Artificial intelligence (AI) is a definitive force of the new round of technological revolution and industrial change, and has become the focus of international competition and industrial policy efforts in various countries. Driven by technological innovation, AI has been deeply integrated with all walks of life, propelling high-quality development and reshaping the world economy and human society.
The prosperity of the audio cultural industry is inseparable from the robust protection of audio copyrights and an environment that respects the creation of audio content and is conducive to the dissemination of audio content. Tong Gang delivered a speech to the guests from multi-dimensional and multi-perspective of academic, legal, policy, management, innovation, and practice, contributing to the healthy and sustainable development of the audio copyright industry.
Langkong Art Museum presented ‘An Intellectual Property Day’ during the ‘Linear’ exhibition in celebration of the publication of the 100th issue of China Intellectual Property magazine (English Edition) in Beijing on July 17. The event’s co-organizers include China Intellectual Property magazine, Beijing Sunshine Intellectual Property and Legal Development Foundation, and Zhongguancun Intellectual Property New Association.
ECTA is looking forward to welcoming many colleagues at its 39th Annual Conference ‘Waltzing with IP’ on 21-22 October 2021, this year in a hybrid format. For safety reasons, this prestigious European IP event will be organised either in Vienna for a limited number of participants and online. We have ensured a very engaging programme with most distinguished guests and speakers such as WIPO Director General Daren Tang: find out what you may expect and register soon!
Recent studies conducted worldwide have reached a consensus that “China’s moment” is befalling the global arena of artificial intelligence (AI) research and application. Beyond this bare fact, the country has never hidden its ambitions of prolonging “China’s moment” into “China’s era” with its comprehensive national power, a putative measure of Chinese origin, going from strength to strength.
Generic vocabulary can have acquired distinctiveness through long-term promotion and use, so the "proper use" of a trademark of the "generic term" nature is limited to the use of the first meaning of the term, i.e. the literal and inherent meaning of the word(s); The use of the second meaning of a "generic term" is actually an infringement act of the good reputation of another's well-known trademarks.
This case involves the determination of commercial disparagement committed by employees of a company through their personal social media accounts. WeChat Moments has now become an important channel for information dissemination, and a considerable number of operators have used WeChat Moments as a marketing place to release promotional content.
When an internet rushing buy service uses technical means to provide users of the target platform with an unfair rushing buy advantage, which destroys the established rushing buy rules of the target platform and deliberately bypasses its regulatory measures, causing serious damage to the user stickiness and business environment of the target platform, it shall be deemed to have constituted unfair competition.
Through the effective regulation of new types of unfair competition acts under the context of internet competition environment, this case encourages operators to operate in good faith, maintain the normal competition order in the internet market, promote the healthy, orderly and standardized development of the internet video industry, which provides important regulatory guidelines for the rapidly developing internet industry in China.
The unfair competition acts regulated by the principle provisions of Article 2 of the Anti-Unfair Competition Law shall, first of all, not among the unfair competition acts or infringement acts of typical intellectual property rights explicitly enumerated in the law; second, they should be competitive acts leading to harm to the competitive interests of other operators.
Established in 1995, Watson & Band is one of the oldest law firms in Shanghai and even in East China to be involved in the intellectual property business, also one of China’s oldest intellectual property service providers with the qualifications of foreign-related patent agency. Today, Watson & Band has developed into an integrated legal and IP services provider that is represented primarily by Watson & Band Law Offices and Watson & Band Intellectual Property Agent Ltd.
The distribution and protection of overseas intellectual property is highly specialized and systematic. Some domestic companies do not lack the courage and determination to go global. Still, facing multiple obstacles such as high costs, complex processes, unfamiliar environments, and different systems, it is inevitable that they are feared of the prospects of overseas intellectual property distribution and protection.
"Roads are not natural to the world. Only if a track is trodden uncountable times, it becomes a road." In 2014, Tao Ye founded Shanghai Bili Patent Evaluation Technology Co., Ltd. Over the past few years, Tao Ye has led the excellent Bili team to explore the intellectual property value evaluation, which is a niche business field of intellectual property and has achieved excellent results. Since its establishment, Bili has developed unique technical standards while pricing knowledge assets, which complement each other.
In January 2020, Lusheng Law Firm Intellectual Property Service Team won the award of "Outstanding IP Service Teams in China". This is the fifth consecutive year that it has been awarded. As a law firm specializing in professional services in the field of intellectual property rights, since its establishment in 2006, Lusheng has been committed to expanding its international horizons.
At the 10th China Intellectual Property New Year Forum and the 2020 China Intellectual Property Managers Annual Meeting held in January 2020, the Patent and Trademark Law Office of the China Council for the Promotion of International Trade was successfully selected as the “2019 China Outstanding Intellectual Property Service Team”. It has been successively awarded the Outstanding Intellectual Property Service Team several times.
Article 25 of the Patent Law provides for six types of subject matters for which no patent right should be granted. No matter how practical, novel or inventive they are, specific results covered by such subject matters are excluded from patent protection. Nevertheless, the determination of ineligible subject matters does not require evidence to aid comparison as in the case of commenting on novelty or inventiveness, which can be concluded directly and merely by deductive reasoning.
From the perspective of the legislative purpose, the purposes of formulating the patent law are the same in all countries in the world, and with the continuous development of globalization and deepening international cooperation, international patent procedures such as the Paris Convention for the Protection of Industrial Property and the Patent Cooperation Treaty (PCT) have emerged accordingly. However, there still exist subtle differences in many provisions of the patent law of each country depending on their actual situations.
This article mainly introduces and discusses the specific types of cases that can be postponed in trademark administrative cases and the circumstances of the application of postponement. In the above-mentioned procedures and other procedures, there are also some other causes for postponement, such as requesting for the postponement of examination of review cases of refusal based on a consent.
The analysis of this paper shows that there are two main factors that affect the ownership of trademark rights of informal appellation: one is whether the holder of formal trademark has subjective intention and objective behavior to use informal appellation, and the other is whether the use of informal appellation by others will lead to confusion and misunderstanding or damage the legitimate rights and interests of the holder of formal trademark.
Patent marking statutes in the U.S. and China take completely different stances. In the U.S., patent marking requires an affirmative act of the patentee to mark her products, and failure to comply with patent marking may drastically limit the past damages afforded to the patentee before a litigation on patent infringement had begun. In contrast, patent marking in China only gives the patentee the right, rather than the obligation to mark, whereas the patentee may be entitled to a fully recovery of past damages regardless of whether or not she has done patent marking.
The correct trial of this case plays a vital role in unifying adjudication standards of former employees' using the original company's customer information to infringe on trade secrets, improving the rules of evidence application, hearing civil cases of infringement of trade secrets in a fair manner in accordance with the law, and creating a legalized business environment.
it is of great significance to clarify the ideas of handling intellectual property technical investigation cases, fully utilize the opinions and information in patent examination and authorization to improve technical investigation opinions, and deal with the contradiction between a large number of technical investigation cases and little personnel, so as to unify review and confirmation of rights and judicial judgment standards and improve the quality and efficiency of intellectual property trials.
The special feature of this case is that the trademark was still legally in existence when the accused trademark was used by Nanchangxin Company, but was later cancelled (invalid).
The 2022 INTA Annual Meeting will be held in Washington DC as a physical event with virtual components from April 30 to May 4. With 6,500 organizations from 185 countries comprising INTA’s membership, its annual meeting has been recognized as the world’s largest IP event. As INTA’s media partner in China since 2014, China IP on February 28 interviewed INTA CEO Etienne Sanz de Acedo.
INTA's 2022 Annual Meeting Live+ has been held in Washington, D.C., as a combined physical + virtual event from April 30 to May 4. The choice of a hybrid format reflects the association's response to the easing of COVID-19 social distancing restrictions, with the transition from its 143rd Annual Meeting Virtual+ to the 144th Annual Meeting Live+. As INTA's media partner in China since 2014, on February 28 China IP interviewed INTA CEO Etienne Sanz de Acedo.
Zeeger Vink, IP director of MF Brands Group, is the INTA 2022 President. In this role, he is Chair of the Board of Directors and the Executive Committee. In an interview with China IP, Mr. Vink shares his insight on trademarks and brands, provides practical advice to Chinese members on how to participate in and benefit from the INTA community. INTA Annual Meeting Live+ officially began on April 30, took place in person in Washington, D.C., and virtual.
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