal acts listed in the first paragraph of this Article, but still obtains, discloses, uses, or permits others to use the trade secrets, it shall be seen as the infringement of trade secret”, thus a fine of 200,000 yuan was imposed on Leadsynbio. (February 21, China Finance Net)
IP-related policy
China Joins the Hague Agreement Concerning the International Registration of Industrial Designs
China formally acceded to the Geneva Act (1999) of the Hague Agreement in January 2022 upon the approval and consent of the State Council.
On February 5, China submitted to WIPO its instrument of accession to the Hague Agreement Concerning the International Registration of Industrial Designs (hereafter referred to as the "Hague Agreement"), which will enter into force in China on May 5.
As of January 24, 2022, there are 76 Contracting Parties to the Hague Agreement, and the Geneva Act (1999) has 67 Contracting Parties, including 65 countries and 2 intergovernmental organizations.
The Hague Agreement is an international intellectual property agreement applicable to the field of industrial designs. It, along with Madrid Agreement Concerning the International Registration of Marks and The Patent Cooperation Treaty (PCT), constitutes the three major industrial property service systems administered by WIPO. Through this agreement, an applicant can receive protection for industrial designs in multiple contracting parties by filing a single worldwide application to the receiving office. (Feb. 9, China National Intellectual Property Administration)
Announcement of CNIPA on Adjusting the Issuance of Letter of Patent for Electronic Patent Applications (No. 472)
From March 1, 2022 (inclusive), China National Intellectual Property Administration(hereafter referred to as the “CNIPA”) will no longer accept requests for paper letter of patent for electronic patent applications, and such letter of patent will be provided only through the electronic patent application system. The authenticity of the electronic letter of patent can be verified via the China Patent Electronic Application Network. (February 11, CNIPA)
