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2021-05-28
Patent practice - Judgment reversed: Jiaquan wins second instance of patent infringement dispute
LAITRAM, LLC is the owner of Chinese invention patent No. 2010101503495, titled “Plastic Conveyor Belt Module”. Intralox, LLC (“Intralox”) is the exclusive licensee of this patent in China.
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2021-05-28
Trademark practice - Meeting CNIPA requirements: IR extension in China
The China National Intellectual Property Administration (CNIPA) currently abides by the 11th edition of the Nice Classification of Goods and Services (Nice Classification) and a standard classification manual containing Chinese descriptions of goods and services (Chinese Classification Manual). Accordingly, the CNIPA generally accepts descriptions of goods/services that comply with Nice Classification or the Chinese Classification Manual. Conversely, the CNIPA may or may not accept descriptions that do not comply (so-called non-standard descriptions).
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2021-04-28
Patent practice - The significance of punitive damages of the revised Patent Law
In China, there are mainly two principles for determining damages in patent infringement cases. One is the compensatory principle and the other is the punitive principle. Before the fourth revision to the Patent Law, China adopts the compensatory principle as the main criteria for determining damages, supplemented by the punitive principle. According to the Law, damages are firstly determined by the actual losses suffered by the patentee and then the profits gained by the infringer as a result of the infringement. However, it is generally difficult to access and prove the patentee’s losses or the infringer's profits.
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2021-04-28
Trademark practice - Attention: one-year quarantine period for invalid trademark registrations
After a registration becomes invalid, could a later filed identical/ similar mark mature into a registration smoothly? In China, there is a one-year quarantine period described in Article 50 of the Chinese Trademark Law that any identical or similar trademarks shall not be approved within one year after a registration was expired, canceled, or invalidated.
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2021-04-06
Patent practice - tips on reducing the adverse impact of PCT international publication with a reproducibility issue
Sometimes we run into a PCT national phase entry which has drawings or datasheets on WIPO publication in so low resolution that we can barely recognize the information. CNIPA, as an elected Office, may not accept replacements of clear drawings or datasheets when the PCT application enters the Chinese national phase. The reason is that clearer drawings or datasheets can be considered as amendments beyond the original disclosure. This could be a real problem for the grant of a patent right especially for a biochemical invention when drawings usually reflect the experimental effects that are not indicated in the original specification.
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2021-03-20
Trademark practice - when a suspension request could be accepted?
The efficiency of China's trademark examination has improved considerably in recent years, and it is no longer a lengthy process but a speedy outcome that bothers applicants nowadays. One of the most frequently asked questions is “when a request for suspension could be accepted?” We summarize the following points as per current practices for reference.
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2021-03-01
LEGO vs. LEPIN - strong protection of intellectual property in China
On 29 December 2020, Shanghai High People’s Court ruled the final judgment on the “LEGO” infringement case, which involved a total amount of CNY330 million (USD51.1 million), to uphold the judgment in the first instance. The principal criminal Li and his accomplices were sentenced to fixed-term imprisonment and fines for copyright infringement. The judgment of this case undoubtedly proves to the public that China is determined to protect the rights and interests of intellectual property.
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2021-03-01
Jiaquan is listed on the 2021 edition of the WTR 1000
On 12 February 2021, World Trademark Review (WTR) published its lists of global recommended trademark firms of the year, the 2021 edition of the WTR 1000. With years of professional practice on trademark prosecution, Jiaquan IP Law is again listed in the field of “prosecution and strategy” among the 2021 recommended firms in China.
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2021-01-27
Summary and Comments on the Latest Revision to Guidelines for Patent Examination
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2021-01-27
SPC IP Court Concluded Over 4,000 Cases
The Intellectual Property Court of the Supreme People’s Court released data on 24th December 2020 showing that, since its establishment on 1st January 2019, the Court has accepted 5,104 cases and concluded 4,124 cases as of 23rd December 2020. A total of 111 meetings of professional judges have been held, and 418 specific rules of application of law have been formulated.
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2020-12-28
Combined trademarks - file separately or together?
Combined trademarks are those that consist of multiple elements such as brand names and logos. Many people favour combined trademark applications for saving filing costs while achieving the same goal in one go. Is that all correct and is there an optimal solution? Let’s explore.
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2020-12-28
Main IP statistics from January to November 2020
Main IP statistics from January to November 2020
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2020-12-07
Newsletter 2020
Newsletter 2020
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2020-11-30
Similar or not? English word vs. Chinese character
The Chinese Trademark Office refused the application “MERLIN” for being similar to an earlier registration featuring “SN and 隼” ( “隼” , phonetically sǔn, can be deemed as one of the Chinese translation of “MERLIN”), according to Article 30 of the Trademark Law.
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2020-11-30
Major amendments to the Chinese Patent Law
On 17 October 2020, the Standing Committee of the National People's Congress (NPCSC) approved the 4th amendment of the Chinese Patent Law, which will come into effect on 1 June 2021.
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2020-11-20
P&G prevails in trademark infringement lawsuit
Procter & Gamble (P&G), founded in 1837, has become one of the world’s largest consumer goods giants after more than 100 years of development. "TIDE" and "ARIEL" are the famous brands of its washing products and are the largest laundry detergent brands in the world.
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2020-10-28
CHINA Facebook, Inc., Loses FACEBOOK Trademarks
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2020-10-28
What are the challenges involved in translation?
Mark Weifeng Lin of Jiaquan examines the issues that can arise during patent translation, for example those relating to grammar, terminology and fluency, and suggests ways to overcome these challenges
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2020-09-28
German company Pfannenberg was awarded high compensation in patent infringement
Recently, Pfannenberg Europe GmbH, a leading German company in the electrical industry, defended its patent rights in China and obtained a high compensation of over RMB 600,000 (USD 86,760) successfully.
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2020-09-28
China’s first patents on COVID-19 vaccines and test kits granted
In early August, three of our clients’ invention patent applications on COVID-19 vaccines and test kits were published and granted by CNIPA. This is indeed thrilling news since so far the world is still suffering from the pandemic.
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