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...
米芝莲 (Mi Zhi Lian in Pinyin - Mai Chi Ling) Infringed 米其林 (Mi Qi Lin in Pinyin - Michelin in Chinese) and was Enforced by Over CNY 10 Million
Due to the reason that “MICHELIN” is pronounced “米芝莲 (Mi Zhi Lian)” in Cantonese, Michelin has registered a number of “米芝莲 (Mi Zhi Lian)” trademarks.
Previously, Michelin sued Shanghai Mai Chi Ling in the court, claiming that Mai Chi Ling used “米芝莲 (Mi Zhi Lian)” as its corporate name and store signboard, and solicited franchisees, without obtaining the right to use the trademark. The court of first instance found that the trademark infringement was established, and Shanghai Mai Chi Ling was not satisfied with the judgment and appealed.
Recently, the court of second instance upheld the first instance judgment. As such, Shanghai Mai Chi Ling was enforced to pay more than CNY 10 million (approximately USD 1.39 million). (December 13, 2023, Economic View)
Anti-Unfair Competition
NavInfo Won the Final Trial against Baidu for Copyright Infringement and Unfair Competition
After nearly 7 years, NavInfo’s infringement case against Baidu, which involved CNY 64.5 million (approximately USD 8.96 million) ushered in the final judgment of the second instance.
NavInfo recently announced the second-instance judgment in the copyright infringement and unfair competition dispute case of NavInfo v. Baidu, that the appeal was rejected and the original judgment was upheld.
In 2017, NavInfo filed a lawsuit with Beijing Intellectual Property Court for copyright infringement and unfair competition disputes against Baidu. In November 2020, the first-instance judgment ruled that Baidu should stop the infringing act and compensate the plaintiff NavInfo for economic losses of CNY 64.5 million (approximately USD 8.96 million). Baidu was dissatisfied and appealed to Beijing High People’s Court.
Recently, Beijing High Court made the above judgment. (January 9, 2024, Shanghai Securities News, CNstock.com)
Statistics
Patent Applications Filed by Companies Listed on the Sci-Tech Innovation Board Reached More than 235,000; the Average Number of Patent Applications Filed by New Energy Companies Increased the Most
Recently, Wisdom Bud Innovation Research Center released the annual statistics of the Sci-Tech Innovation Board, which shows that as of December 31, 2023, the total number of patent applications filed by the 566 listed companies on the Sci-Tech Innovation Board is more than 235,000, the total number of valid patents is more than 129,000, and the total number of granted invention patents is more than 68,000. The total number of patent applications filed by the 106 companies to be listed on the Sci-Tech Innovation Board disclosed by Shanghai Stock Exchange is more than 21,000, the total number of valid patents is more than 11,000, and the total number of granted invention patents is more than 6,400.
Wisdom Bud said that on the one hand, the performance of listed companies in the average number of patent applications, the average number of valid patents and the average number of granted invention patents have achieved double-digit growth, of which the average number of granted invention patents has the highest growth rate, reaching 17.4%; From the perspective of strategic emerging industries to which enterprises belong, the average number of patent applications of new energy enterprises increased by 34.9%, which was significantly higher than that of other industries. On the other hand, the average number of patent applications filed by companies to be listed on the Sci-Tech Innovation Board in the queue is about 206, which is half of the average of listed companies (417 applications), and there is still room for improvement. (January 5, 2024, Xinhua Finance)
The China National Intellectual Administration Released the Main Statistics of Intellectual Property Rights in 2023
(1) Patents
921,000 invention patents, 2.09 million utility model patents and 638,000 design patents were granted throughout the year. 65,000 patent reexamination cases were completed, and 7,700 invalidation cases were completed. 74,000 PCT international patent applications were accepted. 1,814 Hague international design applications were filed by Chinese applicants.
By the end of 2023, number of enterprises with valid invention patents in China reached 427,000, with an increase of 72,000 compared with the previous year.
As of the end of 2023, the top three technical fields in China’s domestic valid invention patent growth rate are information technology management methods, computer technology and basic communication procedures, with a year-on-year increase of 59.4%, 39.3% and 30.8% respectively, much higher than the average domestic growth level.
(2) Trademarks
There were 4.383 million trademarks registered throughout the year. 153,000 trademark opposition cases were examined and completed. 373,000 trademark review cases were completed. 6,196 Madrid applications for international trademark registration were received from Chinese applicants.
(3) Geographical Indications
During the year, 13 geographical indication products were approved, and 201 geographical indications were approved for registration as collective trademarks and certification trademarks. 5,842 business entities have been approved to use the exclusive logo of geographical indications.
By the end of 2023, China has approved a total of 2,508 geographical indication products, approved 7,277 geographical indications as collective trademarks and certification trademarks, and the total number of business entities for geographical indications has reached 26,000, with an annual output value of more than CNY 800 billion (approximately USD 111 billion).
(4) Layout Design of Integrated Circuits
In the whole year, 11,000 integrated circuit layout design certificates were registered and issued.
(5) Protection of Intellectual Property Rights
During the year, 8 new intellectual property protection centers and 7 rapid rights protection centers were established, bringing the total number to 112. A total of 21 local sub-centers and 2 overseas sub-centers for response guidance to overseas intellectual property disputes were established, bringing the total number to 45.
The operating protection centers and rapid rights protection centers have accepted a total of 120,000 cases related to intellectual property right protection, and 239,000 requests for rapid patent pre-examination. There are approximately 150,000 enterprises and institutions registered in the protection centers and the rapid rights protection centers, including more than 5,700 state-level specialized, special and new small giant enterprises.
(6) The Use of Intellectual Property Rights
The registered amount of patent and trademark pledge financing was CNY 853.99 billion (approximately USD 118.67 billion), benefiting 37,000 enterprises. There were 42,000 pledge registration projects, with a year-on-year increase of 49.2%. Inclusive loans with a pledge amount of less than CNY 10 million (approximately USD 139 million) benefited 26,000 small, medium and micro enterprises, with a year-on-year increase of 44%. (January 6, 2024, China National Intellectual Property Administration)
