6/16/2015

Current Awareness

中国知財ニュース IP NEWS in CHINA
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情報元：中国法総合オンラインサービス〈Westlaw China〉

Proposed Legislation[6][1] Supreme People's Court seeks public opinions on matters relating to the applicable laws forinvestigations of intellectual property and competition dispute preservation cases[2] Draft of the Regulation on Service Invention presented in Beijing[3] SIPO solicits public opinions on the Administrative Measures for Patent Agency (Draft)[4] Legislative Affairs Office of the State Council solicits public opinions on the Draft Regulations on
Service Invention (Draft for Review)l[5] SIPO solicits public opinions on the Draft Amendment to the Patent Law of the People's Republic ofChina (Draft for Comments)[6] SIPO solicits public opinions on the Measures for IC Layout Design Exclusive Right Invalidation
Review (Draft)[9][1] BJIPO prints and distributes Implementation Rules for the Administrative Measures for Beijing
Municipal Patent Subsidy (Trial)

Adopted Legislation[2] Copyright Protection Center of China issues the amended Querying Measures for Computer Software
Copyright Registration Filing[3] NCA calls for reinforcing order for online reproduction[4] National Intellectual Property Strategy Promotion Plan 2015 issued[5] General Office of the State Council prints and distributes Priorities for the National Crackdown on IPRInfringement and Counterfeits in 2015[6] SIPO publicizes a list of intellectual property operators supported through equity investment[7] NCA prints and distributes the Priorities for National Crackdown on Press and Publishing (Copyright)
Infringement and Counterfeiting in 2015[8] SIPO prints and distributes the Guidelines for Building the Intellectual Property Alliance[9] SIPO releases the new Administrative Measures for Patent Agency Services

Government Policies[1][1] Trademark registration and certification of well-know trademarks no longer belong to administrative
approval items

Statistics [1]1/9

[1] Press conference on invention patents in China in 2014 held

Courts and Cases[2][1] SPC issues the 10th batch of guiding cases[2] General Office of the SPC prints and distributes the 10 major IPR cases, 10 major innovative IPR casesand 50 typical IPR cases in 2014

News

[2]

[1] Shanghai customs publicly discloses details of the first IPR infringement case involving imported FTZ
goods[2] 7 new language versions added for the Chinese patent retrieval and service system

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Proposed Legislation[1]

Supreme People's Court seeks public opinions on matters relating to the applicable laws forinvestigations of intellectual property and competition dispute preservation cases Chinese[Supreme People's Court]...The Supreme People's Court released the Interpretations of the Supreme People's Court of Matters
Relating to Applicable Laws for Investigations of Intellectual Property and Competition Dispute
Preservation Cases (Draft for Comments) on its website on Feb 26, 2015. According to the Draft forComments, prior to the judgment or arbitration award come into force, parties to an intellectual property orcompetition dispute may lodge an application with the people's court for act preservation, i.e. ordering the
respondent to, or not to, take certain actions. Pre-litigation act preservation applications concerning
intellectual property or competition disputes should be submitted to the local people's court at the place towhich the act preservation applies, the people's court at the place where the respondent is located which has
the appropriate jurisdiction over intellectual property and competition disputes, or the people's court with thejurisdiction over the case. The Draft for Comments also lays down detailed provisions concerning
application review for investigations of intellectual property and competition dispute act preservation cases,
relevant matters stated therein, trial procedures and the handling of respondents refusing to comply with theruling on act preservation.
The deadline for feedback submission is set to be Mar 30, 2015.

[2]

Draft of the Regulation on Service Invention presented in Beijing Chinese[State Intellectual Property Office]...The Patent Protection Association of China recently held a meeting in Beijing to present the Draft of theRegulation on Service Invention. The Draft for Review comprises of 7 chapters and 44 articles.
Amendments made in the Draft mainly concern know-how provisions, invention reporting bodies, inventor's
pre-emptive rights in service invention transfer, the effectiveness of agreements on restrictions on inventor's
legal rights, revenue distribution ratio and the jurisdiction over disputes related to service invention.

[3]

SIPO solicits public opinions on the Administrative Measures for Patent Agency
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(Draft) Chinese[Legislative Affairs Office of the State Council]...The State Intellectual Property Office (SIPO) drafted the Administrative Measures for Patent Agency(Draft for Comments) on Mar 25, 2015, and public feedback was solicited. The Draft provides that in theevent of a patent agency changes any of its registered information, it should complete the corresponding
modification formalities within the prescribed time limit, and ensure that the information registered with the
SIPO is consistent with that registered with industrial and commercial administration department. The Draft
also specifies the timing of annual report submission of patent agencies, required contents thereof, patentagencies obligations to ensure information truthfulness, and the timing and content of annual reportdisclosure by the SIPO. The Draft clarifies corrective measures in case of any inaccurate information
contained in an annual report, and stipulates the measures to be taken by the SIPO and intellectual property
bureaus in the provinces, autonomous regions and municipalities directly under the central government, andrelevant time limits, against cases of annual reports containing false information.
The deadline for feedback submission is set to be Apr 14, 2015.

[4]

Legislative Affairs Office of the State Council solicits public opinions on the Draft Regulations

on Service Invention (Draft for Review)l Chinese[Legislative Affairs Office of the State Council]...The Legislative Affairs Office of the State Council solicited the public's feedback on the Draft Regulations
on Service Invention (Draft for Review)l on Apr 2, and relevant organizations and individuals may submit
their suggestions by May 2, 2015. The draft for comments comprises 44 articles in 7 chapters, including
general provisions, invention ownership, invention reporting and IPR application, incentives and rewards forin-service inventors, promotion of service invention intellectual property application and implementation,
supervision and legal responsibilities and supplementary provisions. It is specified in the draft for comments,
for service inventions, the corresponding employment organization has the right to apply for intellectual
property right and to protect or publicize the invention as a technical secret, while the inventor(s) has/havethe authorship and is/are entitled to receiving rewards and remuneration. For non-service inventions, theinventors are entitled to the authorship, IPR application and to invention protection or disclosure as technicalsecrets, and the employment organizations may agree with inventors, in rules and regulations formulated bylaw, the ownership of inventions completed using material and technical conditions provided by theorganizations; where such an agreement is absent or not stipulated in the rules and regulations, relevant
provisions of the service invention regulation should apply.

[5]

SIPO solicits public opinions on the Draft Amendment to the Patent Law of the People's

Republic of China (Draft for Comments)

Chinese[State Intellectual Property Office ]...The State Intellectual Property Office (SIPO) solicited public feedback on the Draft Amendment to the
Patent Law of the People's Republic of China (Draft for Comments) on Apr 1. The public may submit theiropinions and suggestions in writing to the Department of Treaty and Law of the State Intellectual Property
Office by Apr 28, 2015.
Comprising of 9 chapters and 86 articles, the Draft for Comments contains substantive amendments to 30
articles, of which 18 are amendments to existing articles, 11 are newly added articles, and 1 existing article isdeleted. The "Patent Implementation and Use" chapter is added. The draft amendment mainly involves:(1) reinforcing patent protection to safeguard the lawful interests of patent owners; (2) facilitating patentimplementation and utilization to fulfilment the value of patents; (3) determining the government's functions
following the rule of law to build a service-oriented government; (4) developing the patent examination
system to improve patent quality; (5) developing the patent agency legislative system to promote the healthy
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development of patent service businesses.

[6]

SIPO solicits public opinions on the Measures for IC Layout Design Exclusive Right

Invalidation Review (Draft)

Chinese[State Intellectual Property Office ]...The State Intellectual Property Office (CIPO) solicited public feedback on the Measures for Review of IC
Layout Design Exclusive Right Invalidation (Draft) on Apr 1. The public may submit their opinions andsuggestions in writing to the Department of Treaty and Law of the State Intellectual Property Office by May
1, 2015. The Draft for Comments comprises 19 articles and standardizes examination procedures andstandards for layout design exclusive right invalidation cases.

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Adopted Legislation[1]

BJIPO prints and distributes Implementation Rules for the Administrative Measures for

Beijing Municipal Patent Subsidy (Trial) Chinese[Beijing Intellectual Property Office]...Beijing Intellectual Property Office (BJIPO) printed and distributed the Implementation Rules for the
Administrative Measures for Beijing Municipal Patent Subsidy (Trial) on Mar 17, 2015. The Rules comprise
26 articles in 8 chapters, i.e. application method, online application, application with printed materials,
application material examination and approval, fund disbursement and fast-track service.
According to the Rules, patent subsidy application combines online application with printed material
submission. In principle, the applicant should file the application by him/herself. Where an application is
filed via a patent agency, only one agency can be selected. An applicant may apply only once within a single
application period. Where an application has already been filed via a patent agency, the applicant should not
file another application by him/herself. Reputable enterprises and institutions whose applications are of ahigh standard may apply for and be qualified for the fast-track application service, subject to the BJIPO's
approval. "Fast track (application) service" refers to the exemption from supplying supporting materials forpatent application upon submission of printed application materials, i.e. qualified applicants only need tosubmit the Beijing Municipal Patent Subsidy Application Form upon submitting printed applicationmaterials, without providing relevant supporting documents. However, the fast-track service is applicable
only to domestic patent subsidy applications.
The Rules came into effect as of the date of promulgation.
[2]

Copyright Protection Center of China issues the amended Querying Measures for Computer

Software Copyright Registration Filing Chinese[Copyright Protection Center of China]...The Copyright Protection Center of China issued the amended Querying Measures for Computer Software
Copyright Registration Filing as Announcement No. 12 on Mar 12, 2015.
According to the Measures, the range of software registration filing queries covers: software copyrightregistration, and software copyright transfer contract or special permit contract registration. The query range
also covers registration of certificate modifications, supplements, revocation, replacement or renewal.
Information contained in software registration files available for public queries includes: (1) software name,name of copyright owner, registration number, date of development completion, date of first release, method
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of copyright acquisition and copyright coverage. (2) name of transferor or licensor, name of transferee or
licensee, software profile, software contract registration number and date of registration. (3) registration
number, modification or supplements, original content prior to modification or supplementation, contents
after modification or supplementation and modification certificate serial number.
Information contained in software registration files unavailable for public queries includes: (1) application
form, source program, documentation; (2) proof of identity of the registration applicant, copyrightcertification documents; (3) approval documents issued by the registration authorities; (4) source program or
documentation sealed by software registrant; (5) other registration documents which should not be
publicized as claimed by the software registrant.
[3]

NCA calls for reinforcing order for online reproduction Chinese[National Copyright Administration]...The National Copyright Administration (NCA) issued the Notice of Order Reinforcement for Online
Reproduction (Guo Ban Ban Fa [2015] No. 3) on Apr 17, 2015. According to the Notice, internet media
organization reproducing others' works should comply with relevant provisions of copyright related laws
and regulations; obtain the permission of the copyright owners and pay the relevant royalties; specify thename of the author and work and the source. The Notice requires that press and internet media organizations
should set up a complete set of internal copyright management regulations; establish a database containing
all works belonging to the organization or its employees as the copyright owners, and specify ownership
information and authorization method and expiry details (in the case of works which may be used by otherswith the authors' consent); establish a database containing all works of external authors for which permission
for reproduction has been obtained, and specify the permission source, and authorization method and expiry,
etc. Press and internet media organizations should set up a copyright cooperation mechanism for online
reproduction by entering into a copyright licensing agreement; tighten up on copyright review over
reproduced works; jointly research into rationalizing the royalty pricing system; and further develop thelicense trading mechanism for copyrighted works.
[4]

National Intellectual Property Strategy Promotion Plan 2015 issued Chinese[State Intellectual Property Office ]...The State Intellectual Property Office (SIPO) issued the National Intellectual Property Strategy Promotion
Plan 2015 on its website on Apr 10. The Promotion Plan specifies key tasks and working measures forstrategy implementation in 2015. A total of 5 key tasks and 80 specific measures are established in the
Promotion Plan. Key tasks for implementing the national intellectual property strategy in 2015 involve:
reinforcing IP protection and encouraging innovation and invention; promoting IP applications andfacilitating industry restructuring and upgrade; strengthening IP administration and related services, andpromoting innovation transfer and transformation; further developing IP exchanges and cooperation andboosting China's global competitiveness; increasing policy support, and improving IP strategy
implementation protection.
In terms of IP protection and incentivizing innovation and invention, efforts will be made according todeployments made in the Promotion Plan to expedite the disclosure of administrative IP enforcement
information and the formulation of related credit standards; reinforcing the linkage between administrative
IP enforcement and criminal justice; cracking down on patent infringement and counterfeiting, online piracy,
counterfeit brand-name products and other related offenses; focusing on investigating serious counterfeiting
and infringement cases with severe social effects. SIPO will tighten up on IP enforcement and intellectual
property right protection concerning ecommerce activities and large exhibitions, strengthen IP supervision
during goods production, processing and transport operations, and standardize practices in IP disputesettlement.
In terms of promoting IP applications and facilitating industry restructuring and upgrade, relevant tasks
specified in the Promotion Plan include enhancing patent distribution and operational services in key
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industries, expediting the establishment of the IP operation public service platform, increasing the coverageof pilot patent operations of enterprises directly under the central government, and strengthening patent
navigation efforts; supporting the development of IP services and IP financial services, pushing forward thedevelopment of IPR pledge financing and insurance businesses; improving the online publishing license
payment mechanism, strengthening brandbuilding and protection of national animation brands, andsafeguarding geographical indications.
[5]

General Office of the State Council prints and distributes Priorities for the National Crackdown

on IPR Infringement and Counterfeits in 2015 Chinese[Central People's Government]...The General Office of the State Council printed and distributed the Priorities for the National Crackdown
on IPR Infringement and Counterfeits in 2015 (Guo Ban Fa [2015] No. 17) on Mar 25. It was pointed out inthe document that efforts should be made to further develop relevant laws, improve regulatory rules, andformulate and amend laws where necessary; facilitate the formulation of the ecommerce law; push forward
the amendments to the copyright law, patent agency regulations; research into amendments to the patent law,drug administration law and intellectual property protection regulations for the customs; facilitate theformulation of the seed law; amend the measures for investigating unlicensed business operations and thecosmetic health supervision regulations; carry out relevant research and studies to push forward thedevelopment of business secret protection laws and regulations. It was stated in the document that regulatory
enforcement should be strengthened revolving around current social affairs, involving: the special action forinternet business will be extended by 1 year; implementing special rural-urban fringe special rectification;
launching a nationwide motor gasoline and diesel special rectification program; implementing a"rectification" campaign to foster the image of "Made in China" overseas; crackdown software pirate;
relevant departments should tighten up on the regulation of key industries.
[6]

SIPO publicizes a list of intellectual property operators supported through equity

investment Chinese[State Intellectual Property Office]...The General Office of the Ministry of Finance (MOF) and the General Office of the State Intellectual
Property Office (SIPO) printed and distributed the Notice on Market-Based Promotion of Intellectual
Property Operation and Services in Dec 2014, pointing out that "Support will be provided for implementing
pilot projects in 11 provinces (e.g. Beijing) with a high concentration of intellectual property operations,
supporting intellectual property operators through equity investment". Based on the results of an appraisal of
30 enterprises by experts selected by the Patent Protection Association of China from relevant areas with theauthorization of SIPO, it is decided that equity investment pilot work will be implemented in 20 enterprises
including Beijing Zhi Gu Rui Tuo Technology Services Co., Ltd. and China Patent Technology
Development Co., Ltd. SIPO issued the Disclosure of Intellectual Property Operators Supported ThroughEquity Investment on May 21, 2015. The disclosure period is set to be May 21-28, 2015.
[7]

NCA prints and distributes the Priorities for National Crackdown on Press and Publishing(Copyright) Infringement and Counterfeiting in 2015 Chinese[National Copyright Administration]...The National Copyright Administration (NCA) issued a notice on printing and distributing the Priorities
for National Crackdown on Press and Publishing (Copyright) Infringement and Counterfeiting in 2015 (Xin
Guang Chu Ban Fa [2015] No. 43) on May 5, 2015. It is stated in the Priorities that the NCA will implement
the 11th online infringement and counterfeiting crackdown campaign ("Jian Wang Action") in 2015 jointlywith the National Internet Information Office, Ministry of Industry and Information Technology and6/9

Ministry of Public Security, focusing on cases of infringement and counterfeiting in music, television andfilm and literature websites, online cloud storage businesses, mobile internet and online advertisingalliances. According to the Priorities, efforts will be made to promote the use of copyrighted software andorganize training sessions on using copyrighted software among central enterprises, with local state-owned
enterprises and financial institutions as the priorities; further increase the coverage of priority copyrightsupervision to include 3rd-party apps for smart mobile devices; focus attention on copyright supervision formusic websites, and continue with supervision of key news, television and film and literature websites andinfluential online sales platforms; actively push forward the establishment of copyright protection
cooperation mechanisms between copyright owners, organizations and online transaction platform
enterprises; further develop the public warning and disciplinary interview system to urge relevant website toimprove their self-discipline systems; and crack down on infringement upon the copyrights of standard
works.
[8]

SIPO prints and distributes the Guidelines for Building the Intellectual Property

Alliance Chinese[State Intellectual Property Office ]...The State Intellectual Property Office (SIPO) issued a notice on the distribution of the Guidelines for
Building the Intellectual Property Alliance on Apr 24, 2015. According to the Notice, intellectual property
alliances (IPAs) are industry development associations whose members are bound together by intellectual
properties based on coordinated IP utilization. An IPA is a community comprising two or more market
entities with highly correlated interests within the same industry voluntarily allied to safeguard the overall
interest of the industry and to provide specialized intellectual property services for business innovations. It is
an innovative organization aiming to drive coordinated industry development revolving around theintegration and strategic utilization of intellectual property resources. Organizational forms of IPAs include
corporate entity, social organization and cooperation organization. Objectives of IPAs are to strengthen
intellectual property related operations in key areas of the relevant industries, support business innovationsof member organizations and serve the needs of IP-based innovation and entrepreneurial projects.
[9]

SIPO releases the new Administrative Measures for Patent Agency Services

Chinese[State Intellectual Property Office ]...The State Intellectual Property Office (SIPO) announced the Administrative Measures for Patent Agency
Services via Decree No. 70 on Apr 30, 2015. The Measures comprise 46 articles, where the chapter onannual inspection of patent agencies and agents is deleted and replaced by the chapter on patent agency
service supervision and regulation. According to the Measures, patent agencies should submit the annual
report between Mar 1 and Mar 31 every year. The Measures would come into force as of May 1, 2015.
The Administrative Measures for Patent Agency Services issued by SIPO on Jun 6 2003 via Decree No. 30,
and the Decision to Amend the Administrative Measures for Patent Agency Services issued by SIPO on Mar
28 2011 via Decree No. 61 would be simultaneously repealed.

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Government Policies[1]

Trademark registration and certification of well-know trademarks no longer belong toadministrative approval items

Chinese[State Administration for Industry and Commerce ]7/9

...The State Administration for Industry and Commerce (SAIC) issued the Announcement on Amending
Relevant Approval Items (Gong Shang Ban Zi [2015] No. 75) on May 25, 2015. According to theAnnouncement, in pursuance with the Notice of the Inspection and Reform Office of the State Council on
Adjusting and Publicizing Approval Items in a Timely Manner (Shen Gai Ban Han [2015] No. 32), SAIC
need to adjust the following administrative approval items: trademark registration is adjusted from a
non-administrative licensing approval item to an item in administrative confirmation nature; well-known
trademark certification is adjusted from a non-administrative licensing approval item to an item inadministrative adjudication nature; special symbol registration is adjusted from a non-administrative
licensing approval item to an item in administrative confirmation nature; record-filing of special symbol
license contracts is adjusted from a non-administrative licensing approval item to an item in administrative
confirmation nature.
After being adjusted to other authority items, the aforementioned items no longer belong to administrative
approval items and are deleted from the SAIC administrative approval directory with immediate effect.

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Statistics[1]

Press conference on invention patents in China in 2014 held Chinese[State Intellectual Property Office ]...The State Intellectual Property Office (SIPO) held a press conference on Feb 11 on granting of invention
patents in China in 2014 and other relevant issues. In 2014, the SIPO processed an aggregate of 928,000
invention patent applications, up 12.5% year-on-year, marking the 4th consecutive year in which China
remained the largest invention patent contributor in the world; invention patents granted totaled 233,000, of
which 163,000 were domestic patents, up nearly 20,000 from the previous year. Of the total number ofdomestic invention patents, 89.6% or 146,000 were "on-the-job" inventions; and 10.4% or 17,000 were
non-service patents.
Invention patents in China in 2014 were characterized by: (i) patent ownership per million people reached a
new level – it reached 4.9 per million people as of end-2014, 1.6 higher than the target laid down in the "12thFive-Year Plan"; (ii) patent applications were significantly optimized structurally; (iii) the status ofenterprises was further consolidated as the main entities for intellectual property creation; (iv) the
distribution of patents within certain technical areas remain to be improved.

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Courts and Cases[1]

SPC issues the 10th batch of guiding cases Chinese[Chinacourt.org]...The Supreme People's Court issued the 10th batch of guiding cases via Fa [2015] Notice No. 85 on Apr 15,
2015. The 10th guiding cases include the lawsuit filed by Baidu Network Technology Co., Ltd. against
Tsingtao Osun Network Technology Co., Ltd. et. Al. over an unfair competition dispute (Guiding Case No.
45) and the lawsuit filed by Shandong Lujin Industrial Co., Ltd. against Juancheng County Lu-Brocade
Handicraft Co., Ltd. and Jining Lizhibang Home Textiles Co., Ltd. over trademark infringement and unfair
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competition disputes (Guiding Case No. 46) etc.
[2]

General Office of the SPC prints and distributes the 10 major IPR cases, 10 major innovative

IPR cases and 50 typical IPR cases in 2014 Chinese[Supreme People's Court ]...On Apr 14, 2015, the General Office of the Supreme People's Court (SPC) printed and distributed the 10
Major IPR Cases, 10 Major Innovative IPR Cases and 50 Typical IPR Cases Processed by Chinese Courts in2014 as Fa Ban [2015] Notice No. 55. The 10 major intellectual property right (IPR) cases processed by
Chinese courts in 2014 include the market dominance abuse dispute appeal [Supreme People's Court (2013)
Min 3 Zhong Zi Civil Judgment No. 4] between Qihoo Technology Co., Ltd. and Tencent Technology(Shenzhen) Co., Ltd.
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News
[1]

Shanghai customs publicly discloses details of the first IPR infringement case involving

imported FTZ goods

Chinese[cnstock.com]...On Apr 22, 2015, Shanghai customs publicly disclosed details of the first intellectual property right (IPR)
infringement case involving goods imported into the Shanghai Free-Trade Zone (FTZ). As disclosed,
Shanghai customs seized, at the Yangshan Port, 10,164 pairs of sports shoes printed with the "NIKE and thehook-shaped" trademark declared by a company for importation into the FTZ. It was confirmed by NIKE
International Ltd. that the goods infringe on its "NIKE and hook-shaped" trademark rights. The market valueof the seized goods is estimated to be over RMB 5 million through preliminary evaluation.
According to ZHENG Jugang, spokesman and deputy commissioner of Shanghai Customs, an importantreason for successful uncovering of the goods is the effective implementation of the Sino-European Customs
Intellectual Property Cooperation Action Plan 2014-2017. Under the Plan, Chinese and European customs
respectively designated several ports to participate in the cooperation plan, exchange information and risk
details relevant to the cases discovered via the inter-port network, and conduct joint risk analyses. As in thecase disclosed, the Shanghai customs and Hamburg customs (Germany) are both designated ports under the
Cooperation Action Plan.
[2]

7 new language versions added for the Chinese patent retrieval and service system Chinese[China Intellectual Property Rights Protection Website]...In an effort to meet the needs of foreign users, the State Intellectual Property Office (SIPO) added 7 newlanguage versions of the patent retrieval and service system, in addition to the original English version. The
newly added languages are Russian, Spanish, Portuguese, German, Arabic, Japanese and French. The newversions were officially launched on Apr 27.
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