The "Opinions" pointed out that the administrative ruling is an action that an administrative organ, based on the application of a party, is authorized by laws and regulations to adjudicate civil disputes closely related to administrative management activities. The administrative ruling has the characteristics of high efficiency, low cost, strong professionalism and simple procedures, which is conducive to the rapid resolution of contradictions and disputes and the role of the “regulating valve” for resolving civil disputes.
The "Opinions" emphasize that the administrative ruling work should be guided by Xi Jinping's new era of socialism with Chinese characteristics, thoroughly implement the spirit of the 19th National Congress and the Second and Third Plenary Sessions of the 19th Central Committee of the CPC, adhere to the joint promotion of rule of law, governance by law and administration by law, adhere to the requirement of building a law-based country, government and society, establish and improve a system for resolving conflicts and disputes through administrative rulings, gradually form an administrative ruling system with the Party Committee as the leader, the government in charge, and the functional departments as the main body, and provide a strong guarantee in order to promote people's livelihood, social fairness and justice, and long-term stability of the country.
(Source: Xinhua News Agency)
China will reduce some trademark registration fees from July this year.
Trademark registration facilitation reforms will come true! Recently, the reporter learned from the Trademark Office of the China National Intellectual Property Administration (hereinafter referred to as the Trademark Office) that according to the relevant provisions of the "Notice on Reducing Some Administrative Fees" issued by the National Development and Reform Commission and the Ministry of Finance, since July 1, 2019, the Trademark Office will adjust the trademark registration fees and reduce some trademark service fees.
According to reports, the Trademark Office will reduce the registration fee for trademark renewal from the previous 1,000 yuan to 500 yuan, and the fee for accepting trademark change fees will be reduced from 250 yuan to 150 yuan. At the same time, in order to further promote the online application for trademark registration, the Trademark Office also adjusted the fees for submitting online applications and accepting electronic postings.
(Source: China Intellectual Property News)
The China National Intellectual Property Administration: reply to the motion of the National People's Congress on "Revising the Trademark Law as soon as possible"
The Trademark Law revised in 2013 played an important role in protecting the exclusive right to use trademarks and promoting China's economic and social development. However, in the implementation process in recent years, the following three problems have also appeared: first, the trademark confirmation procedure is complicated; second, the malicious applications for the purpose of “free rider” have appeared in a large number of hoarding registrations in order to profit from transferring, causing serious disruption of market economic order and trademark management order; third, the protection of trademark exclusive rights needs to be strengthened.
In order to effectively regulate malicious applications and hoarding registrations, strengthen the protection of trademark exclusive rights, and create a good business environment, on April 23, 2019, the Standing Committee of the National People's Congress deliberated and passed the "Revision to the PRC Trademark Law (Draft)". The individual provisions of the Trademark Law were amended around the two aspects of regulating malicious applications, hoarding registrations and increasing penalties for violation of trademark exclusive rights. The revised provisions will be implemented from November 1, 2019.
As early as August 2018, the China National Intellectual Property Administration initiated the research and development of the "Several Provisions on Regulating the Registration of Trademark Applications" and included it in the 2019 legislative work plan, which has now closed for public comment. The revision of the Trademark Law provides the basis of higher-level law for the formulation of the regulations of this department. We will introduce them as soon as possible after the improvement of the feedback, so that the revised contents of the Trademark Law will be implemented.
(Source: China National Intellectual Property Administration)
Ministry of Industry and Information Technology: China's declared 5G standard necessary patents accounted for more than 30%
The Ministry of Industry and Information Technology said that at present, global 5G is entering a critical period of commercial deployment. Adhering to the combination of independent innovation and open cooperation, China's 5G industry has established a competitive advantage. The 5G standard is a unified international standard jointly developed by the global industry. The standard necessary patents declared by China account for more than 30%. In the technical test phase, many foreign companies such as Nokia, Ericsson, Qualcomm and Intel have been deeply involved. With the joint efforts of all parties, China's 5G has a commercial foundation.
"At present, China's 5G mid-band system equipment, terminal chips, and smart phones are in the first echelon of the global industry." Gong Daning, the senior engineer of the Policy and Economics Research Institute of the China Academy of Information and Communications Technology, told reporters: "we will continue to welcome foreign companies to actively participate in China 5G network construction and application promotion, continue to deepen cooperation, seek common 5G development and innovation, and share China 5G development achievements”.
At present, the three major operators in China are actively deploying 5G networks. China Mobile plans to complete 30,000-50,000 5G base station construction in 2019, and 5G investment is about 17.2 billion yuan; China Telecom's 5G base station construction plan in 2019 is 20,000, and 5G investment is 9 billion yuan; China Unicom estimates to build about 20,000 5G base stations in 2019, with a planned investment of 6 billion to 8 billion yuan.
(Source: Beijing News)
Huawei released a white paper on innovation and intellectual property
On June 27, Huawei released a white paper on innovation and intellectual property, and called for not politicizing intellectual property issues. Song Liuping, the chief legal officer of Huawei, said at a press conference held at the Shenzhen headquarter that intellectual property is the foundation of innovation, and politicizing intellectual property issues would threaten the progress of global technology.
The white paper pointed out that innovation and intellectual property protection are the foundation of Huawei's success over the past 30 years. By the end of 2018, Huawei had accumulatively obtained 87,805 allowed patents, of which 11,152 were US patents. Since 2015, Huawei has received more than 1.4 billion dollars in intellectual property revenue.
In addition to its own patents, Huawei has paid more than 6 billion dollars in patent fees to legally use patents of other companies, nearly 80% of which are paid to US companies.
(Source: Something about Intellectual Property)
The patent involved is invalid! The judgement of AUX v. Gree for compensation of 10 million was revoked at the second instance
It has been nearly 20 days since the Gree Electric Appliance real-name reported that AUX air conditioner was suspected of labelling false energy efficiency. The incident has received wide attention from all walks of life. Recently, another patent dispute between Gree and AUX has been settled.
On July 20, 2018, the Ningbo Intermediate People's Court made a first-instance judgment on the patent dispute between Gree and AUX, the two major domestic home appliance manufacturers: it is believed that the air conditioner with the model KFR-35GW/(35573)FNAa-A1 manufactured and sold by Gree infringed the patent right of the AUX’s utility model entitled "Motor Steering Mount" with the patent No. ZL201520143902.0 and caused huge economic losses for AUX, ruling Gree to immediately stop manufacturing, selling and promising to sell infringing products, destroy stock infringing products and compensate AUX for economic losses of 10 million yuan.
On January 14, 2019, the Patent Reexamination Board declared that the patent right of the utility model 201520143902.0 were all invalid.
On April 24, 2019, the Zhejiang Higher People's Court ruled that the civil judgment No. 977 of Ningbo Intermediate People's Court (2017) was revoked; and the lawsuit of Ningbo AUX company was rejected.
(Source: IPR daily)
The case that Honda sued the Great Wall Hover H6 for infringement was officially in court, demanding compensation of 22.14 million yuan
After more than a year, Honda sued the Great Wall Hover H6 for two infringement cases and it came to court officially on June 20. Honda asked Great Wall Motor to compensate for RMB 22.14 million.
In October 2017, Honda filed a lawsuit in court. According to media reports, the Beijing Intellectual Property Court had accepted the lawsuit at that time. Because it was at the stage of jurisdictional opposition, the trial time was not fixed.
Honda sued at the court, claiming that it had purchased an upgraded version of Hover H6 from the Boshilian Sales Center through notarization. After dismantling, the comparison shows that the rear door structure of the vehicle of Hover H6 and the name "decoration mounting structure of vehicles" infringe two Honda's invention patents.
Honda asked the Great Wall Motor and the Boshilian Sales Center to immediately stop the infringement of the patents involved, including but not limited to the immediate cessation of manufacturing, selling, and promising to sell the Hovor H6 which falls within the scope of the plaintiff’s patent protection, destroy the stock products with this model and all drawings, special equipment, molds, etc. used, delete and destroy all promotional materials of Hovor H6, including but not limited to paper and electronic forms; at the same time, Honda asked the Great Wall Motor to compensate for RMB 22.14 million.
The data shows that Great Wall Motor sold a total of 1,053,600 vehicles in 2018, of which 450,000 Hovor H6 were sold, accounting for half of the total sales.
(Source: IPR daily)
Outstanding trademark agencies were announced in 2019!
Recently, the China Trademark Association publicized the lists of "2019 Outstanding Trademark Agencies", the first batch of "Trademark Attorney Gold Service Individuals", the second batch of "Trademark Agency Service Gold Model Units", and the first batch of "2019 Excellent Trademark Legal Affairs Teams".
Xu Kai, the selected head of Trademark department of Dragon IP, said that since 2015, the trademark business of Dragon IP has grown at a rate of more than 20% per year. At the same time, the trademark department has also established a stricter quality inspection system, introduced and customized a variety of professional software, which further enhances the quality of the agent while ensuring the development speed, has been praised by domestic and foreign clients, and won the honor of outstanding trademark agency for three consecutive years.
Specials and Practice of Attorney
Recent review dynamics and attorney practice
1. Background
Under the premise of shortening the review cycle, the Patent Office plans to cut down over 100,000 accumulated invention patents before the end of this year. To this end, the 100,000 cases will be pushed in batches. For the January to April period of this year, from the increase in authorization rate without office action and the increase in the number of rejected cases, it can be known that the review progress has been greatly accelerated.
In the above figure, red indicates the data from January to April of this year.
As can be clearly seen from the figure, the authorization rate has decreased overall by 8.6% compared to 2018. In contrast, the rejection rate has increased by 11.2% compared to 2018. In other words, as for January to April of this year, the increase in rejection closing rate is more pronounced than the reduction in authorization closing rate.
2. Response to OA
Authorization without office action is targeted. That is, it may be considered to modify the claims according to the results of the review by other countries, or to amend claims in accordance with Article 19 of the PCT on the basis of the written opinions at the international stage.
Conversely, as long as the rejection condition is met, the rejection can be made, so there is less chance of debate without modification than in previous years. Therefore, for arguing hopeless cases, try to limit them by the inventive points in the specification to prevent direct refusal.
3. Divisional application
Because the patent office has a very strong attack on abnormal applications, it needs to be cautious when applying for division. That is, it is necessary to avoid the practice of separating multiple divisions with the same claim and then modifying them one by one by voluntary modification because these multiple divisions with the same claim are easily recognized by the Patent Office as "abnormal applications".
Author: the head of machinery department, Jin Chengzhe
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