No.10--Chinese International Patent Application
Only one Chinese Enterprise among the Top 50 Applicants

World Intellectual Property Organization of the United Nations recently disclosed the international patent application amount of the year 2005. Chinese international patent application amount is the last of top 10, surpassing Canada, Italy and Australia.

But the SIPO expert reminds that there stays a big gap between China and developed countries. Chinese application, 2452 cases, only takes 1.8% of the total, which is far less than America 45111, Japan 25145 and Germany 15870. This number is only half of the South Korea, No. 1 among the developing countries. Only Huawei technologies Corporation Ltd. is found to be No.37 among the list of Top 50 enterprises in terms of application amount, among which are 17 from America, 15 from Japan, 8 from German and 2 from South Korea.

March-02-2006                           Source: Economy Reference Newspaper

DELL Sued Dell for Patent Infringement

As reported abroad, DELL recently sued an internet designer named Paul Dell to the court, because the latter built up his website: dellwebsites.com. Paul said DELL accused him of “infringing trademark right, unfair competition and damaging the interests of DELL Corporation.” He maintained that as stated in French Intellectual Property Law, he can use his “surname” to register a company if it is not ill-intentioned even though the same trademark has been registered by other companies beforehand. He continued: “I didn’t register dellwebsites.com out of ill purpose at the very first time. Dell doesn’t make money by running websites, neither do I manufacture computers.” So far, Paul’s idea has not been recognized by DELL yet.

Hong Kong Citizen First Certified as Mainland Patent Attorney

On February 10, four Hong Kong citizens first got patent attorney certificates from Chinese mainland, and started to practice as patent attorneys at China Patent Agent (H.K.) Ltd.

According to “the Arrangement of National Patent Attorney Certificate Examination for Hong Kong and Macau Citizens”, the one who holds the patent attorney certificate can apply for the patent attorney license and work at any patent agency or Hong Kong/Macau-based patent agencies approved by the mainland government after one year internship therein. These four Hong Kong citizens holding patent attorney licenses all passed the national examination of patent attorney certificate of 2004.

March-02-2006                               Source: IP Newspaper

Some Enterprises of Jiaozuo, Henan not Know
How to Apply for Patent

Innovation is an important embodiment of enterprise competitiveness. However, a research shows that some enterprises of Jiaozuo, Henan do not even know how to apply for patent.

Enterprise research team of Jiaozuo, Henan made a survey among 50-plus industrial enterprises for the purpose of inquiring innovation and intellectual property protection condition. It shows that even though many enterprises have taken measures to promote innovative activities, there still exist lots of problems such as lack of R&D investment, shortage of scientific technicians and weak awareness of intellectual property protection.

Among the investigated enterprises, one fifth fail to apply for patent in time due to ignorance of patent application knowledge.

Experts suggested that for the purpose of solving the above-mentioned problems, a new system needs to be built to guarantee the enterprise innovation. The new system needs joint efforts from the government, society and enterprises at various levels to become market-based, government-guided, society-initiated and enterprise-leaded.

Zhaoxing Li: Intellectual Property needs Sino-US cooperation

On March 7, the minister of Foreign Ministry, Zhaoxing Li, declared at the news press of the 4th Session of the 10th National People’s Congress that China attaches special attention to IP (intellectual property) protection and has strengthened IP protection from aspects of legislation, judicature, law enforcement and education. It should be a joint point of Sino-US cooperation and communication.

He also pointed out that it is not wise to politicize every problem. Regulations of WTO should always be conformed with. Sino-US bilateral trade has amounted to 2116 billion USD last year with an increase of 24.8%, and China has become the fastest-growing export market to America. Li hoped that US can seriously consider Chinese standpoint, loosen the export limitations of technologies to China, and oppose any proposal influencing normal trade cooperation so as to promote healthy development of the Sino-US trade relationship.

Concerning the Chinese weak protection of IP criticized by US, Li responded that China lays great emphasis on IP protection, and has strengthened the protection of IP from aspects of legislation, judicature, law enforcement and education. In 2005, Chinese Industrial and Commerce Administrative offices at different levels have prosecuted more than 39,000 trademark infringement cases. IP should not be the divergence between China and US but a joint point of Sino-US cooperation and communication.

March-13-2006               Source: Intellectual Property Newspaper