China IP Magazine Weekly Newsletter (April 26-30, 2021) --- China Intellectual Property

China IP Magazine Weekly Newsletter (April 26-30, 2021)
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China released a white paper on IP protection in 2020

On April 25, 2021, the State IP Office of the People's Republic of China issued a white paper entitled "Status of IP Protection in China in 2020".

One, effectiveness of protection. By 2020, China's achievements in IPR protection have been widely recognized by innovation entities around the world and the international community. Social satisfaction with IP protection reached a new high of 80.05 points (out of 100). According to the Global Innovation Index 2020 report released by the World IP Organization (WIPO), China ranks 14th.

Second, system building. In 2020, China revised and promulgated four laws and regulations related to IP rights. Six judicial interpretations on IPR protection were issued; More than 20 policy documents related to IPR protection were issued and implemented. Two national standards for IPR protection were issued.

Third, examination and approval and registration. In 2020, China granted 530,000 invention patents, and the number of invention patents per 10,000 population reached 15.8. The number of trademark registrations reached 5.761 million, and 7,553 applications for international registration of Madrid trademarks were submitted by domestic applicants, ranking third in the Madrid Union. The total number of copyright registrations was 5.039 million. The examination period for high-value patents has been reduced to 14 months, and the average examination period for trademark registrations has been reduced to 4 months.

Fourth, cultural construction. Press conferences, typical cases and thematic publicity were held to tell China's IP story well from multiple perspectives, and to show the image of a civilized and responsible country.

Fifth, international cooperation. The Beijing Treaty on Audio-Visual Performance came into force, the Regional Comprehensive Economic Partnership and the China-EU Agreement on the Protection and Cooperation of Geographical Indications were signed, all of which helped make the global IPR governance system more just and equitable.

Attachment Link: 《二〇二〇年中国知识产权保护状况》白皮书






五是在国际合作方面。 视听表演北京条约生效,区域全面经济伙伴关系协定、中欧地理标志保护与合作协定正式签署,推动全球知识产权治理体制向着更加公正合理的方向发展。


China National Copyright Administration: strengthen the short video infringement to fight

On April 25, 2021, the State Council Information Office held a press conference to introduce the implementation of the 14th Five-Year Plan and the acceleration of building China into a strong intellectual property country.

In recent years, with the rapid development of digital technology and the mobile Internet, online short videos have also developed rapidly in China, said Yu Cike, director of the Copyright Administration Bureau of the Publicity Department of the CPC Central Committee. At the same time, the problem of infringement and piracy of short videos is quite serious, which is strongly expressed by the majority of right holders and has aroused social concern. The National Copyright Administration also attaches great importance to it. A work shall not be disseminated and used without permission, which is a basic principle stipulated by the Copyright Law. The same principle certainly applies to film and television. Over the years, the National Copyright Administration has been paying special attention to the copyright protection of film and television works and actively maintaining the copyright order of film and television works.

This year, the National Copyright Administration will, in accordance with the central government's plan to comprehensively strengthen IPR protection, actively respond to the voices of the vast number of rights holders and support and protect their legitimate demands:

First, we will continue to intensify the crackdown on infringement in the field of short video, and resolutely punish infringement behaviors of unauthorized copying, performance and dissemination of other people's films, movies and music by producers and operators of short video platforms and "We Media" and public accounts.

Second, promote the short video platform, we media and public account operators to fully fulfill their main responsibilities, earnestly strengthen the construction of the copyright system, improve the copyright complaint handling mechanism, and effectively fulfill the obligation of reporting on illegal and criminal clues and cooperating with the investigation.

Third, we should encourage and support the collective management organizations of film copyright to strengthen their own construction, carry out the collective management of film copyright in accordance with the law, and give full play to the bond role of safeguarding the legitimate rights of the right holders and facilitating the legal use of the users.

Source: Beijing Daily








China's new five-year plan targets

The Chinese government says it will give priority to strengthening intellectual property protection in "high-tech" industries as part of the country's economic development. China's next five-year plan (from 2021 to 2025) and long-term strategy will include stricter intellectual property rules to end its dependence on US technology.

The Chinese government is also working to tighten controls on the overseas transfer of Chinese intellectual property. Last year, Beijing blocked the sale of TikTok, the video-sharing platform, by ByteDance, a Chinese social media company, calling it "blackmail". US software developer Oracle has emerged as the most likely buyer for TikTok after former US President Donald Trump threatened to ban the platform.

Going forward, China will also strengthen its handling mechanism for overseas IPR disputes, open more overseas branches and provide better legal advice for Chinese companies going global. After years of criticism from Washington about the level of protection China provides to foreign companies operating in the world's second-largest economy, the latest plan is the latest step in a long-running effort by China to strengthen its reputation for intellectual property rights.

Reforms to China's patent system, which will take effect on June 1, include increasing infringement damages and speeding up enforcement procedures. Authorities are also trying to improve China's trademark law, including a new CNIPA program to crack down on trademark squatting.

Source: World IP Review

Origional Link:






The first case of judicial interpretation of punitive compensation applied in Zhejiang Wyeth was awarded 30.55 million

On April 26, 2021, on the 21st World Intellectual Property Day, the Second Instance of Zhejiang Provincial High People's Court heard and declared the application of the first case of the Supreme People's Court's Interpretation on the Application of Punitive Damages in the Trial of Civil Cases Injury of Intellectual Property Rights (hereinafter referred to as the Judicial Interpretation of Punitive Damages). The defendant was awarded punitive damages of 30 million yuan and reasonable costs of 550,000 yuan.


"Wyeth", from the United States, is an old brand in the field of infant milk powder familiar to consumers, has existed for nearly 100 years, the United States Wyeth Company is also the trademark owner of "Wyeth", "Wyeth" and other trademarks.

Guangzhou Wyeth Company, established in 2010, has been engaged in long-term large-scale production and sales of maternal and infant care products with the logos of "Wyeth", "Wyeth Little Lion" in recent years, and registered trademarks of "Wyeth", "Wyeth" and "Wyeth" in the categories of care products and other categories by means of registration and acceptance from others. Guangzhou Wyeth also implied in its promotional activities that it was associated with Wyeth in the United States.

Wyeth and Wyeth Shanghai sued the Hangzhou Intermediate People's Court, Guangzhou Wyeth Company, Chen Zeying, Guan Xiaokun, Guangzhou Zhengai Company, Qingdao Wyeth Company and Hangzhou Xiangdi Company were jointly listed as defendants. The six defendants were required to stop trademark infringement and unfair competition, and to apply punitive damages of 30 million yuan for economic losses and 550,000 yuan for reasonable expenses.

Hangzhou then made the first-instance judgment, that the above six defendants implemented the trademark infringement behavior, Qingdao wyeth carried out ACTS of unfair competition, apply punitive damages, think infringement profit of at least 10 million, Make sure it's three times, finally a full support for wyeth, wyeth Shanghai company claims, namely the reasonable expenses compensation of 30 million yuan and 550000 yuan.

All the defendants refused to accept and appealed to the Zhejiang Provincial High People's Court. The court of second instance pronounced in court, rejected the appeal and upheld the original judgment!

Source: Zhejiang Tianping








Receive compensation 1.7 million! "Cha Yan Yue Se" won against "Cha Yan Guan Se", which was found guilty of unfair competitio

A cup of "Cha Yan Yue Se" milk tea is the standard for many young consumers to go to Changsha. Last year, however, there was a face-off between" the two Cha Yan". In April 2020, another milk tea shop brand "Cha Yan Guan Se" sued the court for trademark infringement, which was rejected by the court. On August 17, 2020, Chayan Yuesi sued Chayan Guansi on the grounds of unfair competition. 

"Cha Yan Yue Se" and  "Cha Yan Guan Se" are both registered trademarks.  "Cha Yan Guan Se" only opened its store in Changsha in 2019, later than "Cha Yan Yue Se", but its trademark registration was earlier.

There were new developments in the lawsuit today. On April 26, 2021, according to the news of Changsha Tianxin District People's Court WeChat ID, the judgment of the first instance of "Cha Yan Yue Se" suing "Chayan Guansi" unfair competition infringement court was announced. The court ruled that  "Cha Yan Guan Se" lost the lawsuit, and stopped the nationwide advertising and publicity with the same or similar decoration as "Cha Yan Yue Se", franchise license and investment promotion, false publicity and unfair competition behavior; And to "Cha Yan Yue Se" compensation for economic losses and reasonable rights protection fees totaled 1.7 million yuan.



这起诉讼案件在今日有了新的进展。2021年4月26日,据长沙市天心区人民法院微信号消息,茶颜悦色”起诉“茶颜观色” 不正当竞争侵权法院一审判决公布。法院判决“茶颜观色”方面败诉,停止在全国范围内与“茶颜悦色”相同或近似装潢的广告宣传、加盟许可招商宣传、虚假宣传不正当竞争行为;并向“茶颜悦色”赔偿经济损失及合理维权费用累计170万元。


Meituan was registered for investigation! Meituan response

According to the news of the State Administration for Market Regulation, the State Administration for Market Regulation recently, based on the tip-off, according to the law, the Meituan implementation of the "two alternative" and other suspected monopoly investigation.

Meituan Response: On April 26, 2021, Meituan responded on its official Weibo account that today, Meituan has been notified by the State Administration of Market Regulation to launch an investigation into the alleged monopoly of Meituan in accordance with the law. The company will actively cooperate with the regulatory authorities to investigate, further improve the level of business compliance management, protect the legitimate rights and interests of users and all parties, promote the long-term healthy development of the industry, and earnestly fulfill social responsibilities. At present, the company's business is running normally.



Disney and Sony have signed a movie rights deal that will bring Spider-Man and other movies to Disney+
迪士尼和索尼签署电影版权协议,《蜘蛛侠》等影片将登陆 Disney+

Beijing time on April 22 morning news, according to report, Disney and Sony Pictures reached a rights deal on Wednesday that will make Sony's films available on demand on Disney's video channel, following those made available on Netflix. The partnership brought important rights to Disney's later videos, such as Spider-Man.

In the future, Sony's films, including Marvel characters, will be shown on multiple Disney video platforms, including the mainstay Disney+ and Hulu, as well as on a group of Disney-owned television channels, the companies announced. The copyright deal starts next year and runs through 2026.

Chuck Saftler, a Disney executive involved in the licensing negotiations, said the deal was good news for fans, who would see the best content from two of Hollywood's most prolific media companies on different viewing platforms.

Keith Le Goy, president of worldwide content distribution for Sony Pictures, said the partnership with Disney was part of Sony's distribution strategy of maximizing the value of each title by reaching a wider range of consumers across a wide range of partners and across different window periods.

Source: IT Home

北京时间 4 月 22 日早间消息,据报道,迪士尼和索尼影片公司周三达成了一项版权协议,索尼旗下影片在 Netflix 点播之后,将在迪士尼视频渠道提供点播。这一合作为迪士尼视频在后期带来重要版权,比如《蜘蛛侠》。

两家公司宣布,未来,索尼的电影作品(包括漫威角色系列)将会在迪士尼旗下多个视频平台播出,包括主力的“Disney+”和 Hulu,另外也包括迪士尼旗下的电视频道群。这一版权合作从明年开始,延续到 2026 年。

参与版权授权谈判的迪士尼高管查克萨夫特勒(Chuck Saftler)表示,这次合作对于影迷粉丝是个好消息,他们将会在不同的观看平台上看到两个好莱坞最多产影视媒体公司的最优秀内容。

索尼影片负责全球内容发行的总裁凯斯乐高以(Keith Le Goy)表示,这次和迪士尼的合作体现了索尼的影片发行战略,即让每一部作品的价值最大化,索尼要通过大量的合作伙伴、通过不同窗口期让更多的消费者观看到作品。


It’s Not Gucci: Facebook, Gucci Sue Over Alleged Online Counterfeiting
不是古奇: 脸书,古奇起诉涉嫌网上仿冒

On April 26, 2021, Facebook Inc. and Gucci America Inc. filed a lawsuit in the Northern District of California against counterfeiter Natalia Koch Tenko, For allegedly offering fake Gucci merchandise and other fake goods and brands on Facebook and Instagram.

According to the indictment, from at least April 2020 to April 26, 2021, the defendants "engaged in international online transactions and sold illegal counterfeit goods." The plaintiffs allege that Kokhtenko "uses Facebook and Instagram to promote its website that sells counterfeit products, including counterfeit Gucci handbags, shoes, clothing and accessories, in violation of Facebook and Instagram Terms and Policies." Facebook noted that it had previously disabled the defendants' accounts, removed various posts that promoted the sale of counterfeit goods and provided measures to protect intellectual property rights.

Luxury fashion brand Gucci says it is "known for eclectic and contemporary creations that represent the pinnacle of Italian craftsmanship and are unmatched in quality, attention to detail and imaginative design." According to Gucci, it "first used the Gucci name and logo in the United States in 1953." Gucci claims that it now "distributes leather goods, clothing, accessories, eyewear, footwear, home decor, lifestyle products, jewellery and watches, among many other products" under its various registered trademarks.

Facebook is seeking to prevent Defendants from continuing to violate Facebook and Instagram's terms and policies, and Gucci is seeking to prevent Defendants from continuing to infringe its trademarks and sell counterfeit goods. The plaintiffs are seeking a declaratory judgment in their favor, a permanent injunction, seizure and destruction of the counterfeit goods, compensation for damages, costs and other relief.

Source: Law Street

Origional Link:

2021年4月26日,Facebook Inc.和古驰美国公司(Gucci America Inc.)在加州北区对造假者娜塔莉亚•科克tenko提起诉讼,指控她涉嫌在Facebook和Instagram上提供假冒古驰商品和其他仿冒商品和品牌。




来源: Law Street


ADT Sues Amazon’s Ring for Infringing ‘Blue Octagon’

On April 27, 2021, ADT LLC and ADT Security, Inc. (together, ADT) filed a lawsuit in the Southern District of Florida alleging Ring infringes ADT's iconic trademark -- its "famous blue octagonal" -- in the second legal challenge that the two companies are involved in. ADT, a provider of home security and automation technology, has used its trademark "famous blue octagonal" for decades, according to the suit; It is said to be "a symbol of ADT's dedication to its customers".

ADT previously worked with Ring, which is now owned by Amazon Inc., alleging that "Ring has a history of misappropriating ADT's intellectual property." After being found out, ADT contacted Ring, however, Ring continued to abuse its trade secrets, so it filed a lawsuit in Delaware Chancery Court, where it obtained injunctive relief.

ADT claims that in addition to stealing its trade secrets, Ring also tried to steal its "famous blue octagonal -- trying to sell its reputation of trust to potential customers, but it didn't earn it." ADT contacted Ring in August 2016 about a similar issue to avoid infringement, according to the complaint. Since then, the ring has changed its logo, removing some of the blue markings.

It is understood that Ring will take proactive steps to avoid confusion between entities. Since ADT-Ring MSA terminated in February 2021, Amazon agreed not to infringe ADT's trademark under the ADT-Amazon RSA.

However, ADT was "surprised" to discover in March 2021 that "Ring had adopted a blue octagonal logo (' Infringement Mark '), which was actually indistinguish from ADT's famous blue octagonal logo, for Ring's own securities." ADT believes that Ring restores the previous color change and now copies and infringes ADT's famous trademark.

Source: Law Street

Origionnal Link:

2021年4月27日,ADT LLC和ADT安全公司(一起,ADT)在佛罗里达州南区提起诉讼,指控Ring侵犯了ADT的标志性商标——它的“著名的蓝色八角”——这是两家公司参与的第二项法律挑战。据起诉书称,家庭安全和自动化技术提供商ADT已经使用其商标“著名的蓝色八角形”数十年了; 据说它是“ADT对客户奉献的象征”。

ADT此前曾与Ring合作,后者现在属于亚马逊公司, ADT声称“Ring有盗用ADT知识产权的历史。”在被发现后,ADT联系了Ring, 然而,Ring继续滥用其商业秘密,因此它向特拉华州衡平法院提起诉讼,在那里获得了禁令救济。


据了解,Ring将采取积极步骤,以避免实体之间的混淆。由于在2021年2月,ADT-Ring MSA终止,根据ADT-Amazon RSA,亚马逊同意不侵犯ADT的商标。


The international market added Ningxia "element" Ningxia butter products to achieve the first export
国际市场再添宁夏“元素” 宁夏牛油产品实现首次出口

On April 25, 2021, this reporter learned from Yinchuan Customs that a batch of butter products worth 8454.26 US dollars, produced by local enterprises in Ningxia, passed the inspection of Xingqing Customs recently and was officially shipped to Kyrgyzstan, another characteristic agricultural product of Ningxia achieved zero export breakthrough.

Butter is the use of cattle adipose tissue as raw material, through degumming, deacidification, deodorization and other processes into solid products, edible value is very high. Located in the middle and upper reaches of the Yellow River, Ningxia is China's "hometown of wolfberry", "hometown of tan sheep", "hometown of licorice", "hometown of selenium sand melon" and "hometown of potato", and it is also the world's wine star production area.

By the end of 2020, Ningxia will be the dairy industry, wine industry, wolfberry industry and other industries identified as the nine key characteristic industries of the autonomous region. Up to now, Ningxia has a total of butter, wolfberry, wine, honey, long dates, dehydrated vegetables and other more than 10 kinds of agricultural products into Europe, the United States, Asia and other international markets. At the same time, Ningxia plans to reach 1 million cows in five years, the total output of fresh milk is 5.5 million tons, and the output value of the whole industrial chain is 100 billion yuan.

According to the statistics of Yinchuan Customs, in the first quarter of 2021, Ningxia's foreign trade situation was good, and the export of characteristic agricultural products increased significantly. Among them, the export value of honey was 8 million yuan, up 286.2% year on year; Wine export value was 3.02 million yuan, up 245.69% year on year; The export value of feed additives was 257.64 million yuan, up 75.52% year on year; The export value of spirulina powder was 460,000 yuan, with a year-on-year increase of 119.28%; The export value of dehydrated vegetables was 9.82 million yuan, up 104.6% year on year. The export value of frozen fries in the first quarter was RMB 25.22 million, up by 2210.64% year on year, exceeding the combined export value of 2019 and 2020.

Source: Ningxia Food Association





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