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NEWS

  • March 10

    2023

    Stronger IPR Protection Drives More Innovation

    Courts increase penalties for offenders in high-tech areas Innovators in China have been given stronger protection over the past five years, thanks to greater judicial efforts in the intellectual property rights field, the country's top court and top procuratorate said. From 2018 to 2022, Chinese judicial authorities strengthened protection of IP rights to facilitate innovation-driven development, with harsher punishments for IP infringements, according to work reports of the Supreme People's Procuratorate and the Supreme People's Court. The reports were submitted on Tuesday to the ongoing first session of the 14th National People's Congress, the country's top legislature, for deliberation. In terms of improving legal services for innovation-driven development, courts across the country intensified IP protection of key technologies and emerging and major industries, Zhou Qiang, president of the SPC, said while briefing national lawmakers on the SPC report.

  • March 08

    2023

    Chinese Government Report Highlights IP Protection and Innovation Encouragement

    Editorial Words The opening meeting of the first session of the 14th National People's Congress was held at the Great Hall of the People on March 5. The government work report reviewed the work in 2022 and over the past five years and gave some recommendations for the work of government in 2023. We took innovation and intellectual property as keywords and selected IPR-related parts to share with our readers. The past five years have been truly momentous and remarkable Breakthroughs were made in core technologies in key fields, and a stream of innovations emerged in areas such as manned spaceflight, lunar and Martian exploration, deep sea and deep earth probes, supercomputers, satellite navigation, quantum information, nuclear power technology, airliner manufacturing, and artificial intelligence.

  • March 06

    2023

    AI and Its Implications for Copyright-Opinion

    AI technology has been around for a while, but it has only recently started to become as accessible a tool as Google. ChatGPT, DALL-E 2, Bard and many other chatbots will soon be available to everyone, offering the prospect that the technology will replace many professionals in a heartbeat. Every student will be able to ask his preferred AI software to write his university assignments; every journalist will have his column ready for deadline without effort or research; and a lawyer’s work in many areas will be replaced by AI technology. But where does all the information come from? Do we really believe that computers can replace law school graduates? Can AI design our homes or create original artwork? These are questions that also raise the potential for a conflict between technology and copyright. When we ask our computer to draw a picture or draft a lease agreement, the computer obviously needs to search databases that are available to it in order to generate any new product. This introduces two different questions: who owns the copyright in what the computer creates? Does the new creation infringe on someone’s copyright? The answer could be argued in several ways.

  • March 03

    2023

    IP Protection to Keep up With Technology

    Systems established to ensure rights remain safe in changing landscape Procuratorates have intensified the comprehensive judicial protection of intellectual property rights via specialized case handling, with about 13,000 people being prosecuted for IP infringements last year, according to the Supreme People's Procuratorate (SPP). They also intensified the supervision of civil administration litigation, which refers to a citizen or organization initiating a lawsuit against administration departments for violations. Procuratorates handled 937 cases of IP civil administration litigation last year, up 72.2 percent year-on-year. Liu Taizong, director of the SPP's IPR Procuratorial Office, said that IPR cases often involve cutting-edge and professional problems, especially technical cases involving patents and trade secrets, requiring a team of prosecutors with professional knowledge and skills.

  • March 01

    2023

    Foreign Entities Own 861,000 Valid Invention Patents in China by the End of 2022

    Intellectual property protection is an important part of a sound business environment. As of the end of 2022, the number of valid invention patents owned by foreign entities in China reached 861,000, a 4.5% jump year-on-year, involving 58,000 foreign companies, an increase of 2,000 from the previous year. The number of valid registered trademarks owned by foreign entities hit 2.03 million, up 5.9%. Foreign interests' greater IPR footprints in China, as revealed at a recent SCIO (State Council Information Office) press conference on IP statistics of 2022, indicated IPR has continued to exert its role in boosting high-level opening up. "As far as IPR protection concerns, the Chinese government always treats local and foreign companies on equal footing." These welcome numbers has given strong proof that IPR protection has created conditions for foreign businesses to fly, said Zhang Zhicheng, Director General of Intellectual Property Protection Department of the China National Intellectual Property Administration (CNIPA).

  • February 27

    2023

    Growing Interest in Sustainability Sparks More Green EUTM Filings

    The study, an update of an earlier study published in 2021, aims to examine whether the increased concern among the public and policymakers over climate change and environmental degradation is reflected in the EUTM applications. 18 726 green EU trade marks (EUTMs) were filed at EUIPO in 2021, an all-time high, according to a study by the EUIPO through the European Observatory on Infringements of Intellectual Property rights. Furthermore, the share of green EUTMs in overall EUTM filings increased to 12 %. The study also shows that non-EU countries file a higher proportion of green EUTMs than Member States (14.1 % v 10.6 %). This mainly represents filings from China, South Korea, Switzerland, the United Kingdom and the United States. In the EU, the top green EUTM filing countries in 2021 were Germany, Spain, France, Italy, the Netherlands and Poland.

  • February 23

    2023

    Authorities Pledge to Strengthen IP Protection, Hasten Patent, Trademark Applications

    China's top intellectual property regulator pledged to ensure stronger intellectual property protection and accelerate reviews of patent and trademark applications this year to better contribute to the country's high-quality development and respond to the demands of innovators. "We'll strengthen IP protection by helping amend the Trademark Law and the implementation rules of the Patent Law, with greater efforts to assist in establishing a law on geographical indications as well as a system to protect data IP rights," said Heng Fuguang, spokesman of the China National Intellectual Property Administration. He released the plan at a news conference on Wednesday, adding that the time to review trademark registration and applications of invention patents will also be further shortened this year. While improving review efficiency, he emphasized that the fight against malicious trademark registration and improper patent applications must continue.

  • February 22

    2023

    Policy Paves New Paths for Old Brands

    Five central government agencies - Ministry of Commerce (MOC), Ministry of Culture and Tourism, State Administration for Market Regulation, National Cultural Heritage Administration and China National Intellectual Property Administration (CNIPA) - recently enacted the Measures on Building and Administration of Model Chinese Time-Honored Brands, explicitly setting rules for the general requirements, basic conditions, application/certification and dynamic administration of the building of these brands and sending a strong message on advocating innovative development of time-honored brands and consumption of them. At a press conference featuring development and consumption of time-honored brands, according to an MOC executive, there are 1,128 national time-honored brands and 3,277 local ones, 701 of which have been in business for over a century since establishment.

  • February 20

    2023

    EPO: The Unitary Patent is to Become a Reality

    On February 17, the German government deposited its instrument of ratification of the Agreement on a Unified Patent Court (UPCA) with the Council of the European Union. The step marks the successful completion of the necessary ratification procedures by the participating EU member states for the Unitary Patent Package to become effective for currently 17 states. The new system is now ready to enter into operation on 1 June 2023. More countries are expected to join in the future. Welcoming the news, EPO President António Campinos said, "The deposit by Germany opens the door for a new era of IP protection in Europe. Under the Unitary Patent system, European businesses will be able to benefit from broader and more effective patent protection at lower costs, which is particularly important for smaller entities. The start of the long-expected system is the result of close co-operation and constructive work of all partners and stakeholders of the European patent system. It will be a boon for the European economy as it establishes a uniform technology market facilitating transactions across a big economic region. While later this year we are going to celebrate the 50th anniversary of our founding treaty, the European Patent Convention, this huge step represents a historic moment for innovators and the protection of inventions in Europe."

  • February 17

    2023

    Technicians Appointed to Advise on IP Cases

    A total of 115 technicians were appointed as investigators by Beijing Intellectual Property Court on Wednesday to help solve technical cases. With the fast development of technology, the court has seenIP technic rapidly growing al disputes over the past few years. "Hearing technical cases has become a major part of our job," said Zhou Liting, deputy head of the court's technical investigation department. She revealed that since the court was established in November 2014, it has solved 23,000 technical cases, of which about 20,000 have been concluded. The cases covered many sectors involving high-tech, such as communications, medicine, biology, chemistry, materials and computers, she said, adding "Finding a better solution to the cases very much relates to the development of the involved enterprises and industries". Considering the complexity of technology, a judicial interpretation by the Supreme People's Court, China's top court, issued at the end of 2014 allowed courts to find technical investigators to help with cases, clarifying that the appointment period ranges from one to three years.
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