Conference

Both Sides of Taiwan Strait Sign Agreement on Collecting Copyright Royalties  

On December 26, 2010, the mainland-based China Written Works Copyright Society (CWWCS) signed a reciprocal agreement with Taiwan-based Chinese Oral and Literary Copyright Collective Management Association (COLCCMA). According to the agreement, from 2011, the COLCCMA will collect royalties fromTaiwan’s universities and copy shops for duplicating works of mainland authors.

The reciprocal agreement implements an important practice establishing IPR cooperation between the two sides, said Fu Zhaoxiang of the COLCCMA Board. The COLCCMA is a member of International Federation of Reproduction Rights Organizations (IFRRO) and China said it is ready to sign an agreement of its kind with associations of other countries and regions.

 

Xiao Xingwei Attends and Addresses 3rd Cross-Straits Patent Forum in Taipei

The 3rd Cross-Straits Patent Forum, co-hosted by All-China Patent Agents Association (ACPAA) and Chinese National Federation of Industries (CNFI), was held recently in Taipei.

The forum addressed several themes, including recent IP developments, the developing trend of patent regime, the patent experience of enterprises and other IP issues. Senior ACPAA consultant Xiao Xingwei pointed out that the Cross-Straits Patent Forum plays an important part in promoting patent related communications for both sides and deepens the mutual understanding of IP regimes. Given this contribution, it is important that the two sides should continue to make full use of this forum in the future. CNFI secretary-general Cai Liansheng expressed the view that, given the scale and expanding influence over the past 3 years, the Cross-Straits Patent Forum has created a positive atmosphere for the two sides’ patent communication. Moving forward, the first step is to maintain the powerful momentum, and to further promote the development of the forum.

ACPAA secretary-general Li Jianrong and CNFI senior consultant Wang Meihua attended the opening ceremony and delivered speeches. More than 300 patent agents, legal and academic delegations and enterprises from mainland and Taiwan attended the forum and participated in the discussion.

 

Policy

Games Listed as the Key Project with Proprietary IP

Regarding technical innovation, the Ministry of Culture will guide such cultural industries as performing arts, entertainment, art works, animation and cyber culture to carry out “the merging of telecommunications, computers, and cable TV networks.” It will also encourage the building of an integrated production and marketing platform to increase the online sales of network literature, on-line music and web art. Key projects include the digitalization of Chinese style animation, research and development of the hardware and software systems of video games with independent intellectual property rights, the exploration of mobile entertainment platforms and research into the creation of a digital audio intelligent search engine.

 

Trademark Strategy Teams Established in 26 Provinces

Currently 26 provinces (including autonomous regions and municipalities) are setting up leadership teams to establish trademark strategies. Most are headed by government leaders. With promotion from the SAIC, trademark strategies have been applied to 26 provinces and municipalities. For example, Shanxi Province has held the “Shanxi Brand Festival” for four consecutive years. It is targeted to implement the trademark strategy to enhance the development of the province. Jilin Province actively implements a brand strategy. The sales value of the agricultural products with registered trademarks of the geographical indications reached 7.6 billion Yuan. As a result, employment problems for more than 1.6 million agricultural workers have been resolved.

 

31 Central Government Departments Complete Installation of Genuine Software

An estimated 31 central government departments, such as China’s State Council General Office and the State Development and Reform Commission, have completed the purchase of genuine software for installation by the end of this year. 

The 31 central government departments purchased a total 19,827 sets of genuine software. The overall cost was 22.11 million Yuan. 13,657 were of foreign software and the cost was 18.32 million Yuan. 6,170 were domestic and the cost was 3.79 million Yuan. At the local level, Qingdao city purchased 15,278 sets of genuine software at a cost of 76.63 million Yuan.

Government agencies at provincial, city, prefectural and county levels are expected to install genuine office software by the end of October, 2011. The Chinese government calls for more economically well-developed areas, such as Beijing, Shanghai, Guandong, Jiangsu, Zhejiang, Shenzhen, Dalian, Qingdao, Ningbo and Xiamen, to be the first to complete the purchase of genuine software.

 

Fighting against Counterfeits in Online Shopping Starts

According to the State Administration of Industry and Commerce (SAIC), the SAIC, Ministry of Public Security and other 7 related departments jointly issued a circular fighting against counterfeits available through online shopping sites. The focus of the investigation deals with books, electronic goods, foods, medicine, and other such consumer items. The related departments will investigate and redress cases of infringement of IPR through both the manufacturing and selling of fake goods.  Illegal enterprises will be reported to law enforcement agencies to enhance the legal enforcement and create greater awareness regarding online shopping enterprises.

Patent

Te First Patent Auction of China Academy of Sciences Dropped Hammer Successfully

On December 16, 2010, the first patent auction of the institute of Computing Technology, China Academy of Sciences was held in the trading floor of China’s Technology & Equity Exchange. 70 technical inventions related intelligent information, wireless communication, integrated circuits were put up for public auction. The bidding was exciting and 28 technologies were sold, with the total business volume reaching 3 million Yuan.

It has been reported that this was the first large scale patent auction in Chinese history. It has attracted wide attention both at home and abroad. More than 70 enterprises participated in the bidding process and nearly 100 honored guests visited the patent auction.

 

The Yiwan Railway Officially Opened 

The Yiwan railway, which spans from Yichang, Hubei Province to Wanzhou, Chongqin, known as “The Top Hard Construction Railway of the World,” was officially opened on December 22, 2010. The success owes a lot to the core patent technology of independent R&D. Railway mapping reveals that the working sections of Yiwan railway are mostly located in the Karst mountainous area. Construction took 7 years, and the length of bridges and tunnels alone span an estimated 278km to 377km, accounting for 74% of the entire railway. During construction, Chinese technical personnel pioneered a water and mud burst warning system, a hydrologic monitoring system for the complicated Karst tunnels and employed other innovative techniques; most of which now have filed invention patents applications.

 

Te Chinese Academy of Agricultural Sciences Obtains 675 Patents

On January 10, the Working Conference held by the Chinese Academy of Agricultural Sciences reported that during the 11th “five year period” it achieved a large number of proprietary scientific and technological accomplishments, highlighting its leading role in the national agricultural science and technology innovation and development.

During this period the Academy had two crowning achievements. First was the establishment of the evaluation system of Chinese wheat quality and the molecular improvement technology. Second was the establishment and application of dwarf male-sterile wheat and its high efficient breeding method. Both were awarded the first-place State Scientific and Technological Progress Prize. In total, the Academy was granted 675 patents, 359 new plant varieties, 36 new veterinary drug certifications and 201 software copyrights.

 

Trademark

AIGO Ordered to Pay 100 Thousand Yuan for Using Figurative Mark of Shenzhou Spaceship  

Beijing Huaqi Information Digital Technology (Huaqi), owner of AIGO, was recently sued by the China Academy of Launch Vehicle Technology (CALT) for using its fgurative mark of the Shenzhou spaceship in an AIGO advertisement. According to official records, CALT registered the figurative mark for CZ-2F Launching vehicles as a trademark. Without approval, Huaqi used the registered trademark in an AIGO advertisement. CALT filed a complaint and the Fengtai Court issued an injunction against Huaqi  and hand assessed damages of 100 thousand Yuan plus cost.

 

Starbuck’s New Trademark Logo Criticized by Consumers

On January 5, 2011, Starbucks unveiled its new trademark to the public. The new logo focuses on its sirenic symbol and removes the Starbucks Coffee name from around the border of the “siren.”

Within several hours after unveiling the new trademark, some negative reviews showed up on the company’s website and other social media web platforms. The new, all-green trademark was released just asStarbucks plans to expand the number of branded products it sells outside its owncafes, and also marks the 40th anniversaryof the founding of the first Starbucksstore in Seattle in 1971, according to Chief Executive Howard Schultz’ statements on the company’s website.

Its first appearance will be on papergoods such as cups and napkins in March, 2011.

 

Copyright

New Show Water Margin Causes Copyright Dispute

The TV series Water Margin, consisting of 86 episodes, has been shown on 10 international channels and 4 satellite TV channels as of January 1, 2010. However, many video websites have shown this TV series prior to release by the TV studio. The copyright ownership of this TV series is hotly debated. Beijing Sun-shine Company claims to have the exclusive right of communication information network of the Water Margin series. However, the period of authorization starts a full 36 months after the show frst legally released through network channels. Investors of the new Water Margin issued a statement declaring that they have never provided any websites or other companies using any medium permission to show the series through wireless or cable channels such as Internet, wireless network, and IPTV. They state a claim that any related websites and companies must stop the infringing acts immediately.

 

Anti-Piracy

The Notice of the Cracking down on the Piracy of New Year’s Films

The National Work Group for Combating Pornography and Illegal Publications and the General Administration of Press and Publication group have jointly issued a notice urging all departments to strengthen copyright protection and severely crack down on the piracy of this year’s new domestic flms, such as Let The Bullets Fly and If You Are The One 2. The groups aim to promote the development of the domestic flm industry and maintain order in the audio-visual market.

The notice seeks mandated governmental protection of new domestic flms as part of the special campaign to crack down on IP infringements and the production and sales of counterfeit and shoddy commodities.

 The notice also urges all related governmental agencies to strictly supervise the audio-visual market, intensify efforts on market inspection, and immediately seize all pirated audio and video products upon discovery. Press and publication departments should strengthen the regulation of CD duplicating enterprises and undertake severe punishment for illegal production. The copyright law enforcement agencies should strengthen the supervision of the Internet to resolutely stop online piracy and the traffcking violations.

 

Core Technology

China’s First High-End Film Solar Cell Equipment Rolls of the Line

On January 8, 2011, key production equipment for China’s first high-end film solar cell, PECVD, successfully rolled off  the line at Shanghai Ideal Energy Co., Ltd.Production equipment for high-end film solar cells has historically been monopolized by overseas manufacturers. The breakthrough seeks to end the foreign stranglehold on the market. It is expected to signifcantly reduce the cost of solar electricity.

 

Domestic

Hebei Province Launches“Spring Rain” Action to Crack down on Piracy

As the main functional branch of IP management, the IP Office of Hebei Province launched a “Spring Rain” enforcement action, which effectively attacked the violation of IPRs. In the action, IP Office of Hebei Province mobilized 261 patent law enforcement offcers to check 69 specialized markets and trading place.

 

Shandong Province Achieves Initial Success in Special Action to Combat Infringements

On January 10, 2011, the Combating of IPR Infringements and Manufacture and Selling Counterfeit Goods conference was held in Jinan. A total of 135,000 enterprises were investigated, involving 4,192 infringement cases, more than 9.8 million Yuan of confiscated money and 380 suspects arrested.

 

Shanxi Develops Distinctive Agricultural Undertakings

Relying on the geographical indications protection of agricultural product, Shanxi Province developed a distinctive agricultural undertaking, and has made remarkable achievements. To date, Shanxi province has obtained 24 agricultural geographical indication certifcates.

 

Shanghai Set up First Music Intellectual Property Exchange Cent

The first music intellectual property exchange center of China was recently set up in Shanghai. The center will provide services for development of the music industry.

 

Anhui Province Added 183 Heritors of ICH

183 inheritors of intangible cultural heritage (ICH) were named by provincial ICH projects as successors. Among ICH, the number of inherited items involving folk-custom, traditional dances and handicrafts and other such cultural items are relatively large.

 

Changsha IPR Assistance Center Receives High Remarks from SIPO

The SIPO fully affirmed the work of Changsha IPR assistance center. Additionally, it stated that every IPR assistance center throughout the country should seize the opportunity to play a bigger role in building a good developmental environment for IP.

 

Guangdong Carried out a Campaign to Combat Counterfeit Mobile Phone

Recently administrations in Guangdong Province carried out a campaign to combat counterfeit mobile phones. Together they mounted a law enforcement inspection on factories suspected of being involved in production of counterfeit NOKIA and Sony Ericsson. The inspectors seized 4076 counterfeit mobile phone worth an estimated of 900,000 Yuan.

 

Hainan’s Special Action Achieves Preliminary Results

Starting from December, 2010, Hainan province carried out the special action of“Anti-Counterfeiting to Protect IP,” whichhas achieved promising preliminary resultsThe special action mainly focuses on theprotection of copyright, trademark, patent and plant varieties, and the areas involved are respectively press and publishing, the entertainment industry, high-tech industry and agriculture.

 

Kunming Crack-down on Counter-feit and Shoddy Commodities

Kunming Trade and Industry Bureau has inspected 7,118 business entities, destroyed 12 sites producing or selling fake products, investigated and dealt with 86 cases of producing and marketing counterfeit and shoddy goods.

 

International

UAE Ministry of Economy Launches National Campaign to Support IPR

In cooperation with the Arabian Anti-Piracy Alliance and the Abu Dhabi Media Company, the UAE Ministry of Economy launched the national campaign for Intellectual Property Rights on December 28, 2010.  The slogan of national campaign is “Let us be partners in your protection and the protection of others.”

 

USPTO Allows Provisionals to be Extended

On December 8, 2010, the United States Patent and Trademark Office (USPTO) announced plans to implement a “Missing Parts Pilot Program” which will effectively provide a 12-month extension to the existing 12- month provisional application period.

 

Nigeria: Copyright Society Signs the First Royalty Agreement

On December 13, 2010, the Copyright Society of Nigeria (COSON) and Wireless Application Service Providers Association of Nigeria (WASPAN) signed Nigeria’s first group copyright royalty agreement at COSON’s office in Ikeja. Tony Okoroji, COSON chair, Chinedu Chukwuji, the acting general manager, and the representatives of some member companies of WASPAN attened the ceremony.

 

Global Anti-Counterfeiting and Piracy Congress Met in Paris, France

Under the theme “Building Respect for IP: Sustainable Solutions to a Global Problem,” discussions at the Global Congress focused on a balanced approach to combating counterfeiting and piracy, with a view to underscoring the link between building respect for intellectual property and sustainable development.  

 

UK Launches an Independent IP Assessment System

The British Government launched an independent IP assessment system. The evaluation project will last for six months and the assessment report will be issued in April 2011. The UK government is targeted to make Britain the world’s most attractive country for business investment and technical innovation.

 

Indian High Court Refuses Permission to Amend Periyar Copyright Plea

The Periyar Self-Respect Propaganda Institution, which has so far failed in claiming copyright over EVR Periyar’s writings, has yet again failed to get the Madras high court nod to amend a suit it fled to include Periyar’s speeches and publications as well. Justice T Mathivanan said it would prejudice the respondents Periyar Dravidar Kazhagam (PDK)and its general secretary K Ramakrishnan.

.

Finland and US Extend PPH to PCT Work

The USPTO has extended its Patent Prosecution Highway (PPH) agreement with Finland’s National Board of Patents and Registration (NBPR) to include PCT applications. The Offce’s agreement with the NBPR, which began on July 6, 2009, has so far been limited to search and examination results under the Paris Convention..

 

IP Australia Released a Free Update of Patent Search System

Recently, IP Australia updated the Australian patent specification text searching. The full text searching has been launched in a beta environment and is accessible from the AusPat homepage, whose website is http://pericles.ipaustralia.gov.au/ols/auspatbeta.

 

EPO Signed Patent Cooperation Agreement with Morocco

The European Patent Office (EPO) has signed an agreement with the Moroccan Offce of Industry, Commerce and New Technologies on the validation of European patents.

The agreement will enter into force once the necessary implementing legislation has been passed by the Moroccan parliament.

 

China-EU Strengthen Bilateral Cooperation and Communication in IP Field

On December 21, 2010, the 3rd China-EU High-level Economic and Trade Dialogue was held in Beijing. This year’s theme was macro-economics and customs cooperation. The Dialogue was co-chaired by Vice Premier Wang Qishan, Vice-President of the European Commission and EU competition commissioner Manuel Almunia, Economic and Monetary Affairs Commissioner Olli Rehn, and Trade Commissioner Karel De Gucht.

Tian Lipu, commissioner of China’s State Intellectual Property Office China (SIPO), delivered a speech on IP cooperation between China and the EU. He stressed, “In the face of new opportunities and challenges, China and the EU shall strive for common development by further strengthening and developing a friendly relationship of cooperation and creating a favorable environment for the innovation of enterprises by carrying out national innovation activities.”

Manuel Almunia also expressed, “The benefits driven from economic cooperation between the EU and China are clear. With a cored principle of promoting economic strong development, the EU will redouble efforts to lift the EU-China strategic partnership to a high level with China and deal with new global economic challenges cooperatively.”

During the Dialogue, the two sides fully affirmed the close cooperation in the fields of economics and trade that has occurred since the last Dialogue and agreed to enhance high-technology trade cooperation in the future. This aim is to boost the stable and healthy economic development of both sides, and achieve a strong, sustainable and balanced world of economic growth. Both agreed to hold the next China-EU high-tech trade workshop meeting as early as possible; accelerate the feasibility study process on the negotiation and signing of a bilateral investment treaty; further strength IPR cooperation in terms of industrial products, consumer goods, and foods and other goods and services to protect consumer health. In addition, both sides shall mobilize resources related to scientific study and technological cooperation; boost the exchange of innovative personnel; deepen joint cooperation in innovation and increase R&D funding. Customs offces of China and EU have signed the extended fles of the Strategic Framework on Customs Cooperation  and the Action Plan on Customs IP. The EU agreed to enhance communication with China for early reorganization of China’s market economic status soon.

The two sides reiterated that international coordination and cooperation of economic governance platforms (such as the G20) should be strengthened and the reformation of international finance rules and standards need to be propelled forward. Under the China-EU agreement, all agree they will take concrete actions to oppose any form of trade and investment protectionism, adopt remedial trade remedy measures with caution, and increase coordination and consultation in the Doha Round at the World Trade Organization (WTO) negotiations, pressing for a comprehensive and balanced outcome in the near future.

 

The IPR Channel Of China Daily Website Launched In Beijing--- Create a More Comprehensive New Platform for China’s IP Publicity

On January 18, 2011, the “Opening Ceremony for IPR Channel at China Daily Website” and the “China IP Annual Forum 2011”, co-organized by China IP Magazine and China Daily, were held in Beijing.

The SIPO’s Deputy Director Bao Hong, the CTMO’s Deputy Commissioner Chen Wentong, Director of Copyright Management Department of State Copyright Bureau Xu Chao, China Daily’s Deputy Editor-in-Chief Huang Qing and CEO of China IP Magazine Zhang Jizhe delivered speeches on the opening ceremony. 

More than 200 VIP delegates from relevant government departments, Fortune 500 international and local companies, IP management associations, colleges and research institutions, IP agencies, international organizations, foreign institutions stationed in China and media together witnessed the exciting moment.To satisfy the development of times and the requirement of readers, China IP Magazine together with China Daily established the IPR Channel of China Daily Website. By combining magazine, website as well as newspaper together, a more qualified, comprehensive and professional IP media platform is targeted to broaden and deepen the China’s IP publicity.

With the aim of forwarding China’s IP news worldwide, focusing on and progress and effort we made in the IP field, the IPR Channel, as a sub-channel of the authoritative national website of English news, will present the IP status and development in China comprehensively and fll the blanks of the absence of China’s IP publicity overseas.

On the “China IP Annual Forum 2011” with the theme of “Innovation, Practice and Co-win”, attendees summed up the achievements of China’s intellectual property cause and discussed the macro policies and regulations. They also analyzed the development of intellectual property and the value of IP application and management in enterprises.

The leaders and guests from national authorities and different civil societies deeply analyzed and interpreted the specific implementation plans and results of the special campaign of the “Cracking down on Intellectual Property Infringements and Production and Sales of Counterfeit and Shoddy Commodities.” Representatives from civil society organizations and enterprises also shared their successful experience of IP protection.