Government

China IP,[Comprehensive Reports]

Shanghai Pudong New Area Peoples Court Intensively Sentences 6 IP Criminal Cases
On January 11, Shanghai Pudong New Area People’s Court sentenced 6 IP criminal cases among which 1.1 million counterfeit regist red trademark logos were confirmed. From 2015 to 2017, IP Tribunal of Shanghai Pudong New Area People’s Court accepted 11.7 thousand cases and concluded 11.5thousand cases and the amount of accepted and concluded cases accounts for about 40% of IP cases for the first instance in Shanghai Municipality.The court will further coordinate and crack down the work of infringing IP and manufacturing and selling counterfeit commodities, and strengthen IP judicial protection.
 
Trademark Office Issues Application Guidance of the Category and Name About Commodity Service
On January 2, to help applicants apply the category and name of commodity and service item when apply trademark registration, Trademark Office of The State Administration for Industry &Commerce of the P.R.C. enacted Application Guidance of Commodity and Service Item for Trademark Registration and issued it.Applicants can check it on the Section on Commodity and Service Category belonging to Trademark Registration Column on China Trademark website. The Guidance contains many detailed aspects,such as application principles of the category of commodity and service item and application basic requirements and notes of the name of commodity and service item.
 
Copyright Online Mediation Platform Launches Officially in January
On Jan 24, Copyright Online Mediation Platform opening ceremony held successfully and Duan Guijian, director of Copyright Protection Center of China etc. attended it. Copyright Online Mediation Platform is a "Internet+Mediation" public service platform in the fieldof IP protection which fully plays professional advantages of the Law Branch of China Information Industry Association, Copyright Protection Center of China and China Justice Big Data Institute in many aspects such as technology,copyright public service and justice data. The process of mediation also makes influence on law announcement which can promote enterprises to increase copyright awareness and copyright management level.
 
The Supreme Peoples Court Issues Typical Cases of Protecting Property Rights and Entrepreneurs Rights and Interests
On Jan 30, the Supreme People’s Court held a News Conference issuing 7 typical cases (the first batch) of the court fully playing the role of adjudicatory function to protect property rights and entrepreneurs’ legal rights and interests. These cases are guidance and reference of national courts to protect property rights and entrepreneurs’ legal rights and interests, which shows clear demonstration effect and active push to create a harmonious legal environment of protecting property rights and entrepreneurs’ legal rights and interests.
 
China's First National Specification of Standardizing Patent Agency Service Carries out Officially
Since Jan 1, 2018, drafted by SIPO, All-China Patent Attorneys Association, IP Office of Jaingsu Province, IP Research Center of Jiangsu Province, Specification for Patent Agency Service (Standard No. GBT34833-2017) (Specification)was officially carried out which is the first national specification of standardizing patent agency service. The Specification stipulates service general principles,management requirements,management of institutions information, service requirements and evaluation of patent agencies etc. Under the current situation,it is meaningful to enact and carry out the Specification for improving management ability of patent agencies, promoting service quality of patent agencies and standardizing market order of patent agencies service.
 
Launch of IP Key China Project to Support EU Firms Doing Business in China
On Jan 17, launched by Ministry of Commerce of P.R.C. and EUIPO in Beijing, IP Key project stresses to protect IP, strengthen importance of IP legislation and enforcement. This activity of joining hands between China and Europe will further deepen innovative and economical cooperation. Leaded by European Commission, IP Key project aims to provide cooperation platform for EU and its cooperation partners, so as to create a stable, transparent and fair international IP environment. During the process of enforcement,the project will pay much attention to promoting the unification of IP protection legislation and enforcement standard on both sides and providing information service for enterprises.
 
The Supreme People's Court Issues Notice to Fully Play the Role of Adjudicatory Function
On January 2, the Supreme People's Court issued Notice on Fully Playing the Role of Adjudicatory Function to Create Harmonious Law Environment for Innovation and Start up of Entrepreneurs (Notice). It requires all people's courts should deeply carryout the spirit of 19th National Congress of CPC and play the role of adjudicatory function, protect entrepreneurs' legal interest equally according to the law. The Notice stresses that we should protect IPR (intellectual property right) and independent operation right of entrepreneurs, gradually improve the judicial policy of safeguarding entrepreneurs' legal rights and interests, strengthen entrepreneurs' awareness of protecting rights and interests and operating legally. In the process of enacting judicial policy and judicial interpretation, we should also take entrepreneurs' suggestions.
 
SIPO Commissioner Further Communicates With WIPO on IP Creation
On January 15, Shen Changyu, Commissioner of the State Intellectual Property Office of PRC (SIPO) met John Sandage, Deputy Director General of the World Intellectual Property Organization (WIPO). Shen updated the WIPO guest on SIPO's new achievements and developments in IP creation, protection,utilization, management and international cooperation, reviewed cooperation between SIPO and WIPO, especially in strengthening cooperation along "Belt and Road". Sandage expressed congratulations to achievements made by China and looked forward to strengthening cooperation with SIPO in PCT promotion, IP arbitration and mediation, capacity building toward developing countries and countries along the "Belt and Road" and personnel exchange.

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