Newsletter: Chinese IP Information
(English and Chinese)
- Trademark Examination: Adhere to Stability and Make Progress to Realize Quality Improvement and Efficiency
- WeChat and International Trademark Association Work Together to Fight Against Infringement and Counterfeiting
- National Courts Handled 38 Cases of Disputes Involving New Plant Varieties in 2019
- English Version “Patent Information Related to COVID-19” Online Platform
Trademark Examination: Adhere to Stability and Make Progress to Realize Quality Improvement and Efficiency
At the 2020 Trademark Examination Conference of the State Intellectual Property Office Trademark Office (hereinafter referred to as the Trademark Office) held recently, a set of data released was quite noticeable: China’s trademark examination volume in 2019 was 8.253 million, an increase of 2.62% year-on-year; the qualified rate of sampling inspection for trademark registration substantive examination is 96.08%, which is higher than 95.77% in 2018; the average examination period for trademark registration is reduced to 4.5 months, and the efficiency and quality of trademark examination are steadily improved. The trademark examination cycle was further shortened, the trademark review quality management system was continuously improved, and efforts to combat trademark hoarding and malicious registration continued to increase.
The number of trademark registration applications in my country reached 7.837 million in 2019, an increase of 6.33% year-on-year. In order to promote the steady improvement of the quality of trademark examinations, the Trademark Office and local trademark examination cooperation centers have established and improved examination management systems, such as examination task assignment mechanism, examination authority management, special sampling, cross-sampling, legality examination, etc., and comprehensively strengthened the examination quality. Supervision; standardize examination standards, strengthen unified implementation, and the objection and review departments continue to improve the quality of case review through the improvement of the three-level collegiate system; strengthen review capacity building.
The Trademark Office's Examination Affairs Department insists that it is the clear leader of the same or highly similar trademarks of the same batch to ensure the consistency of examination standards. The Guangzhou Trademark Examination Collaboration Center adopts the self-inspection model of “100% of the examination department + 30% of the quality control department + directional sampling” to increase the proportion of self-inspection and achieve full business coverage. The Shanghai Trademark Examination Collaboration Center has conducted in-depth research on trademark examination standards, promoted the establishment of a banned vocabulary, actively played the role of special groups such as non-standard goods and coexistence groups, regularly organized special business learning exchanges, and comprehensively improved the level of trademark examination. The Chongqing Trademark Examination Collaboration Center cooperated with the Trademark Office to complete an intelligent search system for graphic trademark examinations, and independently developed an inquiry system for similar trademark service items, which effectively improved the level of trademark examination intelligence. The Jinan Trademark Examination Collaboration Center conducted graded management and practical evaluation of the examiners, achieving a “zero” record of major examination quality problems since the listing operation. The Zhengzhou Trademark Examination Collaboration Center carried out the examination of all personnel's trial limits, and formulated relevant regulations on the examination and control of the review limits and the handling of trademarks that exceeded the limits of examination.
At the beginning of this year, the Trademark Office drafted the "Notice on Trademark Acceptance during the Prevention and Control of New Coronavirus Infection Pneumonia (Draft)". On February 10, the commodity application related to the prevention and control of the epidemic was published in the trademark online application system to facilitate Applicants applied online; issued the “Notice on Relevant Requirements for the Response of New Coronavirus Infection Pneumonia in Trademark Examination Work”, formulated guidelines for trademark examination related to epidemic prevention and control, and increased guidance for trademark examination related to epidemic situations; the issuance of the notice emphasized the emphasis on control and prudential examination, and increased the control of trademark registration applications related to the epidemic situation and prone to adverse effects. At the same time, establish a linkage mechanism for trademark examination, opposition, review and other procedures to unify the examination and examination standards for controlled trademarks.
2020 is the final year of the trademark registration facilitation reform. This year, we will continue to launch new measures to support economic development, and strictly and strictly crack down on the application of abnormal trademark registration related to the epidemic; continue to deepen the reform of trademark registration facilitation to ensure that the average review period for trademark registration is compressed to less than 4 months and go online trademark invalidation, opposition within the year, and cancellation of the three-year online application function of non-use of the application business, to realize the online application of the following nine international applications of Chinese applicants; continue to maintain a high-pressure situation against malicious registration, and issue operation guidelines to accelerate the implementation of trademark hoarding, the whole process of malicious registration is cracked down.
WeChat and International Trademark Association Work Together to Fight Against Infringement and Counterfeiting
In order to enhance the understanding and recognition of WeChat brand protection work by global brand rights holders, and maintain the legal rights and interests of the brand more efficiently, maintain close communication with brand rights holders during the global epidemic. The WeChat brand protection team works with the International Trademark Association (INTA) in the form of remote video, two training exchange meetings were held on May 13 and May 19, and more than 40 world brand rights owners participated in the meeting.
The WeChat brand protection team introduced the WeChat brand protection concepts, initiatives and achievements to the right holders, focusing on the operation mechanism and principles of the WeChat brand rights protection platform (BPP). In addition, it also introduced the recent protection progress, including the platform’s new linked account cracking capabilities, repeated infringement blocking strategies, and one-stop access to multi-scenario complaints, as well as the offline crackdowns that have been carried out with brand rights holders since last year. At the end of the meeting, the WeChat brand protection team responded to the concerns of brand rights holders regarding the counterfeiting of counterfeit goods in special categories, brand access guidelines, the ability to attack linked accounts, and offline cooperation routes.
The WeChat brand protection team is committed to combining the power of brand owners and users to combat the use of WeChat to issue counterfeit product information. It is the goal of the WeChat brand protection team to cooperate and co-govern with brand rights holders, jointly protect the legal rights and interests of brand rights holders and create a good social network environment. Up to now, there are more than 360 global well-known brand owners who have joined the WeChat brand rights protection platform.
From Huanqiu 2020.5.20
National Courts Handled 38 Cases of Disputes Involving New Plant Varieties in 2019
On May 8, the Supreme People's Court held a press conference in Beijing and released the 2019 China Environmental Resources Trial (White Paper), China Environmental Justice Development Report (Green Paper) and the People's Court Environmental Trial Typical Cases. The white paper shows that in 2019, the national courts further strengthened the protection of intellectual property rights such as new plant varieties, biological genetic resources and genes, accepted 38 disputes involving new plant varieties, and concluded 25 cases.
The white paper shows that in 2019, courts across the country accepted 39,957 first-instance criminal cases of various environmental resources, concluded 36,733 cases, sentenced 114,633 criminals, and the number of closed cases increased by 50.9% and 43.4% year-on-year respectively. It received 202,671 civil first-instance cases of various environmental resources and concluded 189,120 cases, up 5.6% and 3.5% year-on-year respectively. 47588 first-instance cases of various environmental resources were accepted, and 42078 were concluded, up 12.7% and 0.8% year-on-year respectively.
The white paper points out that in 2019, the People's Court will strengthen judicial protection of biodiversity, focusing on hearing cases of genetic (gene) diversity, species diversity, and ecosystem diversity, as well as biological (animal, plant, microbial) and their judicial protection of the owned genes and living environment, and strengthen the protection of intellectual property rights such as new plant varieties, biological genetic resources and genes.
In practice, the People’s Court emphasized that no unit or individual may produce or sell propagating materials of the authorized variety for commercial purposes without the permission of the owner of the variety right; at the same time, it also points out that the new plant variety right is a publicized right, the producers and operators at the same filed should pay corresponding attention, which has a positive significance for protecting and encouraging the cultivation and use of new plant varieties.
English Version “Patent Information Related to COVID-19” Online Platform
BEIJING, April 27 (Xinhua) -- China's National Intellectual Property Administration (NIPA) has launched an online platform to provide English patent information related to COVID-19 for scientists and the public.
The platform was jointly developed by the China Patent Information Center and the Patent Examination Cooperation (Beijing) Center, two bureaus under the NIPA. The English website of the platform is https://ncp.patentstar.cn/en/.
Website visitors can read more than 7,000 pieces of Chinese and foreign patent information related to epidemic prevention, mainly in the fields of drugs, diagnostic reagents, medical equipment, protective products, medical disinfectants, waste treatment, artificial intelligence and big data applications. Access to the website is free of charge.
It also offers scientists and research institutions data analysis reports about the latest patent achievements in COVID-19 research.
Since its launch last week, the Chinese and English versions of the platform have received more than 173,000 hits, with visitors from the Republic of Korea, the United States, Switzerland, Japan, the Netherlands and other countries and regions, a source of the NIPA said Monday.