2. Shen Changyu meets WIPO Director General Francis Gurry in Beijing
On July 9th, SIPO Commissioner Shen Changyu met with WIPO Director General Francis Gurry and his delegation in Beijing. The two sides had in-depth discussions on issues such as WIPO opening an office in China. Shen Changyu said it is of great importance that WIPO opens an office in China which will not only facilitate daily liaison and cooperation between departments of SIPO and WIPO, but also increase mutual understanding and consensus, benefiting Chinese IP users with more convenient and higher-quality services in particular. Mr. Gurry said that the setting-up of WIPO’s Chinese Office is quite important, which opens a new chapter and is a milestone in cooperation between the two sides. Both sides also exchanged ideas on issues such as the latest statistics of Chinese patents, the process of China joining the Hague Agreement, etc.
Source: SIPO

3. Beijing: “patent highway” with UK
A“Patent Prosecution Highway that opened recently between SIPO and the UK Intellectual Property Office allows patent owners to request accelerated processing in each country. James Younger, the UK minister for IP, said that the program will encourage growth and enable UK businesses to work more closely with China, one of their most important economic partners.
Source: China Daily

4. WIPO Chinese agency opened in Beijing
On July 10th, the opening ceremony of WIPO Chinese agency was held in Beijing, which is the 5 of its kind to be opened worldwide after offices in Brazil, Japan, the U.S. and Singapore. Dr. Francis Gurry, Director General of WIPO, Wang Anshun, Mayor of Beijing and Shen Changyu, the Commissioner of SIPO attended the opening ceremony and gave speeches. Zhang Mao, the Commissioner of the State Administration for Industry and Commerce of China, Wang Chao, Deputy Foreign Minister of China and Yan Xiaohong, Vice Commissioner of National Copyright Administration of China also attended the opening ceremony.
Source: China IP News

5. Examinees for patent agent qualification examination soar
According to the latest statistics from SIPO, the number of examinees for patent agent qualification examination 2014 reached29,364, up 26.4%, a record high since this qualification evaluation system was established. The numbers show that 16,817, 57.3% of the total, file the entry28%. In 2012, SIPO carried out a new policy that on- the-job graduate students are endowed to attend the examination. Since then, examinees from on-the-job graduate students climbed. In 2014, the number reaches3,864, up 75%. At the same time, 12,547 examinees have filed for the examination more than one time, up 24%.
Source: China IP News

6. The publishing of The Draft Revision to the Revised Provisions on the Recognition and Protection of Well- known Trademarks
For the purpose of manifesting the legislative spirit and requirements of China’s New Trademark Law on the well-known trademark protection system, Trademark Office of the State Administration for Industry & Commerce of the People’s Republic of China and Trademark Review and Adjudication Board promulgated The Draft Revision to the Revised Provisions on the Recognition and Protection of Well-known Trademark. This Law shall be entered into force 30 days after the date of promulgation.
Source: China IP Magazine

7. Cases on unfair competition on the Internet exploding
Statistics show that the court dealt with a total of 110 cases on unfair competition from 2010 to 2013, in which 33 were associated with violations on the Internet, accounting for 30% of the total. In determining the amount of compensation, the court adopted the upper limit of the statutory compensation in some specific cases in order to impose more severe punishment for unfair competition on bad faith. For instance, in the lawsuit of Dianping.com v. Aibang.com, the court awarded the winner as high as 500,000 yuan compensation.  Based on the amended Civil Procedure Law of China, the court issued injunctions in two cases related to the Internet for the first time, banning infringers from violating others’ rights in time, a move which helped innocent parties avoid losing their market despite a successful lawsuit.
Source: IPR in China

8. China arrests more than 40 for copyright infringement
China has arrested more than 40 suspects for their alleged involvement in eight online piracy cases, the National Copyright Administration (NCA) said in a statement. The suspects gained profits by offering movies, TV programs, and music products to Internet users without authorization. Some of them provided free download service for Microsoft’s Windows system, sold pirated books or standards of the International Organization for Standardization. The suspects are located in the municipalities of Beijing and Shanghai, the provinces of Anhui, Jiangsu and Shandong, as well as Guangxi Zhuang Autonomous Region. The statement came nearly one month after four government organs jointly launched a half- year campaign against online piracy. The four government organs are the NCA, the State Internet Information Office, the Ministry of Industry and Information Technology, and the Ministry of Public Security.
Source: Xinhua

9. Video sites top dispute cases
The China Academy of Telecommunication Research unveiled an annual Internet copyright report in mid July, which noted that online video disputes accounted for more than a half of the total infringement cases concerning Internet communication in 2013. Video-sharing portals and websites that provide video search services have become the most vulnerable to litigations. Courts in Beijing, Shanghai and Guangzhou dealt with more than two-thirds of total online copyright cases handled by local courts across the country.
Source: China Daily

10. Global innovation index: China hailed for creativity
China has been singled out for its embrace of economically innovative thought leadership during the release of the latest Global Innovation Index (GII) on July 18th, on the sidelines of the B20 and G20 Trade Minister’s meetings in Sydney. The GII executive summary noted that alone among the Brazil, Russia, India, China, and South Africa (BRICS), China seems on track to enter the top25 in the GII, China ranks second in innovation efficiency in 2014 on a global basis and is improving steadily along many dimensions of the GII. Among BRICS, four improved their positions. Brazil rose by three places to reach the 61st rank, the Russian Federation by 13 places to reach the 49th, and China by six places to reach the 29th, and South Africa by five places to reach the 53rd. India, however, slips 10 places to the 76th position this year.
Source: Xinhua

11. Experts urge lending innovation for small firms
Chinese economists have urged banks to be innovative in lending to capital-thirsty small firms to help them weather the economic downturn. Banks and policy makers should make innovations to address the difficulties small firms always meet in raising capital because of inadequate guarantees, prominent economist Cheng Siwei said during a forum on small firms’ development. He advised banks to consider whether they could “allow small firms to pledge their receivables or orders as securities for loans.” Li Zibin, president of the Chinese Small and Medium-Sized Enterprise Association, said patent technology should be accepted for small firms to get the loans they so badly need in their start-up period, a practice used in some other countries. “But it is hard to realize,” he admitted, “unless corresponding rating agencies are established in advance.”
Source: Xinhua

12. Gan Shaoning met with delegation of American Intellectual Property Law Association
Recently, Gan Shaoning, Deputy Commissioner of the State Intellectual Property Office (SIPO) and Executive Vice President of China Intellectual Property Society (CIPS), met with the delegation of American Intellectual Property Law Association (AIPLA) in Beijing. They exchanged views on IP issues of common concern. Gan Shaoning hoped that the visit by AIPLA delegation this time could further enhance interactions on IP between China and the U.S. as well as cooperation between the IP NGOs of the two countries. Gan Shaoning says China and the U.S. continue deepening their IP cooperation in recent years. Since the establishment of the annual mutual visits mechanism in 2005, CIPS and AIPLA have conducted effective cooperation in co-organizing international intellectual property seminars and exchanging activities such as mutual visits.
Source: SIPO

13. Geographic indication logos granted in China
The General Administration of Quality Supervision, Inspection and Quarantine granted 6,000 companies and organizations across China permission to use geographic indication logos, or GIs, on more than 1,800 products worth nearly 1 trillion yuan ($161 billion). Primary agricultural products increased by 15% to 20% in value, which made GIs a key tool to promote county economies in the country, according to the administration.
Source: China Daily

14. Innovations auctioned
More than 80 patents and high-tech innovations were auctioned recently in Hangzhou, bringing in combined sales of more than 120 million yuan ($19.2 million). A package of five patents in the chemical sector owned by the Zhejiang University was sold for 10 million yuan, the highest price in the auction. A professor at the university said the five patents could play important roles in biomedical and magnetic research.
Source: China Daily

15. Chinese antitrust agency looking into Microsoft
A Chinese antitrust regulator said it is investigating whether Microsoft’s Windows operating system and Office business suite are a monopoly. The unexpected probe came amid an investigation of chipmaker Qualcomm’s monopoly status. Analysts said the measures targeting at the U.S. tech giants underline China’s concern over technological dependency on the U.S.
Kitty Fok, China head of technology research company International Data Corp, said the regulators should consider giving guidelines to the multinationals for them to run self- evaluations. “This could be a better option for the government instead of checking everything and announcing a punishment,” she said.
Source: China Daily

16. Kunming Hi-Tech Zone has 26 new innovation companies
The review and authentication meeting of innovation companies in the Kunming National Hi-Tech Industries Development Zonewas convened recently, and 26 out of 27 applicant enterprises were identified as innovation companies. According to the economic development administration of Kunming hi-tech zone, the authentication of innovation companies is one of the important measures in the transformationof industrial structure in the zone. It contributes to the development of hi-tech industries by raising the innovation consciousness, improving the research and development management, and enhancing the competitiveness of enterprises in the zone.
Source: China Daily

17. Enterprises of Dongguan, Guangdong Province may apply for pledge financing with trademark
Recently, Provisional Measures of Dongguan for Subsidization for Pledge Financing with Exclusive Right to Use Trademarks (the Measures) was deliberated and adopted at Executive Meeting of Dongguan Municipal Government of Guangdong Province. In future, enterprises will be able to apply for pledge financing with exclusive right to use trademarks in case of problems of capital chain. Dongguan thus becomes the first city of Guangdong Province that initiates subsidization for pledge financing with exclusive right to use trademarks.
Source: China IP Magazine

18. New alliance promotes LED patent protection
The first national patent alliance for the LED industry was unveiled at an IP management summit forum in Guangzhou late on July 29th. The event was organized by Guangdong Solid State Lighting Industry Innovation Center. The alliance aims to serve the LED companies by helping them deal with IP problems, said Gui Shirong, Director of the center and Director-general of the alliance.
Source: China IP Magazine

Enterprises

1. Simon wins trademark dispute v. Smodavi
As a worldwide famous manufacturer of electric appliances and related systems, Simon Holding S. L. set up Simon electric (China) co., Ltd (Simon) in 2008. A trademark of “Smondavi and image” from Wenzhou Smondavi electric co., Ltd (Smondavi) causes a controversy of Simon. Recently, Beijing First Intermediate People’s Court made a decision of revoking the trademark above. Before, the Trademark Review and Adjudication Board (TRAB) under the State Administration for Industry & Commerce approved Smondavi’s objection of “Smondavi and image” and dismissed it. Smondavi appealed to Beijing First Intermediate People’s Court, asking for overruling the decision of TRAB. The Court held that, “Smondavi and image” looked similar to the two reference trademarks in design, and were used on the same or similar kinds of commodities, which would lead to customers’ confusion. Thus the court affirmed the decision of TRAB.
Source: China IP News

2. Youku Tudou sued iQiYi and PPStream for piracy and claimed compensation of 15.7 million yuan
Youku Tudou Inc. announced on July 8th that it had formally filed 30 law suits against iQiYi.com and PPStream for their piracy of the TV series whose exclusive licenses belong to Youku Tudou Inc. to Beijing Haidian District People's Court and Shanghai Xuhui District Court respectively. The TV series involved in this case include five TVB dramas such as House of Harmony and Vengeance, The Last Steep Aliment, The Condor Heroes etc., and a series of domestic popular dramas. The claim amount is up to 15.7 million yuan.
Source: China IP Magazine

3. Apple defeated for Siri infringement in China
Previously, Apple Computer Trading (Shanghai) Co., Ltd. (Apple Shanghai) was sued because one of its applications Siri was suspected of infringing the patent of “Little I Robot,” after which Apple Inc. brought an administrative lawsuit to SIPO to invalidate the patent “Little I Robot.” The Patent Reexamination Board made the No. 21307 decision of remaining in force the involved patent. Then, Apple Shanghai appealed to Beijing First Intermediate People’s Court to overturn that decision. However, the Beijing First Intermediate People’s Court ruled that Apple Inc. failed the appeal, and maintained the original rule made by the patent committee to be valid. Apple Inc. said it would continue to appeal.
Source: China IP Magazine

4. The dispute on the trademark of Tesla escalated
Recently, Tesla Motors was charged with trademark infringement in China, which became the latest example of overseas enterprises facing business difficulties in China. A Chinese businessman Zhan Baosheng appealed to the Beijing Third Intermediate People’s Court to formally file a lawsuit against Tesla, requiring that Tesla must immediately bring an end to its sales of Tesla motors in China and all related marketing activities. Additionally, Tesla was requested to close all showrooms in the Chinese market and all super charging stations, and to pay Zhan Baosheng 23.9 million yuan (3.85 million U.S. dollars) as compensation.
Source: China IP Magazine

5. Nike failed in a trademark dispute
The international company Nike In c. instituted an administrative lawsuit after it failed in its objection to the trademark “科比 KB-KOBE” and the review of adjudication on its objection. This case has recently gone through final judgment in the Beijing Higher People’s Court. According to the final decision, the court held that the appeal lodged by Nike Inc. was without substance. The trademark “科比 KB-KOBE” applied for registration by Mr. Hong was eventually maintained.
Source: China IP Magazine

6. Final verdict of ChengHuang trademark litigation revoking the infringement trademark
After the China Taoist Association formally put forward the revocation application to the Trademark Review and Adjudication Board of State Administration for Industry and Commerce in 2009, the dispute was passed through administrative adjudication, the first instance in Beijing First Intermediate People’s Court, and second instance in Beijing Higher People’s Court. At last, Beijing Higher People’s Court made  the final decision to “Cheng Huang” administrative trademark dispute, and turned down the appeal of the former Shanghai Cheng Huang Jewelry Co., Ltd. was turned down and kept original judgment, that the “Cheng Huang” trademark was repealed to register in the following 14 categories goods including “gem, diamond, pearl (jewelry), jade, jade carving, ring (jewelry), bracelets (jewelry), necklace (gem), precious metals earrings, silver ornaments.” This multi-year dispute finally came to an end.
Source: China IP Magazine

7. Didi taxi suffering the lawsuit again after changing its name into“滴滴”
Believing that the operator of Didi taxi used the name of“滴滴”without authorization, and its service items were similar with the services approved by his trademark, Riicy Technology in Guangzhou sued Beijing Science and Technology Co., Ltd., the operator of Didi taxi, and asked it to stop infringement immediately and to publish a statement to eliminate the influence at its website and national mainstream media. At present, this case was accepted by Haidian District People’s Court.
Source: China IP Magazine

8. Popular Webcasts infringing the broadcasting right of second season of I am a Singer
On July 11th, Le T V (Tianjin) Information Technology Co., Ltd. filed a lawsuit against Funshion, with the reason that the exclusive information network transmission right to the second season of I am a Singer was infringed, and believed that Funshion should not play the show on the Internet and through mobile clients arbitrarily without its approval. Beijing Haidian District People’s Court had concluded the case, ordering Funshion to stop infringement and pay 500,000 yuan for compensation.
Source: China IP Magazine

9. ZTE filed an application for antitrust investigations on Vringo in Europe
ZTE corporation announced recently that it had filed an application to the European Commission for an antitrust investigation of Vringo, as a response to the suspected practice of the U.S. headquartered  patent developer  and its associate companies on abusing their dominance in the European market, requiring investigations on the above- mentioned behavior of Vringo.
Source: China IP Magazine

10. Winemaker Penfolds in legal battle with "trademark squatters" over right to use its Chinese name
Australian winemaker Treasury Wine Estates, owner of the popular Penfolds brand, is facing a legal challenge in China in the latest of a series of high- profile trademark disputes involving big international brands. A Treasury Wine Estates spokesman said it won a Chinese court case granting it the right to use Penfolds’ adopted Chinese name
Ben Fu, translated “chasing prosperity” for its wines, even though others had already registered the trademark there. But the Chinese trademark holders had appealed the verdict and that Treasury would continue legal procedures to assert trademark rights over its chosen Chinese name. “This appeal is still pending and it will take time for the Chinese legal system to process this matter,” said Roger Sharp, Treasury’s Director of corporate affairs.
Source: South China Morning Post 

11. The “Gold Housekeeper” of GF securities sued for trademark infringement
Because of the usage of “Gold Housekeeper” on stock exchange software was suspected of being involved in trademark infringement, the domestic listed securities trader-GF Securities was sued by the trademark holder who is from Leqing city, Zhejiang Province, with a claimed compensation of 5 million yuan. At present, Wenzhou Intermediate People’s Court has accepted the case. The case is said to be China’s largest trademark infringement case by the amount of demanded compensation, after the implementation of the new trademark law.
Source: China IP Magazine

12. LeTV sued MI Box for pirated broadcasting of its videos and won compensation of 150,000 yuan
Recently, the Beijing Haidian District People’s Court declared the victory of LeTV on its suit against Xiaomi Box which had broadcasted without consent ten film andtelevision works including Harem-Legend of Zhen Huan and Love is Not Blind. In the verdict, Xiaomi was pronounced to take joint liability for70% of the works mentioned in the case and pay LeTV 150,000 yuan as compensation for its losses.
Source: China IP Magazine 

13. Alibaba digital entertainment group strived to get Xiami.com the music copyright for the third Season of The Voice of China
The Voice of China announced the ownership of the exclusive music copyright of its third season when it started to shoot videos in Jiaxing, Zhejiang Province. The music copyright of the third season is exclusively possessed by Xiami.com and TTpod, which are owned by Alibaba Digital Entertainment Group. According to mutual agreement, Xiami.com, as the only channel for audition and download of songs from The Voice of China on the network, will immediately put out the songs sung by participating singers. Meanwhile, Xiami.com will come up with a mobile phone client named “Special Edition of The Voice of China,” followed by the Tmall Magic Box which will also have synchronous access to the songs sung by candidates of The Voice of China through Xiami.com. In addition, the official flagship store The Voice of China together with Xiami.com will open on Tmall.com, selling genuine music works and all kinds of derivatives of The Voice of China.
Source: China IP Magazine

14. John Deere confronted with infringement of trademark
In June 2013, John Deere brought a lawsuit before Beijing Second Intermediate People’s Court, claiming JETEC International Heavy Industry (Qingdao) Co., Ltd. (JETEC Qingdao Company) and JETEC International Heavy Industry (Beijing) Co., Ltd. (JETEC Beijing Company) use a logo similar to registered mark of John Deere on harvesters and decoration similar to special decoration of John Deere’s well-known products, infringe its exclusive right to use registered mark and constitute unfair competition. John Deere required the court to order foregoing two companies to immediately cease infringement and compensate for economic losses of 400,000 yuan and reasonable expense of 100,000 yuan. Beijing Second Intermediate People’s Court made the first instance judgement, ordering JETEC Qingdao Company and JETEC Beijing Company to immediately cease to infringe trademark right of John Deere and compensate John Deere for economic losses of 400,000 yuan and reasonable expense of 50,000 yuan. JETEC Qingdao Company and JETEC Beijing Company raised an objection and instituted an appeal. At present, the case is in the second instance.
Source: China IP Magazine 

15. Bus WiFi IPR depute: Bus Online bringing a lawsuit against Vision China Media
Rectification of bus WiFi was commenced when concept of free bus WiFi was launched. Bus Online, one of the largest mobile WiFi service providers for buses, announced that it had brought a lawsuit before a court concerning infringement of bus WiFi related IPR by Vision China Media Group Co., Ltd.. At present, Beijing Second Intermediate People’s Court has officially accepted this case.
Source: China IP Magazine
 

16. AUX and Gionee accused of violation of standard essential patents
The Beijing Third Intermediate People’s Court had recently accepted two cases of infringement upon the WCDMA standard essential patent, in which Guangdong Nufront CSC Co., Ltd. brought suits against Ningbo AUX Air Conditioner Co., Ltd. and Shenzhen Gionee Communication Equipment Co., Ltd. respectively for infringing on a patent for invention, with the same defendant, one of the shops, Suning Commerce Group Co., Ltd. in the two cases.
Source: China IP Magazine

17. Ronghe Shaofang: dispute about the same name finally settled
Considering Guizhou Renhuai Maotaizhen Ronghe Liquor Co., Ltd. (Ronghe Liquor Company) uses the character o f “Ronghe Shaofang,” applies for registration of trademark and use “Ronghe
Shaofang” (No. 6405315 Trademark) and “Ronghe Shaofang Liquor” (No. 9290829 Trademark) on liquor products, infringes enterprise name right and constitutes unfair competition, Guizhou Ronghe Shaofang Liquor Co., Ltd. (Ronghe Shaofang Liquor Company) brought a lawsuit before the court against Ronghe Liquor Company and Beijing Huijiu Liquor Co, Ltd. (Huijiu Liquor Company), a nationwide general agency of Ronghe Shaofang liquors. In the first instance, the Beijing Chaoyang District People’s Court rejected claims made by Ronghe Shaofang Liquor Co., Ltd.. At present, the first instance judgement of this case has taken effect.
Source: China IP Magazine 

18. Meituan.com and Dianping.com accused each other of picture infringement
On July 17th, Yang Jun, the vice-president of sales of Meituan.com alleged that the infringement case which Dianping.com stole the group-purchasing photos of the Meituan.com had been judged by Xuhui District Court, Shanghai. In this infringement case, Meituan.com finally won the lawsuit and would receive compensation of49,400 yuan from the Dianping.com. Soon afterwards, Dianping.com filed a lawsuit against Meituan.com. Dianping.com contended that more than 100 pictures of which it possessed copyright had been infringed by Meituan.com and that some photos were even directly screenshot from it. Now, Dianping.com has instituted legal proceedings to the Chaoyang District People’s Court, Beijing.
Source: China IP Magazine

Global News

1   EU
EPO and Spain continue cooperation on Latin America
Meeting in Santander, Spain, EPO President Beno?t Battistelli and the Director General of the Spanish Patent and Trademark Office, Patricia García-Escudero Marquéz, signed an agreement to promote the quality and efficiency of the Latin American patent system to the benefit of its users and of European industry in particular. This agreement, which follows the successful completion of a similar agreement signed in 2011, will enable both Offices to develop their co-operation by creating synergies, implementing joint actions, and better coordinating their respective activities in Latin America. It aims to improve access to and the public dissemination of Latin American patent information.
Source: EPO News

2   UK
Scotch Whisky trademarked in Burma
A collective trademark to protect Scotch whisky against fakes has been introduced in Burma-a market which saw Scotch exports jump by 65% last year. The changes will allow action to be taken more effectively against products wrongly being sold or passed off as Scotch whisky giving greater protection to both consumers and the industry, according to the Scotch Whisky Association. The changes mirror those introduced in Australia earlier this year, a country which was said to have a “serious problem” with fakes. The trademark gives similar protection to Scotch in Burma already enjoyed by products such as Parma ham and Champagne which are subject to a geographic indicator.
Source: The Drinks Business

3   U.S.  
Artist sues Pet Toy Company over Angry Birds trademark
Years before there was an Angry Birds video game, pet accessory maker Hartz partnered with Seattle artist Juli Adams to release a line of Angry Birds cat toys. A lawsuit filed at the U.S. District Court for the Western District of Washington by Adams alleges Hartz unlawfully took her trademarked designs and turned them into a licensing partnership with game developer Rovio that could be worth millions. Now Adams is seeking compensation from Hartz based on the revenue generated via the trademark.
Source: KOTATU

4   U.S.                            
PwC’s 2014 patent litigation study
PricewaterhouseCoopers (PwS) has just released its comprehensive annual study of the U.S. patent litigation, covering the period from 1991 through 2013. Examining everything from litigation success rates, time-to- trial and median damage awards to comparisons of judges, districts, jury v. bench trials and non- practicing entities (NPEs) v. practicing entities (PEs), the report is a treasure trove of fascinating statistics. The report concludes that, “in some ways, 2013 appeared to be a moderating year in patent infringement litigation,” with fewer mega-damage awards and a continuing decline in median damages, but on the other hand, “both the number of patent cases filed and the number of patents granted continued to grow rapidly in 2013-  by  25%  (to  almost 6,500 cases) and 7% (to almost 300,000 patents) respectively.”
Source: International Technology Law Blog

5  U.S.                                                          
Google, Canon and others join forces to stamp out NPEs
Major companies in the technology industry, including Google and Canon, have signed an agreement aimed at stemming the advance of aggressive non-practising entities (NPEs). The agreement, called LOTNET, has seven members so far, all of which are looking to protect their patents. It was officially announced on July 10th. Under the terms of the agreement, if any member sells its patents, all the other companies in the network will receive a royalty-free license to use the IP. According to LOTNET, the plan will protect its members from being pursued if a sale ends up with its patents in the hands of certain types of NPEs.
Source: WIPR