China IP Magazine Weekly Newsletter (April 19-25, 2021) --- China Intellectual Property

China IP Magazine Weekly Newsletter (April 19-25, 2021)
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Awards list | 2021 China IP Managers Annual Conference Award Ceremony
获奖名单 | 2021中国知识产权经理人年会颁奖盛典

On the evening of April 17, "The 11th China IP New Year Forum and 2021 China IP Managers Annual Conference Award Ceremony" was held grandly in the St. Regis Hotel Beijing.

The award ceremony announced "China's Outstanding IP Manager of the Year 2020", "China's Outstanding IP Service Team of the Year 2020", "China's Emerging IP Service Team of the Year 2020", "China's Outstanding Enterprise IP Management Team of the Year 2020", "Recommendation of International IP Service Organizations of the Year 2021" and "2020" "And" IP Influential Person in China ".

For more exciting moments of the annual conference, please scan the QR code above or click to read the original article!

Date: April 20, 2021

Source: China IP Magazine





The central government announced the rectification of the China National Intellectual Property Administration

On June 30, the Second inspection group of the CPC Central Committee conducted a routine inspection of the Leading Party Members' Groups of the Intellectual Property Office. On August 20, 2020, the CPC Central inspection group reported the inspection opinions to the Party Leading Group of the Intellectual Property Office. The rectification has the following key points:

Second, we will continue to make strict and concrete reforms to ensure that the comments and corrections made in the central government's inspections are fully implemented

  1. So far, 68, or 76 percent, of the 89 rectification tasks have been completed, and other rectification tasks are in progress. The rectification tasks involved the formulation or revision of 27 systems at bureau level or above, of which 24 have been formulated or revised and issued, and the remaining three systems are progressing steadily in accordance with the completion time specified in the task division and the list of responsibilities.
  2. By the end of 2020, the examination period for high-value patents has been reduced to 14 months, the overall examination period for invention patents has been reduced to 20 months, and the average examination period for trademark registration has been reduced to 4 months, which is more than half of that at the beginning of the 13th Five-Year Plan. The examination quality improved steadily, with the completion accuracy rate of invention patent examination reaching 92.2 percent, and the acceptance rate of sample examination of trademark registration reaching 96.7 percent.
  3. Strengthen the control of low-quality patent applications and low-quality trademark applications. In 2020, 14,600 applications for malicious trademark registration that were not intended for use were rejected according to law. Local governments are urged to optimize relevant policies to avoid improper funding. Strengthen positive publicity and guidance, and create a good environment for high-quality development of patents and trademarks in the whole society.

Leading Party Members' Group of the National Intellectual Property Administration of the CPC

April 20, 2021

Source: Website of the Central Commission for Discipline Inspection and National Supervisory Commission

Original Link:



1. 截至目前,中央巡视反馈意见89项整改任务已完成68项,占76%,其他整改任务正在持续推进中。整改任务中涉及制定或修订局级及以上层面制度27项,其中24项已制定或修订完成并印发,其余3项制度基本按照任务分工与责任清单中明确的完成时限稳步推进。

2. 截至2020年底,高价值专利审查周期压减至14个月,发明专利审查周期整体压减至20个月,商标注册平均审查周期缩短到4个月,较“十三五”初期压减一半以上。审查质量稳中有升,发明专利审查结案准确率达到 92.2%,商标注册审查抽检合格率达到 96.7%。

3. 加强对低质量专利申请和劣质商标申请的管控。2020年,共依法驳回不以使用为目的的商标恶意注册申请1.46万件。敦促地方优化相关政策,避免不当资助。强化正面宣传引导,在全社会营造专利、商标高质量发展的良好环境。





Beijing released the top 10 typical cases of IPR enforcement in 2020

The reporter learned from Beijing market supervision bureau, Beijing on April 21 released the top ten typical cases of IPR enforcement in 2020. It mainly involves trademark infringement, counterfeiting of patents, infringement of exclusive rights, malicious registration and other acts, and has continuously strengthened the enforcement of IP.

The 10 cases are mainly related to cases of exclusive use of registered trademarks, cases of malicious registration of trademarks, cases of selling counterfeit patented products and cases of unauthorized production. Among them, without permission in the third class medical equipment production, the production of medical device registration certificate against the third class medical instrument case, Beijing good embellish biological technology co., LTD. Has not obtained the production license and registration certificate of medical equipment, engaged in production activities of nucleic acid detection kit kit involved value 82000 yuan. Relevant authorities ordered him to immediately stop his illegal activities, confiscated 38,000 yuan of illegal income and fined him 1.23 million yuan.

It is reported that the notified cases include a number of products with exclusive rights to registered trademarks, showing the characteristics of using online platforms such as takeout platforms, live streaming platforms and online shopping platforms to sell "labeled" fake goods. All the parties were ordered to correct within a time limit, fined, confiscated illegal income and other severe punishment.

(Source: Xinhua News Agency)




  (来源: 新华社)

Toutiao filed a lawsuit against today fried dough sticks, Claim for 2 million yuan!

Today's Toutiao vs. Today's Youtiao, what's the connection between the two? The name is just a word away. Is it a free ride, a hot ride or "pure coincidence"?

In response, Beijing Bytedance Technology Co., Ltd. (hereinafter referred to as "Bytedance"), a subsidiary of Toutiao, alleges infringement of trademark rights and unfair competition. Will be twisted dough-strips henan today catering management co., LTD. (hereinafter referred to as the Fried dough sticks) today, and zhengzhou jinshui district today twisted dough-strips breakfast (hereinafter referred to as the Fried dough sticks breakfast today), henan barbecue food co., LTD. (hereinafter referred to as the roasters company) to the court, and to stop infringement ACTS of unfair competition, eliminate the influence, and claims 2 million yuan.

Today, the case is heard in the Guangzhou Intellectual Property Court. Toutiao said the court did not agree to the mediation.
In the court hearing, whether "Today's Fried Tiao" constitutes infringement and unfair competition has become the focus of controversy in the court hearing.

Source: Guangzhou Daily






Sentence! "Strict selection" has nothing to do with Weiya and constitutes unfair competition

April 21, 2021

With a bang of the judge's gavel, the hotly debated Viya v. Viya Strictly Select unfair competition case closed today in the Binjiang Court Circuit Court on the second floor of the Binjiang Intellectual Property Building in Hangzhou.

The Binjiang Court ordered the defendant Weiya Yanxuan Company to immediately stop using the company name containing the word "Weiya" and change the company name registration; Immediately cease any other acts of unfair competition involving the use of the word "Weiya" in its production and business activities (including the use of the word "Weiya" in the nickname, profile picture and personal profile of its Douyin account); In the Southern Metropolis Daily published a statement, publicly apologized to the plaintiff Weiya, for the plaintiff to eliminate the influence; To compensate the plaintiff for economic losses of $300,000 and reasonable expenses of $101,000 for stopping infringement.

Source: Hangzhou Court





Tesla releases data

April 23, 2021

After the incident of protecting the rights of Tesla's female car owner, Tesla responded under external pressure on April 21 that it was willing to provide the original data of the car half an hour before the incident to a third-party appraisal agency or a government-designated technical supervision department or consumers.

According to the official WeChat ID news on the 22nd, Tesla provided the reporter of the China Market Regulatory News with the data of one minute before the accident and made a text explanation.

In addition, regarding the condition of the vehicle in the 30 minutes before the accident, Tesla stated that in the 30 minutes before the accident, the driver drove the vehicle normally and pressed the brake pedal for more than 40 times, while the vehicle exceeded 100 km/h and brake for many times.

Tesla officials said that they will fully cooperate with the regulatory authorities to carry out in-depth investigations and open up to public supervision.

(Source: China Market Regulatory Journal)







The annual number of copyright-related cases received by the Beijing Internet Court remained at 30,000
北京互联网法院涉著作权案年收案量维持3万件 处于持续高位

Apirl 21, 2021


The Beijing Internet Court announced on April 20, 2021 that since its establishment in 2018, the annual number of copyright-related cases has been maintained at about 30,000, with the number of cases remaining at a high level and infringement disputes showing a trend of frequent occurrence.

Zhao Ruigang, vice president of the Beijing Internet Court, said at a press conference on the same day that the court had accepted 28,946 copyright cases in 2020 and concluded 27,925, or 96 percent of the total. In terms of the way of settlement, 21,714 cases were settled by mediation or withdrawal, accounting for 78%. Judgments and other means were used to settle 6,211 cases, accounting for 22%, with obvious results in resolving disputes.

From the perspective of the types of works involved, the copyright cases accepted by the Academy mainly involve photographic works, fine arts works, audio-visual works, text works, music works, etc. Among them, the number of cases involving photographic works, text works and audio-visual works ranked the top three, accounting for 52%, 20% and 18% respectively.

In terms of the types of rights involved, 28,604 cases, accounting for 99%, were mainly related to the right to spread information through networks. In addition, some cases also involve the right of authorship, reproduction, broadcasting and other rights.









Intel Wins Trial Over Chips, Dodging $1 Billion-Plus Blow

April 22, 2021


Intel Corp. ducked getting hit with another multibillion-dollar damage award after a federal jury in Texas cleared it of claims it was infringing patents formerly owned by NXP Semiconductors NV on ways to speed up computers.

Intel doesn’t infringe two patents owned by closely held VLSI Technology LLC, according to the federal jury in Waco, Texas. The trial was held in the same courthouse where a different jury toldIntel to pay VLSI $2.18 billion over other patents last month.

This was the second of three trials in suits VLSI lodged against Intel over patents that until early 2019 were owned by Dutch chipmaker NXP Semiconductors. A third trial, also before U.S. District Judge Alan Albright, is scheduled to begin in June.

Read More:Texas’ Distanced Juries Hit Big Tech With $3.7 Billion of Awards

In the most recent trial, VLSI was seeking $3 billion in damages, saying the inventions were critical to Intel’s ability to make chips faster and with fewer energy requirements. That’s more than 3,000 times what the patents were valued at in past acquisitions, Intel’s lawyers argued.

Intel denied using any of the inventions, saying its own engineers have spent decades developing the chips that are used in everything from laptops to military fighter planes. It also argued that the patents didn’t cover new ideas even two decades ago, when they were issued.

Intel said in a statement that it was pleased the jury “rejected VLSI’s meritless claims that Intel’s cutting-edge processors infringe expired patents on MP3 player technology.”

Source: Bloomberg Law

Original Link:



英特尔公司(Intel Corp.)回避了另一项数十亿美元赔偿金的诉讼。此前,德克萨斯州的一个联邦陪审团澄清了英特尔侵犯恩智浦半导体公司(NXP Semiconductors NV)在加速电脑速度方面拥有的专利的指控。

得克萨斯州韦科的联邦陪审团说,英特尔没有侵犯少数人持股的超大规模集成电路技术有限责任公司(VLSI Technology LLC)拥有的两项专利。上个月,另一个陪审团要求dintel就其他专利向VLSI支付21.8亿美元。

这是VLSI对英特尔提起的三起专利诉讼中的第二起,这些专利直到2019年初还为荷兰芯片制造商NXP Semiconductors所有。美国地区法官阿兰·奥尔布赖特(Alan Albright)也将在6月进行第三次审判。





来源: Bloomberg Law


Shenzhen IP Arbitration Center was inaugurated to explore the establishment of an anti-patent infringement alliance

April 21, 2021


On the morning of April 20, 2021, the opening ceremony of China (Shenzhen) Intellectual Property Arbitration Center and the "12 Articles" of Nanshan District Intellectual Property Transformation and Application were held in Innovation Square of Shenzhen Bay.

This event selected the core area of Shenzhen where high-tech enterprises and scientific research institutions are most densely packed and the demand for intellectual property services is most vigorous, and took the lead in setting up an international arbitration branch in Shenzhen Bay Science and Technology Ecological Park, helping Nanshan District to build a "Shenzhen business card" for intellectual property protection.

Nanshan District also released the Action Plan for the Construction of the Pilot Zone for the Transformation and Application of Intellectual Property in Nanshan District (2021-2023) at the event site, proposing to introduce a group of international top service agencies and high-level talents, and explore the establishment of an anti-patent infringement alliance in the Guangdong-Hong Kong-Macao Greater Bay Area.

(Source: Jinyang Website)






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