Current news - The second batch of state-recognized and state-recommended guiding experts in transnational intellectual property

China National Overseas #IP Dispute Response & Guidance Center recently announce the captioned expert list.

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Litigation practice - CHINA: Strict Penalties for Perjury

Successfully registering a trademark is not easy. After registration, the trademark owner still needs to do a few important things to keep it alive. Under the China Trademark Laws, registered trademarks can be canceled on the grounds of non-use for three consecutive years.

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Trademark practice - How to Defend a Trademark Cancellation Request for Non-use

Like many other countries, China also has a trademark cancellation procedure on the grounds of non-use. If a registered trademark has not been used for over three years, a third party may request to cancel it. The cancellation request is examined and decided by the Trademark Office of China National Intellectual Property Administration (CNIPA). If the parties are not satisfied by CNIPA's decision, they may apply for a review. If the review result is still not satisfying, they may appeal to the Beijing Intellectual Property Court.

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IP update - IP Courts and Tribunals in China

Our foreign clients and colleagues have frequently asked questions about the Chinese IP court system. Over the past two decades, the rapid development of both society and economy in China has led to a sharp increase in the amount of IP cases. This has also generated more difficulties when solving IP related disputes. However, in the past eight years, the Supreme People’s Court (SPC) has established an improved jurisdiction system to provide faster and better service regarding IP cases.

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Patent practice - $6 Million for Patent Infringement?

The Chinese invention patent No. 2007800035278, titled “Systems and Methods for Diverting Objects”, is owned by Laitram LLC and is exclusively licensed to Intralox LLC (“Intralox”).

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Trademark practice - Changing Attitudes to Letters of Consent?

Due to a large number of existing trademarks, trademark registration applications in China are often rejected due to alleged conflicts with prior applications or registrations. A Letter of Consent (LoC) may provide a practical and efficient solution for such situations.

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Patent practice - Differences between Patent Search Reports and Patent Right Assessment Reports

The Patent Search Report (hereinafter referred to as "Search Report") is a search report that may be requested by anybody to suit their own specialized needs, including: novelty searches, existing technology/existing design searches, special searches, granted patent searches, legal status searches, searches of patent families, tracking searches, infringement analysis, patent invalidity searches, etc.

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Newsletter 2021

Newsletter 2021

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Current news - Announcement on Adjusting the Method of Issuing Trademark Registration Certificates

Announcement No. 453

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Patent practice - Filing a PPH Request with the CNIPA

Patent Prosecution Highway (PPH) is a program to fast-track patent examination. It greatly speeds up the examination process for patent applications filed in participating intellectual property offices.

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Current news - CNIPA Statistics for First Half of 2021 Shows Steady Increase in Filing Numbers

In July, CNIPA released its main statistical data for the first half of 2021. The statistics showed that the intellectual property business has been progressing steadily and China's main intellectual property indicators met expectations.

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Trademark practice - Company Sizes and Their Corresponding Trademark Registration Strategies

A trademark is defined as a distinct symbol that clarifies the origin of goods or services. Trademarks provide legal protection for a company’s brand while also playing a critical role in the company’s development. Trademarks differentiate the goods or services of one company from those of its competitors. When purchasing products, consumers will recognize the trademark and thus identify the company providing said products. Over time, consumers may begin to view recognizable trademarks as symbols for good quality or other positive traits. In this way, the influence of a trademark may lead to increased trust and reliance among consumers, contributing to the development of company.

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Copyright practice - CHINA: Are Video Games Works of Art?

Can random animations created by the player of a video game reflect the original creation of the game designers? Deliberation is pending in a case involving two game developers that will be an important reference for the determination of copyright in sandbox games (a video game in which the player is not constrained to achieving specific goals and that gives the player a great degree of creativity).

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Jiaquan honor - Grade A in Performance Evaluation

Recently, we received the "Report Card" of patent agency supplier performance evaluation from our client, ZTE Corporation: the overall assessment performance (important patent practice) of Jiaquan in the second half of 2020 was rated as Grade A.

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Patent practice - impact of invalidation procedures on the trial period of patent infringement disputes

During patent infringement dispute cases, defendants often request patent invalidation as a common defense strategy. However, in most cases, this strategy will not suspend the patent infringement dispute or prolong the trial period.

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Trademark practice - use of prior copyright in trademark opposition and invalidation

According to Article 32 of Chinese Trademark Law, no trademark application should infringe upon another party's existing prior rights. Prior rights include non-trademark rights obtained before trademark rights, such as copyright, design patent rights, name rights, trade name rights, portrait rights, and patent rights.

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Patent practice - determination and utilization of design freedom

China’s Supreme People’s Court formally introduced a concept of "design freedom" at the time of the issuance of an Interpretation in 2016. The concept has been applied to the practices of design retrieval, infringement, and invalidation analysis. In combination of factors of “ordinary consumer” and "overall comprehensive judgment", a prediction of a court judgment can thus be made from more standard and objective analysis.

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Jiaquan is again listed on IAM Patent 1000

Recently, IAM released its 2021 edition of the IAM Patent 1000. With many years of excellent service and wide recognition of clients, Jiaquan was again ranked by IAM as a recommended firm on both lists of patent prosecution and litigation. At the same time, with rich experience in litigation, our vice president, Mr. Jacky Yingqiang TAN was again recognized as a recommended individual for patent litigation.

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Trademark practice - e-filing or paper-filing

An electronic trademark filing system (trademark e-filing system) has been available in China since 2017. Applicants can easily submit applications online rather than by postal service or by hand at CNIPA offices.

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Patent practice - the Chinese confidentiality examination: how much do you know?

Article 20.1 of Chinese Patent Law stipulates that in situations where an entity or individual intends to file a patent application abroad, for an invention or utility model developed in China, they shall file it in advance with the CNIPA for a confidentiality examination.

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