China Intellectual Property Updates: May 2022 (Issue 1) – Trademark
To print this article, all you need to do is be registered or log in to Mondaq.com.
The Hague Agreement Concerning the International Registration of Industrial Designs has entered into force in China
On February 5, 2022, the Chinese government submitted the instrument of accession to Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs (1999) (hereinafter referred to as the Hague Agreement) to the World Intellectual Property Organization (WIPO), thus becoming the 68th Contracting Party and the 77th member of the Hague Union to the The Hague 1999, entered into force in China on May 5, 2022.
Starting May 5, 2022, non-residents can apply for international industrial design protection in China through the Hague system, which makes it easier for businesses to expand into one of the world’s largest and fastest-growing markets. most dynamic in the world. At the same time, Chinese companies and designers will be able to quickly and easily apply for international protection for their industrial designs in the 94 countries covered by the Hague System, as needed, helping to expand the international market.
In 2020, applications accepted by China’s National Intellectual Property Administration included 770,362 industrial designs, or 55.5% of the global total. Industrial design has increasingly become one of the main competitive elements of Chinese enterprises, providing important support in the process of internationalization of enterprises, and has become an important tool for enterprises to participate in international competition. the
The Hague Agreement the entry into force will provide great convenience for Chinese companies to apply for international industrial design protection.
Beijing Higher People’s Court issued the guidelines on the application of punitive damages in the trial of intellectual property civil cases
the Guidelines on the Application of Punitive Damages in the Trial of Civil Intellectual Property Cases (the Guidelines) comprise 51 articles and provide specific provisions on the substantive and procedural issues involved in the applicable elements and methods of calculating punitive damages, aimed at standardizing and refining the rules applicable to common problems of judicial practice.
The Guidelines have a number of highlights, such as a summary of the general rules of punitive damages applicable to different types of intellectual property rights (IPR) cases; simplify the identification of elements of punitive damages and provide for cases of intentional and serious infringement. Strengthen the protection of key basic technologies, key areas and emerging industries; clearly stipulating the method of calculating the total amount of applicable punitive damages; emphasizing the principle of active precaution and systematically designing the rules applicable to punitive damages.
It should be noted that, to address the significant issue of IPR infringement in live streaming and agent buying, the guidelines state that if network service providers know that specialists in live broadcast and buying agents intentionally and seriously infringe IPRs using their network services, but fail to take reasonable and effective measures to bring the infringement to an end without cause, they shall jointly bear the punitive liability of the damages with direct marketers and buying agents.
Wenzhou Intellectual Property Court Unveiled
Wenzhou Intellectual Property Court is 23rdIPR Court in China. He has jurisdiction over major IPR cases such as patent technology cases and monopoly disputes in Wenzhou City, Jinhua City and Lishui City.
Specifically, these cases include: civil IPR trial cases relating to patents, technical secrets, computer software, new plant varieties, design of integrated circuit diagrams, recognition of well-known marks and monopoly disputes occurring in Wenzhou City, Jinhua City and Lishui City; the first instance civil cases of intellectual property rights relating to trademarks, copyrights, unfair competition and technology contract disputes worth more than 5 million yuan that occur in the city of Wenzhou and more than 8 million yuan performing in the cities of Jinhua and Lishui; Administrative IPR trial cases brought against administrative acts of labor departments of local people’s governments at or above the county level concerning copyright, trademarks, patents and unfair competition in the jurisdiction of Wenzhou City, Jinhua City and Lishui City; first-instance criminal cases concerning intellectual property rights under the jurisdiction of the Wenzhou Intermediate People’s Court; IPR appeal cases civil, criminal and administrative first instance cases heard by the Basic People’s Courts under the jurisdiction of Wenzhou City.
CNIPA published the research report on the development of intellectual property rights in China’s e-commerce industry in 2021
According to Third Party Trademark and Copyright Protection Report 2021 (the Report), in 2021, China’s e-commerce industry made new breakthroughs in IPR governance, sharing development achievements and protecting IPRs in cross-border e-commerce.
In terms of e-commerce IPR governance in China, the fight against technology-based counterfeiting is gradually becoming systematic, and continuous technology updating and rule optimization are becoming the key to smart governance. In 2021, more e-commerce platforms used big data technology to carry out proactive prevention and control of suspected counterfeit goods, and risk management and control of counterfeit goods covered processes and scenarios store opening, product launch, marketing activities, consumer feedback, etc.
In terms of promoting IPR protection of cross-border e-commerce, customs data showed that the import and export volume of cross-border e-commerce reached 1.980 billion yuan, an increase of 15%; whose exports totaled 1.44 trillion yuan, up 24.5%. As the number and scale of e-commerce platforms and cross-border merchants continue to grow, many IPR issues continue to challenge e-commerce, which, while mature, also continues to evolve rapidly.
the Report also shows that, to better support traditional Chinese brands and local design, e-commerce platforms have established a professional system of “quality of service” local brand cultivation, protection, operation and service. product + IPR protection” and “service and application + brand exploration”. Many intangible cultural heritage products that embody excellent traditional Chinese culture have become new China Chic products. Moreover, with the support of IPRs, centuries-old brands have acquired new vitality and are recognized and appreciated by more and more consumers.
Tencent released the 2021 report on the protection of trademarks and third-party copyrights
the Report summarizes WeChat’s main measures and achievements in IPR protection for third parties over the past year from the aspects of trademark protection and copyright protection. the Report shows that WeChat has built a “copyright + brand” IPR protection network based on the complete scenarios of WeChat official account, video account, personal account, corporate WeChat and mini-games.
In terms of brand protection, WeChat sent over 290,000 infringement tips to brand owners in 2021 and cracked down over 69,000 infringing accounts with the combined support of brand owners. In terms of copyright protection, in 2021, more than 42 million items on the WeChat platform used the original statement function, and more than 270,000 WeChat official accounts opened the payment function.
The content of this article is intended to provide a general guide on the subject. Specialist advice should be sought regarding your particular situation.
POPULAR ARTICLES ON: Intellectual Property from China