2016 Chronicle of IP Events in China

By Bob Meng, China IP,[Comprehensive Reports]

  State Council: IP infringement will be included in the credit record in 2020
  In Severa l Opinions of the State Council on Accelerating the Construction of IP Power under New Situations issued by the State Council of China, five major measures are identified: push IP management system and mechanism reform; carry out stringent IP protection; facilitate IP creation and application; enhance overseas IP deployment and risk control in major industries; improve external IP cooperation.
  The 6th China IP International Annual Forum & 2016 Annual Conference of In-house IP Managers in China successfully concluded
  The 6th China IP International Annual Forum & 2016 Annual Conference of In-house IP Managers in China, jointly organized by China IP Magazine, China Daily IPR Channel and Hurrymedia Co., Limited was successfully held in Beijing from January 23 to 24, 2016. Themed with "IP Route and Strategy: Internationalization of Chinese Enterprises”, the 6th China IP International Annual Forum lasted for two full days, with a training program on the second day. It has invited distinguished guests and speakers including government officials, scholars, in-house IP managers, lawyers, practitioners from IP service agencies worldwide and had attracted approximately 400 IP practitioners.
  Either in participants or in topics setting, internationalization has become the most outstanding character of the 6th Annual Forum, which also made it different from the previous Annual Forums. Delegates from the US, the UK, France, Germany, Japan, Australia, Mozambique, Zimbabwe, Thailand, Indonesia, India attended the Forum.
  Alliance of Global Intellectual Property Service established
  Alliance of Global Intellectual Property Service (AGIPS) was established in the 6th China IP International Annual Forum on January 23, 2016 in Beijing, China. Initiated by China Intellectual Property Magazine and China Daily IPR Channel, AGIPS is a professional organization in IP service industry, voluntarily and jointly constituted by global IP service institutions, including IP legal service institutions, IP data service institutions, IP consulting institutions, IP appraisal institutions, IP media and industry research institutions. AGIPS aims to provide a global platform for IP service institutions on information exchange, experience sharing and business cooperation by organizing activities for mutual benefits with high quality service, especially for business tapping and expansion in China.
  China Intellectual Property Rights Aid and Report Complaints Network was launched online
  China Intellectual Property Rights Aid and Report Complaints Network (www.12330.gov.cn) is officially launched online, serving such functions as online application, acceptance, handling and feedback of IP rights aid and report complaints. The Network links to IP aid and report complaint management system which provides online acceptance, reply, handover, feedback and case information real-time statistics and analysis in respect of report complaints and aid cases and offers a national central entry for online submission of report complaints and aid application, so as to manage the national IP aid and report complaints on an integrated, intelligent and information-based basis.
  The Music Copyright Society of China collects more than 1 billion Yuan royalty fee for over 23 years
  In 2015, the Music Copyright Society of China collected 170 million Yuan royalty fee, higher by 24% than that in 2014, another record high. Over 23 years since its establishment, the Music Copyright Society of China has collected 1.06 billion Yuan of royalty fee for music copyright holders, which breaks the record of 1 billion Yuan. Among the royalty fee in 2015, the royalty fee for reproduction right, performing right, broadcasting right and information network communication right represents 5%, 41%, 23% and 27% respectively, and the remaining 4% is collected by overseas associations.
  The State IP Model Cities Work Plan 2016 was issued
  SIPO issued State IP Model Cities Work Plan 2016. The Plan defines three emphasis in work: strengthening reform and innovation effectively and practically; accelerating transformation of government functions; improving the quality of law-based administration of government. Besides, the Plan proposes eight specific tasks including formulating and implementing the "13th Five-Year Plan” in respect of urban IP.
  The State Council IP Strategy Implementation Inter-ministerial Joint Conference System was established
  In March, 2016, the State Council agreed to establish the State Council IP Strategy Implementation Interministerial Joint Conference System. The joint conference system has 31 departments and units, led by State Intellectual Property Office (SIPO). Under the leadership of the State Council, the joint conference is to coordinate the implementation of state IP strategy implement and the building of China into a great power through IP. The establishment of such a system helps strengthen macro guidance in the implementation of state IP strategy and the building of China into a great power through IP; study the major policies for indepth implementation of state IP strategy and further building of China into a great power through IP, and formulate the plan to implement state IP strategy; guide, urge and inspect the implementation of relevant policies and measures; coordinate to solve major problems arising from implementation of state IP strategy and the building of China into a great power through IP and so on.
  Four focuses in National IP Publicity Week 2016
  The Organizing Committee of National IP Publicity Week organized National IP Publicity Week 2016 during April 20~26, with the theme of "enhancing the application of IP protection, and accelerating the building of China into a great power through IP”. During the Week, the Organizing Committee determined four focuses in publicity work. First, publicize the extraordinary history, achievement and experience of IP system establishment, improvement and development in China. Second, publicize the major decisions and deployment of party committees and governments at all levels in enhancing IP protection. Third, publicize the policies and measures issued for IP quality improvement in China. Fourth, publicize state IP laws and regulations and the basic knowledge.
  White Paper on Judicial IP Protection issued by the Supreme People’s Court
  On April 21, the Supreme People’s Court issued White Paper on Judicial IP Protection 2015 and Annual Cases Top 10. According to Tao Kaiyuan, vice president of the Supreme People’s Court, the court will continue to work with relevant government organs in carrying out international IP dialogue and exchange, and push the reform and optimization of international IP-related governing rules. According to the White Paper, in 2015, the courts across China made positive efforts to perform their duty in respect of IP judicial trials, and the total number of IP cases concluded in the whole year exceeded 140,000, higher by 10% than that in the previous year.
  2016 utility patent application licenses of China breaks the record of 1 million
  According to SIPO, by the end of 2016, the number of China’s utility patent has reached 1.103 million, making China the third country that owns over one million utility patents after the US and Japan. The utility patent applications covered 40% of the whole patent applications in China, and among both applicants and licensees of China’s utility patent, enterprises exceeded 60%. It is sufficient to prove that patent creativity and application of China’s innovation subjects dominated by enterprises have kept improving, and that the acceptance, examination and approval of China’s patent also saw a full progress.
  China listed by the United States as preferred subject under observation in respect of IP for 27 consecutive years
  The Office of the United States Trade Representative (USTR) issued "Special 301” Report for the year 2016. According to the Report, China have taken numerous measures to push the reform on IP laws and regulations in the previous year, but China remains as the preferred subject in the Priority Watch Listby the United States in respect of IP. USTR issues the "Special 301 Report” with regard to the status quo of IP protection in world countries annually. The report for the said year addresses IP protection by 73 trade partners of the United States and the deliberations on the status of laws enforcement. As a result, 34 countries including China are incorporated in the "Priority Watch List” and "Watch List”. According to the Report, theft of trade secrets by China remains a deteriorating problem in trade field. The Report also points out that China is still the largest piracy market in the world. As a consequence, IP holders in the United States suffer great loss in the field of music, cartoon, books, journals, video games, software, etc. In addition to the problems in respect of general creations and counterfeit goods, China is one of the largest countries producing generic drugs. According to "Special 301” Report for the year 2016, 97% of the generic drugs seized at the US border in 2015 came from Chinese Mainland, Hong Kong, India and Singapore.
  The 2nd China IP Courts Forum was held in Beijing
  On May 12, "The 2nd China IP Courts Forum” was held in Beijing, focusing on hot issues concerning judicial IP protection. With the theme of "Judicial Trial and IP Values Realization”, this Forum arranged eight sub-topics: "Determining the Amount of Compensation for Damages and Realizing IP Values”, "IP Trial System and Mechanism Reform”, "Case Guidance System Construction”, "IP Law Community Construction”, "New Development of IP Protection”, "New Development of Trademark Protection”, "New Development of Copyright Protection”, and "New Development of IP Proceedings”, and invited experts and scholars from theory circle and practice circle for full discussion, with a view to providing helpful suggestions for China IP court construction and IP judicial trials.
  World Brand Lab published China 500 most valuable brands 2016
  World Brand Summit organized by World Brand Lab was held in Beijing on June 22. At the Summit, the China 500 Most Valuable Brands 2016 (the 13th session) analysis report was published. State Grid crowned with the brand value of 305,568 million Yuan. Among the top 5 are also Tencent (287,592 million Yuan), ICBC (274,832 million Yuan), China Life Insurance (253,628 million Yuan) and Haier (221,865 million Yuan). According to the report, the total value of China 500 Most Valuable Brands 2016 is 13,269,630 million Yuan, higher by 22.72% (2,456,474 million Yuan) than the previous year.
  Trademark registration applications in China rank No.1 for 15 consecutive years
  As the reform on commercial registration system achieves more and more results, the number of trademark registration applications in China is on a sharp rise and has ranked No.1 in the world for 15 consecutive years. In 2015, it is the first time to have achieved three numbers exceeding 10 million: total trademark applications, total trademark registrations and valid trademark registrations.
  Ten cities selected as pilot cities of IP operation service in key industries
  According to Notice on the Issue of Special Fund for Service Industry Development in 2016 (C.J. [2016] No. 402) and Notice of SIPO on Doing Well in IP Operation Service in Key Industries in 2016 (G.Z.F.G.H.Z. [2016] No. 111), the Ministry of Finance and SIPO approved totally 10 cities as pilot cities of IP operation service in key industries, including Hangzhou, Guangzhou, Changsha, Zhengzhou, Nanchang, Lanzhou, Suzhou, Chongqing, Qingdao and Xiamen. Each city is granted 40 million Yuan as special fund support by the central finance, which will be used to carry out IP operation service in key industries.
  Report on IP Environment in Countries or Regions along "the Belt and Road” Route and in Latin America Release Conference was grandly held in Beijing
  On July 14 , Report on IP Environment in Countries or Regions along "the Belt and Road” Route and in Latin America Release Conference was grandly held in Beijing. At the conference, SIPO issued Overview of IP Environment in Countries or Regions along “the Belt and Road” Route and in Latin America as well as Directory of IP Service Firms in Countries or Regions along "the Belt and Road” Route and in Latin America. Among them, the Overview has 10 volumes, involving countries or regions such as India, Russia, ASEAN, Central Asia, Middle East, Central and Eastern Europe, Latin America, etc., and covering 47 countries along the route of "Belt and Road Initiative”and 11 Latin American countries. The Directory includes the basic information and contact information alike of the competent IP authority and well-known IP service agencies of all the countries along the route of "Belt and Road Initiative”.
  North China IP Operation Center will be established in Tianjin
  Tianjin Municipal Government, SIPO, Beijing Municipal Government and Hebei Provincial Government signed the Agreement on the Cooperation and Consultation Mechanism for IP Promoting the Collaborative Development in Beijing, Tianjin and Hebei, marking the official establishment of "One Office, Three Regions” cooperation and consultation mechanism for IP promoting the collaborative development in Beijing, Tianjin and Hebei. The "One Office, Three Regions” IP cooperation and consultation mechanism will focus on becoming a model of crossregional integrated IP protection, a leader of collaborative IP operation and a pioneer of IP leading high-end industrial development.
  It takes 31 months for the first sound mark in China to get registered successfully
  The registration certificate for trademark application of "CRI Radio Program Opening Song” was officially issued as the first successfully registered sound mark in China, marking the new era in the field of trademark registration in China. As the opening song for the radio program of CRI, the sound mark with the total length of 40s was put into formal use from July 1, 1998. Compared with other traditional trademarks, the uniqueness of sound mark also means that the traditional measure for trademark protection is inadequate to protect sound marks.
  The English trademark of Warrior sneakers was registered by an American company
  Warrior sneakers, which have disappeared from the scene at one time, became the favorite of Hollywood stars. Shanghai Warrior Sneakers in transformation was thus inspired. Shanghai Warrior Sneakers would open up overseas market, only to find its English identity "WARRIOR” was registered by an American company as a trademark in European and American area. As Chinese enterprises quicken their pace to "go global”, it is increasingly risky for trademarks to get registered in overseas countries. In order to avoid such events, Chinese enterprises shall enhance their awareness of brand protection and carry out trademark deployment in overseas countries at an earlier time.
  High - level Conference on Intellectual Property for Countries along "the Belt and Road” was held
  In July 21, 2016, High-level Conference on Intellectual Property for Countries along "the Belt and Road” was held in Beijing. During the meeting, "the Belt and Road” IP roundtable was held, where the present IP agencies from different countries shared the vision of enhancing IP cooperation and formed the exchange and cooperation in enhancing IP laws and regulations, policies and strategies; efforts are made to support IP agencies from different countries to enhance capacity building, provide IP users with convenient, efficient, beneficial and affordable services, and help them better make use of IP systems, as well as some other cooperation initiatives. The High-level Conference on Intellectual Property for Countries along "the Belt and Road” helps push the construction of global IP system and is very significant for IP undertaking development and economic prosperity in the countries along the route of "the Belt and Road”.
  The State Administration for Industry and Commerce takes measures to push the facilitation of trademark registration
  On July 25, Opinions of State Administration for Industry and Commerce on Strengthening Trademark Registration Facilitation Reform was issued officially, with more efforts to be made to push trademark registration facilitation reform. The Opinions are divided into 6 parts and 22 reform measures are presented from 5 aspects. The paper focuses on five current conditions that must be changed and figures out rational reform measures. Oriented at addressing the problems arising from trademark registration and management and with achievement of trademark registration facilitation as the mainline, reform is made by broadening the channels of trademark application, simplifying formalities, improving trademark review mechanism, enhancing trademark credit monitoring, etc., so as to further facilitate trademark registration application for applicants and continuously improve the quality of public trademark service.
  SIPO issued National Patent Survey Data Report for the first time
  SIPO issues National Patent Survey Data Report 2015. According to the survey data report, the implementation rate of valid patents for invention in China reaches 50%. Among them, patents are highly utilized in enterprises, while patents are utilized in colleges mainly by means of transfer; it is hard to make it industrialized. Most of patentees in China are dissatisfied with the current patent protection, and they think it necessary to make more efforts on patent protection. In recent years, the percentage of patentees who suffer patent infringement is significantly declining, but they hope the patent management authority can make vigorous efforts to actively investigate and treat infringement act. The investigation covers patent creation, application, protection, management and service, as well as obtaining mass of immediate data.
  SIPO launched patent right pledge financing and patent insurance pilot and demonstration work
  SIPO has made a decision to carry out patent pledge financing and patent insurance pilot and demonstration work in 72 regions and units including Guangzhou for 3 years as of August, 2016. The list of patent right pledge financing units decided this time includes 11 regions and units including Guangzhou; the list of patent insurance demonstration units includes 9 regions and units including Nanjing. The list of patent pledge financing pilot units includes 40 regions and units including Qingdao; the list of patent insurance pilot units includes 12 regions and units including Yantai.
  China ranks among top 25 in Global Innovation Index
  On August 15, WIPO published Global Innovation Index 2016. In this ranking, China ranks among the 25 most innovative economic entities, better than the previous by 4 places. Among 82 evaluation indexes, China ranks No.1 in the world in hi-tech export share, knowledge based staff, 15-year-old teenagers capability (reading, math and science) assessment, corporate training, etc., and China is significantly advantageous in global corporate research input, knowledge and technology output, intangible assets, etc. According to WIPO, China’s ranking among top 25 marks the first time for a middle-income country to rise as a developed economic entity.
  Patent Cross-license Agreement signed between Lenovo and Microsoft
  Microsoft and Lenovo have declared to deepen cooperation. Lenovo will provide pre-installed Office, OneDrive, Skype and other productivity application on some devices with Android OS. Besides, Lenovo will cross-license some device patents with Microsoft. The global shipments of such Android devices is expected to reach millions of sets in a few years to come. The partnership between Microsoft and Lenovo is thus enhanced, including patent cross-license agreement covering Lenovo and Motorola devices. In recent years, similar agreements have also been concluded by Microsoft, Asus, Samsung, LG, Xiaomi and other mobile phone manufacturers.
  China International Patent Fair 2016 was held in Liaoning
  On September 9, the 10th China International Patent Fair 2016 & IP Protection and Innovation Highlevel Forum opened in Dalian. More than 1500 people from domestic and foreign delegations attended this 3-day fair. The fair was organized by SIPO and the People's Government of Liaoning Province, sponsored by the People's Government of Dalian City, with the theme of "public entrepreneurship, mass innovation” and focusing on "innovation, coordination, green, open and sharing”. Exhibitors were from 24 countries and regions including Russia, the United States and Britain. This fair was made of two major parts: exhibition and display; theme activity series.
  Ma Hao elected as President of AIPPI
  During September 16-20, AIPPI World Congress 2016 was held in Milan, Italy. On September 19, AIPPI elected Mr. Ma Hao from China as the new president. He is also the highest Chinese principal over 120 years since the establishment of this association. Ma Hao has been for a long time engaged in IP commercial law. He was elected as Vice President of AIPPI in 2014, and currently he is Member of State Intellectual Property Expert Consultation Committee, Member of SAIC Market Regulation Expert Consultation Committee, etc. The election of Ma Hao as President of AIPPI is significant for IP development in China and in the world at large.
  China Reading Limited as an exhibitor of 2016 CICF escorting on the road to literature IP development
  On September 30, China Reading Limited with many of its well-known IP came as an exhibitor of 2016 CICF, for the 6-day exhibition. In this activity, China Reading Limited strived to build a unique magic town and unfolded a world of magic for the audience. Besides, theatrical activity, Guests Autograph Session, Cartoon First Look and Fans Meeting in relation to works including Fighter of the Destiny, Full-time Master, Battle Through The Heavens, Dou Zhan Kuang Chao and Nuwa Growth Diary were very popular among fans; they set off the enthusiasm of the audience and became a huge success in this cartoon event.
  Special rectification action in respect of patent agency is going on in China
  SIPO issued Notice on Special Rectification Action in respect of Patent Agency, requiring to implement special rectification action in respect of patent agency across China to normalize professional conduct of patent agency. This special action aims to crack down somebody giving his patent agent certificate to whoever else needs it on a paid basis. Measures are taken to emphatically rectify the act of borrowing or renting the patent agent certificate for the declaration of patent agency registration certificate, the act of a professional patent agent collecting his pay without doing substantial work in the patent agency and the act of renting, lending or transferring the patent agency registration certificate to others to conduct the aforesaid act. Such acts verified to true with minor circumstance shall receive critical education and make rectifications within a time limit; when such acts have serious circumstance and where the actor refuses to make rectifications, the actor shall be given a warning and criticized in a circulated notice, or a request is to be filed to revoke the patent agency registration certificate or patent agent certificate. Besides, this special action will take measures to emphatically rectify the act of carrying out patent agency business only for business purpose by those without patent agent practice license and the act of abnormal patent application agency.
  Nokia applies for the sound mark of its start-up tone in China
  Nokia’s application for the sound mark of "Nokia Tune” in Category 9 Electronic Devices has been reviewed and is coming into the announcement period. The sound mark is the Nokia start-up tone very familiar to all of us. After the review, Nokia has the sound mark of "Nokia Tune” registered in various categories, including Category 38 Communications, Category 25 Clothing and Category 12 Transportation Vehicles, and so on.
  Beijing Intellectual Property Court clearly stipulates for the first time the WeChat public account is incorporated into the scope of protection for the transmission right ofinformation through network
  TVM provided onl i n e play service of Episode 1 and 2 of the involved TV play through WeChat public account "TVM Yangguang Weidianshi” under its control. As the Court of First Instance affirmed, TVM infringed upon the right to exclusive use of the right of communication through information network for the involved TV play. TVM refused to accept the decision and appealed to Beijing Intellectual Property Court. After the trial, the court held that an indefinite WeChat user follows a WeChat public account and becomes a subscriber of this public account; the WeChat public account can send text, photos, voice, video and the like to communicate and interact with this relatively definite group. The aforesaid act of TVM was to provide video play service to subscribers of WeChat public account through information network, namely the act of communication through information network. Beij ing Intellectual Property Court clearly stipulates that the WeChat public account is incorporated into the scope of information transmission through network stated in the Copyright Law.
  A court session for the case of Xinhua Dictionary Trademark Right and Unfair Competition was opened
  On October 20, Beijing Intellectual Property Court opened a court session for the trial in which the plaintiff the Commercial Press took the defendant Sinolingua to court for infringing upon trademark right and for unfair competition. According to the plaintiff, the defendant Sinolingua, without permission, produced and sold Practical Xinhua Dictionary (New Edition), Practical Xinhua Dictionary (Revised Edition) and the like in the name of "Xinhua Dictionary”, and the packaging decoration of some dictionaries of Sinolingua were highly similar to Xinhua Dictionary (Edition 11), which caused significant confusion in the market. The Commercial Press appealed to the court, requesting a decision that Sinolingua should immediately stop infringing upon "Xinhua Dictionary”as an unregistered famous trademark, be prohibited to use the trademark the same as or similar to "Xinhua Dictionary”, immediately stop the unreasonable conduct, eliminate ill effects and compensate to the plaintiff for the economic loss of 3 million Yuan and all reasonable fees of 400,000 Yuan. Besides, the Commercial Press requested the court to hold "Xinhua Dictionary” as an unregistered famous trademark.
  China Patent Acceptance and Preliminary Review System was released online
  In order to further optimize the process and method of patent application acceptance, preliminary review and formalities handling, and improve the intelligent level of fullprocess patent application and patent review in China, SIPO has developed China Patent Acceptance and Preliminary Review System, which was launched online on October 22, 2016. This system optimizes the existing preliminary patent review business process, upgrades the electronic application client, and adds a new electronic application online business handling platform. This platform enables users to experience more accurate business handling, faster formalities handling and easier submission, etc.
  The 1st China Intellectual Property Judges Forum was successfully held in Beijing
  On October 25, the 1st China Intellectual Property Judges Forum - "Standard of Communication through Information Network” organized by China IP was successfully held in Beijing. Chen Jinchuan, president of Beijing Intellectual Property Court, and Zhang Jizhe, editor in chief of, China IP, attended the activity and delivered a speech. Rui Songyan, judge of Beijing Intellectual Property Court, delivered a keynote speech focusing on the "Standard of Communication through Information Network”. The seminar among guests as part of this forum was hosted by Li Mingde, professor of Intellectual Property Center of Chinese Academy of Social Sciences. More than 150 guests and persons from enterprises and institutions were present, including Prof. Zhang Ping from Peking University Law School, Prof. Wang Qian from Intellectual Property School of East China University of Political Science and Law, vice director Duan Yuping from National Copyright Administration Copyright Management Division, presiding judge Jiang Ying from first tribunal of Beijing Intellectual Property Court, director Yang Yong from Network Enforcement Division of Shanghai Cultural Market Administrative Enforcement Troop, vice director Bi Chunli from China Academy of Information and Communications Technology (CAICT), senior counselor Wang Gang from BSA Software Alliance, expert counselor Diao Yunyun from Legal Affairs Department of Tencent; they held discussion on the topics such as "Different Standards of Communication through Information Network and Analysis on the legitimacy of Network Service Provision in respect of each Standard”, "Analysis on the Legal Nature of In-depth Link Behavior and Video Aggregation Service”, "Analysis on the Legal Nature of Communication of Works beyond the Permitted Scope”, "Analysis on the Legal Nature of Network Division of Labor beyond the Permitted Scope” and "Legal Nature of Destroying Technical Measures and its Relations with In-depth Link Behavior”.
  State Administration for Industry & Commerce: Any act of forestalling to register trademark maliciously or registering trademark in disguise of famous brand will be incorporated in the credit record
  On October 28, the 3rd China Brand Economy Summit was held. As Liu Junchen, vice director of State Administration for Industry and Commerce, revealed in the keynote speech, the State Administration for Industry and Commerce is strengthening trademark credit regulation, exploring how to implement the mode of "Internet+ Regulation ”, incorporating such information as trademark infringement and forgery and trademark agency violations into National Enterprise Credit Information Publicity System, establishing and improving the credit record of trademark agency and employed persons. On an integral and honest basis, efforts are made to improve the confirming right mechanism for tackling large-scale forestalling to register trademark maliciously. In addition, the Trademark Office will make more efforts on online trademark application, open trademark database, extend online applicants from only trademark agency to all applicants, and expand from only online trademark registration application to trademark renewal, transfer, cancellation, changes, and other trademark businesses.
  China Trademark Festival came to a close
  On October 30, 2016 China Trademark Festival & Chinese Brand Expo came to a close in Kunshan, Jiangsu. This Festival attracted tens of thousands of people and nearly 500 enterprises as exhibitors. With the theme of "Driven by Innovation and Led by Brand”, a series of colorful activities were held during this Festival, such as 2016 China Annual Trademark Meeting, Chinese Brand Expo, Trademark Brand Culture Exhibition, Member Enterprise Trademark Culture Exhibition, etc. This festival fully reflected trademark culture and brand connotation, summarized the experience of trademark brand strategy, and discussed on how to enable Chinese enterprises and Chinese brands to expand abroad.
  The review process for Patent Agency Service Standard has been completed
  National Technical Committee on Knowledge Management Standardization organized Patent Agency Service Standard GB Review Panel. At the panel, the review experts unanimously passed Patent Agency Service Standard (Draft for Review), and proposed the drafting group to submit it to the Standardization Administration of China for approval as soon as possible. It is known that Patent Agency Service Standard has 10 chapters, focusing on scope, terms and definitions, general provisions, management requirement, etc.
  Opinions of the CPC Central Committee and State Council on Improving the Property Protection System for Property Protection According to Law was officially published
  On November 27, the Opinions of the CPC Central Committee and State Council on Improving the Property Protection System for Property Protection According to Law was officially published. The Opinions will improve the legal upper compensation limit of IP infringement according to law, and explore how to establish the punitive damages system against infringement upon such IP as patent right and copyright; implement punitive damages for malicious infringement with serious circumstance, and the infringer shall bear the fees reasonably paid by the right holder for stopping the infringing act. Explicit requirement for IP protection are provided at legal system level. The purpose is to improve IP trial work mechanism, give active play to the role of IP court, push the three-in-one trial system of IP-related civil case, criminal case and administrative case, and strengthen IP judicial protection. Efforts are made to improve foreign IP enforcement mechanism and investigate into foreign IP crime cases. Stipulations are also provided in terms of integrity and credit record.
  The Supreme People’s Court issued Opinions of the Supreme People’s Court on Fully Serving the Trial Function and Practically Enhancing IP Judicial Protection
  On November 29, the Supreme People’s Court issued Opinions of the Supreme People’s Court on Fully Serving the Trial Function and Practically Enhancing IP Judicial Protection. According to the Opinions, those who commit IP crimes shall be punished according to law, and more efforts shall be made on IP protection. IP judicial protection shall follow the basic policy of "justice dominance, rigid protection, classified policy implementation and harmonious proportion”, strengthen protection and push the building of China into a great power through IP. Take vigorous part in the work of law revision, and facilitate the improvement of punitive damages system against IP infringement. Issue judicial interpretation and guiding cases in due time, and lawfully promote the application of punitive damages system by eliminating infringement evidence obstacles and reasonably assigning burden of proof of the involved party. Try the trademark infringement case according to law, and enhance brand reputation protection. Try the dispute cases arising from repression of unfair competition, and break industry monopoly and market segmentation. Punish IP crimes according to law, and strengthen efforts to punish chain-type and industrialized IP crimes. With regard to strengthening the construction of IP judicial protection mechanism, give full play the demonstration and guiding function of IP courts in Beijing, Shanghai and Guangzhou, accelerate the construction of detached IP tribunal, explore the establishment of appellate IP court, and improve IP trial system and mechanism. Push the three-in-one trial system of IP related civil case, criminal case and administrative case, and improve the overall efficiency of IP judicial protection. Implement the centralized jurisdiction of technical IP cases in Beijing, Tianjin and Hebei, and deploy the jurisdiction of IP cases in nationwide courts on a reasonable basis, and improve the level of IP judicial protection.
  SIPO issued Several Opinions on Improving the Stringency of IP Protection
  On November 29, SIPO issued Several Opinions on Improving the Stringency of IP Protection, in order to deeply implement the deployment of IP protection stringency decided by the CPC Central Committee and State Council and execute the Opinions of the CPC Central Committee and State Council on Improving the Property Protection System for Property Protection According to Law. The Opinions issued by SIPO focuses on the central task of China to promote economic and social development, gives attention to pushing the building of China into a great power through IP, proposes measures to improve the stringency of patent protection and embodies the protection ideas of IP; value policy innovation, make positive efforts on thinking innovation, concept innovation and policy innovation in the current frame of system, and expand the content and method of in-event and post-event regulation of patent protection, strengthen efforts to crack down infringing and counterfeiting acts, improve the case handling efficiency with patent law enforcement, push investigation and evidence collection, promote coordinated work of authorization, confirmation and protection of right, expand the channel to provide patent protection through public service, deepen social governance in patent protection, strengthen international cooperation in patent protection; attach importance to systematic advancement, place emphasis on breakthrough at key points, lay stress on the systematicness, wholeness and compatibility of the measures in improving the stringency of IP protection, at the same time, deepen relevant policies and measures in key fields and key links, underline patent protection in major livelihood related fields such as food and drug, environmental protection and safe production and at key points such as Internet, exhibition, import and export. The Opinions proposes 33 measures to improve the stringency of patent protection: comprehensively strengthen patent protection regulation, quicken the building of quick collaborative protection system, push complementary advantages between administrative enforcement and civil protection, deepen aid and report complaint mechanism, enhance information publication and social credit system construction, actively expand enforcement exchange and cooperation, enhance institutional guarantee, and so on.
  The Session of CPC Central Committee Leading Group for Deepening Reform Comprehensively reviewed and adopted the Overall Plan for the Reform Pilot of Comprehensive IP Management
  On December 5, the 30th Session of Central Leading Group for Comprehensively Deepening Reforms reviewed and adopted the Overall Plan for the Reform Pilot of Comprehensive IP Management. Xi Jinping, General Secretary of the CPC Central Committee, State President, Chairman of the Central Military Commission and Leader of the CPC Central Committee Leading Group for Deepening Reform Comprehensively, gave a keynote speech. The session reviewed and adopted the Overall Plan for the Reform Pilot of Comprehensive IP Management. As this session stressed, in order to carry out the reform pilot of comprehensive IP management, attention shall be given to the requirement of development through innovation, give play to the guiding function of such IP as patent, trademark and copyright, open through the full chain of IP creation, application, protection, management and service, establish an efficient comprehensive IP management system, construct a convenient IP public service system for the benefit of people, explore the IP operation mechanism supporting development through innovation, and push the building of system and mechanism with clear-cut boundary of power, rational division of labor, consistency of duty and power and efficient operation.

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