Patent Application Increases Five Times in 20 Years

    Tian Lipu, commissioner of the State Intellectual Property Office (SIPO) said in a recent interview that, although the intellectual property system started fairly late in China, and is still at a fumbling stage in intellectual property protection and appliance, the development is fast. And the increasing number of patent application in China is also very satisfactory.

    Tian Lipu pointed out that, in 2006, the overall application number of three patents in China, including inventions, utility models and designs, arrived at 573,000, increasing by 100,000, that is, 20.3% as compared with that in 2005. Among these, the application numbers of utility models and designs have alreadystood first in the world for several years continuously, while inventions came in fourth, and has been increasing by over 20% for seven years or more.

    In June, 2006, the number of accepted patent application in China broke three million. It took nearly 15 years to achieve the first million, a little more than four years to the second million and just two years and three months to the third million. It is expected that the fourth million would come true within two years. The quality of patent applications has also improved steadily, with patent application of domestic high-tec invention increasing five times during 20 years, from less than 3,500 to 122, 000. Enterprises have become the main applicants of invention patents, whose granted patent rate and implementation rate are kept at a fairly high level.

    With the patent business spreading out rapidly and patent application number increasing quickly in China, the patent examiners keep on increasing and growing. So far, there are more than 2,800 examiners in the SIPO, which makes the SIPO one of the largest patent offices with strong examination ability in the world. It is expected that the number would become 5,000 by 2010.

    July 11, 2007                                            Source: China.com.cn

69 Olympic Marks Have Been Recorded

    According to news spreaded by related departments, so far, the Trademark Office of the State Administration for Industry and Commerce has put 69 Olympic marks on records, and registered seven special marks including Fuwa. The ordinary trademark applications for registration of the emblem and mascots of 2008 Beijing Olympic Games are under examination currently.

    It is introduced that these 69 recorded Olympic marks include: design marks, such as the five Olympic rings, the emblem of Beijing Olympic Organizing Committee, etc.; word marks, such as the Olympic motto, Beijing Olympics’ slogan, etc.; special term marks, such as the name of 29th Olympic Games. Besides, some new design marks of Olympic are being recorded.

    Seven registered special marks are: “福娃”, “Friendlies”,“FUWA”, the cultural activity mark of 2008 Beijing Olympic Games, the environment mark of 2008 Beijing Olympic Games, the volunteer mark of 2008 Beijing Olympic Games and the emblem of 2008 Beijing Paralympic Games. Besides, the mascots and mark of the torch relay of 2008 Beijing Paralympic Games are in registration procedure.

    July 10, 2007                                Source: China Industry and Commerce News

Over 250 Geographical Indication Trademarks Registered in China

    Korla pearls, Peiling mustard tuber, Anxi iron guanyin tea, Florida oranges…

    Li Dongsheng, the deputy director of the State Administration for Industry and Commerce released on July 26 that, so far, over 250 geographical indication trademarks have been registered in China.

    “Geographical indication is an important intellectual property right; China has established a system to protect it with trademark laws.” Li Dongsheng said in the World Geographical Indication Congress jointly held by the World Intellectual Property Organization and the State Administration for Industry and Commerce. The Chinese Trademark Law rules that, a geographical indication is a sign used on goods that have a specific geographical origin and possess qualities or a reputation or other characteristics that are due to the natural or human factors of that place.

    Li said, as long as the owner of geographical indication is in conformity with the registration conditions, files application with the Trademark Office of the State Administration for Industry and Commerce according to the trademark application and registration procedure and passes the examination, he/she can obtain the exclusive right to use the geographical indication. With the international treaty we have acceded to, it would be convenient to register in other countries.

    According to the facts revealed by the State Administration for Industry and Commerce, China has acceded to trademark-related international treaties like the Paris Convention for the Protection of Industrial Property, the Madrid Agreement for the Intellectual Registration of Trademarks and related protocols, and the TRIPS Agreement.

    Since 2001, China has finished a new turn of amendments to the Trademark Law on laws, regulations, rules and judicial interpretations, and adopted the rules on geographical indication and other related rules in the TRIPS Agreement, making the Chinese trademark laws and regulations fit into international rules.

    July 2, 2007                                          Source: Xinhua Net

Trademark FERRARI Adjudicated as “not well known” in Beijing

    Recently, the Beijing 1stIntermediate Courtruled Ferrari trademark and the Ferrari with the horse graphic trademark are not well known enough in China to be considered as a well known trademark.

    On January 4, 1995, Sports Merchandise filed for trademark registration of a horse logo with the Trademark Office. Ferrari filed a timely objection application with the Trademark Office , claiming the applied trademark is similar to its own horse logo. However, this opposition was in turn rejected by the Trademark Office and the State Trademark Review and Adjudication Board. After the review board rejected Ferrari's appeal, Ferrari brought the suit to court.

    Ferrari appealed to the trademark review board, claiming "both the Ferrari trademark and the Ferrari with the horse graphic trademark were unique and well known trademarks and had great reputation in the world. They had already been very familiar to the related public in China. The applied horse logo trademark had constituted similar trademarks with said trademarks of Ferrari in similar goods and should be rejected. "

    The court rejected Ferrari's claim with the following reasons: Ferrari failed to provide sufficient evidence regarding its use of the horse logo in China; instead, it merely provided the registration certificates home and abroad and the product list in foreign countries, which were not enough to prove that this trademark was well-known in China and had great reputation.

    July 11, 2007                                Source: Jinghua Times

The Supreme People’s Court Emphasized The Dealing of Foreign-related and Foreign funded Enterprises’ IPR Cases

    Wan E’xiang, vice president of the Supreme People’s Court of PRC, emphasized at the symposium for national high court presidents on July 4, that people’s courts at all levels should properly handle IPR cases related to foreign party or foreign funded enterprises, and protect the interested parties’ legal interest based on the requirements of fulfilling the commitment, fitting the national situation and protecting equally.

    Wan E’xiang proposed clear a principal at the same time: we must resolutely resist local protection and industrial protection as well as prevent super citizen treatment.

    Wan said, people’s courts at all levels must properly handle the IPR cases involving technical knowledge such as patent, technical secrets, and computer software, strengthen the protection strength to core techniques which have great effect on leading the economic growth and has independent intellectual property right; properly handle indicated IPR cases such as trademarks and geographical indications and various unfair competition cases, strictly regulate the market competition order; properly handle expressive IPR cases such as works and sound recording and video recording to promote the development of copyright related industry.

    Wan emphasized that, the courts should strengthen the sanction to IPR infringement acts and pay attention to punish infringers with civil sanction according to law to punish intentional infringers with adequately strict sanction. He also pointed out that the courts should make full use of existing laws and regulations to regulate the abuse of intellectual property right and maintain fair competition.