No.165 January 28, 2020 |
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| Unitalen News |
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In this issue
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 CNIPA: Notice Concerning Patent Certificates for Electronic Patent Applications
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The China National Intellectual Property Administration (CNIPA) announced the following notice concerning patent certificates for electronic patent applications:
For electronic patent applications with the authorization announcement date on or after March 3, 2020, the CNIPA will issue electronic patent certificates through the patent electronic application system. Paper patent certificates will no longer be issued. If necessary, users of electronic application for registration can make a request through the patent electronic application website (http://cponline.cnipa.gov.cn/) to obtain a paper patent certificate.
(Source: China National Intellectual Property Office)
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| CNIPA: The Latest Statistics of Trademark, Patent, GI and other IP Development
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It was learned from the CNIPA that in 2019, China authorized 453,000 invention patents, 1.582 million utility model patents, and 557,000 design patents; the number of invention patents held per 10,000 people in China reached 13.3; There were 6.4 million trademarks and 25.2 million effective trademark registrations accumulated, with an average of 1 registered trademark per 4.9 market entities; a total of 2,385 GI protected products and 5,324 GI registered trademarks accumulated; the total amount of patent and trademark pledge financing had exceeded 15 trillion yuan.
In the first 11 months of 2019, China's total import and export of IP royalties reached US $ 37.19 billion, of which US $ 6.01 billion was exported, a year-on-year increase of 19.2%.
(Source: The People's Network)
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| IP5 Patent Examination Pilot Project (PPH) Extended for Another 3 Years |
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According to the joint decision of the European Patent Office, the Japan Patent Office, the Korea Patent Office, the China National Intellectual Property Office, and the United States Patent and Trademark Office, the five offices (IP5) PPH pilot will be extended for another three years from January 6, 2020 to 2023 Until January 5 of the year.
Relevant requirements and procedures for submitting PPH requests at the above institutions remain unchanged.
The five-station (IP5) PPH pilot started on January 6, 2014 for three years initially. It was extended then on January 6, 2017 till January 5, 2020.
(Source: China National Intellectual Property Office)
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| China-Czech Patent Examination Pilot Project (PPH) Extended for Another 3 Years |
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The CNIPA and the Industrial Property Office of the Czech Republic have jointly decided to extend the Patent Examination Pilot Project (PPH) pilot from January 1, 2020 for three years, ending on December 31, 2022.
The relevant requirements and procedures for submitting PPH requests at the above offices remain unchanged.
The China-Czech PPH pilot started on January 1, 2018 for two years initially and expired on December 31, 2019.
(Source: China National Intellectual Property Office)
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| Cases in Spotlight
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| Unitalen Client “Xiaomi” Won the 50M Yuan Indemnity in the Trademark Infringement and Unfair Competition Litigation
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Case Summary:
Xiaomi was founded in 2010 and launched its cellphone operating system "MIUI", which allows cell phone enthusiasts to participate in the development and provide feedback on cell phone systems, attracting a lot of phone users’ attention. The unique cell phone internet marketing model has prompted it to accumulate high visibility and influence for a short period of time.
Zhongshan Benteng Company and Zhongshan Mijia Company are the manufacturer and distributor in the home appliance industry. These two companies imitate Xiaomi's trademark, font, domain name, slogan, brand color, etc. in their marketing promotion activities.
In 2018, Xiaomi entrusted Unitalen Attorneys at Law to sue Zhongshan Benteng and Zhongshan Mijia for trademark rights infringement and unfair competition dispute before the Nanjing Intermediate People's Court in Jiangsu Province and won the first instance.
And then at the end of 2019, Xiaomi won the full victory after the Jiangsu Higher People’s announced the verdict of second instance.
The Court’s Ruling:
The Jiangsu Higher People's Court upheld the verdicts of the first instance, which found that:
1.Before Zhongshan Benteng applied for the trademark of "小米生活(Xiaomi Life)" on November 23, 2011, the registered trademark of "小米(Xiaomi)" of Xiaomi Company had been at the level of well-known status in Class 9 for "cell phone" products;
2.Zhongshan Benteng and other companies had stressed the use of their registered trademark "小米生活" in their business premises, websites, and alleged infringing products, which improperly manipulated the market reputation of Xiaomi's well-known trademark "小米", misleading the public and constituting trademark infringement;
3.Zhongshan Benteng and other companies in the business operations involved had imitated Xiaomi’s trademark, slogan, color combination, fan nicknames and other aspects, deliberately manufacturing the fuzzy connection with Xiaomi and its products, misleading consumers, improperly looting Xiaomi's business reputation, which violates the principle of good faith and constitutes unfair competition;
4.The verdict of the first instance ordering Zhongshan Benteng and other companies to compensate Xiaomi for economic losses of 50 million yuan is derived from sufficient facts and legal basis.
Typical Significance:
This case is a typical case in which punitive damage is applied, and it is also with the highest indemnity amount in all effective verdicts concerning domestic trademark infringement in the past three years!
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| Unitalen Client “Ferrari” Won the Administrative Litigation of First Instance to Protect its Graphic Trademark across Class as Well-known Trademark
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Case Summary :
As a world-renowned automobile company, Ferrari’s "躍馬”(  ) graphic trademark has been protected by Chinese priority in Class 12 for "vehicles" and other products as early as 1995. In September 2012, Smart International applied for registration of the disputed trademark on services such as "computer software design" in Clases 42 and was approved to register in 2015.
In response to the disputed trademark, Ferrari filed for the invalidation declaration with the CNIPA against the "躍馬" graphic trademark and several other trademarks. In 2017, the CNIPA made a ruling and maintained the registration of the disputed trademark.
In response to this ruling, Ferrari filed the trademark administrative litigation with the Beijing IP Court, arguing that the "躍馬" graphic trademark constitutes well-known trademark on automobiles and other products, and the registration of the disputed trademark is an imitated copy of the "躍馬" graphic trademark. It is possible to mislead the public and damage the interests of Ferrari, which violates the provisions of Article 13, paragraph 3 of the 2014 Trademark Law, and the invalidation ruling should be revoked. Unitalen Attorneys at Law was entrusted by Ferrari to represent the case.
The Court’s Ruling:
The Beijing IP Court had recently issued the first verdict and the “躍馬” trademark registered by Ferrari Company in Class 12 for "vehicles" and other goods was recognized as a well-known trademark and the protection shall be extended across class to Class 42 "Computer Software Design" services. Therefore, the ruling of the CNIPA to maintain the registration of the disputed trademark in Class 42 was revoked.
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| Unitalen News
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| Unitalen Awarded as “Top 10 Patent Agencies” at Qiangguo IP Forum
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On December 28, the Qiangguo IP Forum organized by the Qiangguo IP Forum Committee and Beijing Qiangguo IP Research Institute was held in Beijing National Convention Center. Unitalen won the honorary title of "Top Ten Patent Agencies" at the forum.
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| Unitalen Awarded as “2019 Outstanding IP Service Team” by China IP Magazine
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On January 11, the "10th China IP New Year Forum and 2020 China IP Managers Annual Meeting" organized by the "China Intellectual Property" magazine was held in Beijing. Unitalen received the honor of "2019 China Outstanding IP Service Team" with its efficient team operation, professional and high-quality legal services, and rich IP practice experience.
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| Singapore IP Office Delegates Visited Unitalen
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On January 13, 2020, Mr. Cao Xinghai, Director of the China Representative Office of the Singapore Intellectual Property Office, visited Jijia. Partner Gao Shaowei and Zhou Xinyan received and attended the meeting with Mr. Cao Xinghai.
At the meeting, the two sides exchanged views on the status of patent applications by Chinese companies in Southeast Asia, and patent applications and searches in Singapore and ASEAN countries. Mr. Cao Xinghai introduced that Singapore IPO, as a competent PCT authority office, plays an important role in PCT patent examination. At the same time, Singapore has 9 patent search databases, which has great advantages in patent search. Moreover, as a member of the "ASEAN Patent Examination Cooperation Project" (ASPEC), Singapore's search results can be shared with other ASEAN member countries. Singapore can serve as a hotspot for Chinese applicants' patent distribution in ASEAN.
The two sides also exchanged some strategies on international trademark protection during the talks. Through this meeting, the two sides will explore the future direction and carry out more meaningful cooperation.
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