Draft Amendment to the Trademark Law of the People's Republic of China
A batch of Draft Amendments to Laws, including the Draft Amendment to the Trademark Law, were passed in the Executive Meeting of the State Council, chaired by Premier Li Keqiang, and to be submitted to the Standing Committee of National People’s Congress for approval. The proposed amendments included the provisions of increasing intensify of punishment to trademark infringement, and raising the statutory compensation for trademark infringement.
First Public Trial by Intellectual Property Court of Supreme People’s Court
On the morning of April 1, 2019, the Intellectual Property Court of Supreme People’s Court (SPC) heard its first public trial since establishment. The appellants Xiamen Lukasi Car Accessories Co., Ltd and Xiamen Fuke Car Accessories Co., Ltd accused the appellees Valeo Systemes d’Essuyage and the original defendant Chen Shaoqiang of infringing invention patent. Luo Dongchuan,vice-president of SPC, head of the Intellectual Property Court of SPC was the presiding judge.This trial discussed the relationship between the partial judgment system and the provisional injunction system for the first time, and clarified the application conditions and regulations of two systems coexisting.
Newly Revised Patent Agency Regulations Come into Effect
The newly revised Patent Agency Regulations (hereinafter referred to as Regulations) came into effect on March 1, 2019. The Regulations are to improve the systems related to patent agencies’ qualifications, regulations and service regulatory.
Intellectual Property Court of Supreme People’s Court Unveiled in
Intellectual Property Court of Supreme People’s Court was unveiled in Beijing, mainly hearing civil IP cases and administrative IP appeals with strong professional technical expertise.
President of Intellectual Property Court of Supreme People’s Court
Standing Committee of the National People’s Congress released a list of nominees (passed by 7th Meeting of 13th Standing Committee of the National People’s Congress ), wherein Luo Dongchuan was nominated as the President,Wang Chuang, Zhou Xiang and Li Jian as the Deputy Presidents of Intellectual Property Court of Supreme People’s Court.
Draft Amendment to Patent Law of People’s Republic of China Submitted to 7th Meeting of 13th Standing Committee of the National
Based on international practices, Draft Amendment to Patent Law of People’s Republic of China increased the penalties for the infringement on intellectual property rights, raised compensation for intentional infringing and counterfeiting a patent, and notably increased the infringement cost. The Draft clarified that the infringers shall bear the burden of proof, i.e., provide relevant materials, and the network service provider shall bear the joint liability for failure to stop infringement timely. An incentive mechanism that patent inventors or designers shall reasonably share profits of employee inventions was built. The Draft also completed the Licensing System of Patents.
All Chinese Trademarks Searchable Online
Trademark Office of National Intellectual Property Administration, officially shared the basic information of all the existing trademarks to the public for free. The registered users of Online Trademark Service System can download the basic information of over 35,000,000 trademarks, which deepens the reform of trademark registration facilitation.
Judicial Interpretation for Act Preservation in Intellectual Property
Disputes Issued by Supreme People’s Court
On November 26, 2018, Provisions of the Supreme People's Court on Several Issues concerning the Application of Law in Examining Cases Involving Act Preservation in Intellectual Property Disputes was passed by the Judicial Committee of the Supreme People's Court, and came into effect on January 1, 2019. The 21 provisions are divided into four parts: 1)Procedural Rules; 2) Substantive Rules; 3) Identifying Act Preservation Mistakes and Governance on Compensation Lawsuits caused by Applications with Mistakes, and Terminating Act Preservation; 4) Applying for different types of Preservations, Application Fees and other issues. The Provisions plays an important and active role in promoting technology development, cultural prosperity, integrity management and legitimate competition.
Internet Courts Established in Beijing and Guangzhou
Two Internet Courts were established in Beijing and Guangzhou respectively, which drove to accomplish “Online Disputes Online Trials”, and promote cyberspace administration legalization. Moreover, Nanchang, Zhengzhou, Changsha,Tianjin, Xi’an, Shenzhen and Changchun also established its own Intellectual Property Courts. The IP Court of Supreme People’s Court and local IP Courts in Beijing, Shanghai and Guangzhou together form China’s “1+3+17” Jurisdiction System of the Intellectual Property , effectively improving the professional trial mechanism. On September 6, 2018, Supreme People’s Court issued Provisions of the Supreme People's Court on Several Issues Concerning the Trial of Cases by Internet Courts, which stipulates the jurisdiction limits of the internet courts, the appellate mechanism and the requirements of building litigation platforms, and specifies online litigation rules, including identity authentication, cases register, response to appeals, adducing proof, court hearing, delivery, signing signature, placing on file, etc.
18th World Intellectual Property Day
On the 18th Intellectual Property Day, National Intellectual Property Administration (CNIPA) held Public Open Day Activities, in which Commissioner Shen Changyu delivered an opening speech. He pointed out that the reconstituted CNIPA integrated the function of managing trademark instead of State Administration of Industry and Commerce (SAIC) and the function of managing country-of-origin geographical indications instead of General Administration of Quality Supervision (AQSIQ). The new CNIPA are equipped with over 16,000 cadres and staffs, including over 11,000 patent examiners, and over 1,500 trademark examiners, which illustrates the largest intellectual property office all around the world.