If this email does not display correctly,
please click here.
No.60¡¡Feb.28, 2010
 
Subscribe   
 
Contact us  
 
7Th/8Th/11th Floor,Scitech Place, 22 Jianguo Menwai Ave.,Beijing 100004,P.R.China
T: +8610 59208888
F: +8610 85110966 85110968
Web:www.unitalen.com
E-mail:mail@unitalen.com
 
     
     
     
The Great Wall
 
In this issue
Amendment to Copyright Law of the People's Republic of China (Draft) passed by the State Council
Revised £¢Guidelines for Patent Examination£¢ Came into Force in February 1, 2010
General Administration of Press and Publication Will Promote Revising and Drafting of £¢Copyright Law£¢ and Other Relevant Laws and Regulations in 2010
771 Geographical Indications Registered or Preliminarily Examined in China
Software Copyright Registration in China Was Up 50 Percent in 2009
Chief Judge of IP Tribunal of the Supreme People's Court of China: Disputes Arising from Network Copyright will be Further Increased
 
 
 
Amendment to Copyright Law of the People's Republic of China (Draft) passed by the State Council

 
A State Council executive meeting, chaired by Chinese Premier Wen Jiabao in February 10, discussed and passed the Amendment to Copyright Law of the People's Republic of China (Draft). The draft formulates the registration system of works as well as clarifies the registration department of copyright pledge. The meeting decided that the State Council should submit the further revised draft to the Standing Committee of the National People¡¯s Congress for deliberation .
 
 
Revised £¢Guidelines for Patent Examination£¢ Came into Force in February 1, 2010

 
According to the decision of the State Council on January 18, 2010, the revised ¡°Detailed Rules for the Implementation of the Patent Law of the People¡¯s Republic of China¡± (hereinafter "Detailed Rules") officially came into force on February 1, 2010.

¡°Guidelines for Patent Examination¡±, a patent-related ministerial regulation issued by State Intellectual Property Office, formulated the patent application, authorization, review and invalidation . In addition to adaptive changes in review standards for the design, genetic resources, novelty and others, State Intellectual Property Office also changed the procedures for preliminary examination and legal affairs to optimize the process design. The revised "Guidelines for Patent Examination" came into force in February 1.

 
 
General Administration of Press and Publication Will Promote Revising and Drafting of £¢Copyright Law£¢ and Other Relevant Laws and Regulations in 2010

 
By 2010, the first Copyright Law of the People¡¯s Republic of China had been enacted and promulgated for 20 years. During the past two decades, copyright system has been constantly improved and playing a more important role in promoting economic, cultural and scientific development.

Liu Binjie, Director of General Administration of Press and Publication and Director of the State Copyright Bureau, in the 2010 Copyright Conference, indicated that they will promote revising and drafting of ¡°Copyright Law of the People¡¯s Republic of China¡± and other laws and regulations, strive to promulgate the "Compensation Policy on Works Compiled into Textbooks.", take full advantage of sources of Chinese folk literary and artistic works, actively promote the legislation of " Regulations of Copyright Protection in Works of Folk Literature and Art," and give strong support to the legislation of local laws and regulations that boost the economic, social and cultural development.

 
 
771 Geographical Indications Registered or Preliminarily Examined in China

 
Accordign to State Administration for Industry and Commerce Trademark Office (CTMO) that China had registered and preliminary examined 771 geographical indications as of December 31, 2009.

In recent years, SAIC Trademark Office take geographical indications registration as the breakthrough point of serving for "Agriculture, the Rural Areas, and the Peasants¡±, actively guide the application for geographical indication registration, and establish the "green channel" which separated registration application queue and speeded up the review process. There measures shortened the review length, and increased the registration and preliminary review of geographical indications significantly.

According to the statistics from SAIC Trademark Office, during the past two years, registration and preliminary examination of geographical indications have amounted to 470, 1.56 times as many as the sum of the past 14 years.

 
 
Software Copyright Registration in China Was Up 50 Percent in 2009

 
According to China Copyright Protection Center, China software industry maintained its robust growth in 2009, registration of various types of software went up to 7.0965 million, saw year-on-year rises of 49.75 percent.

According to China Copyright Protection Center, software copyright registration reached 6.7912 million last year, resulting in an year-on-year increase of 48.6 percent. The concluded cases on software copyright transfer and Know-how license contract registration reached 182, increasing at 26.38 percent . The registration of alteration and supplementary registration reached 2,752, increasing at 91.64 percent . Pledge contract registration of software copyright reached 119, grew at 9.17 percent year on year.

Insiders believe that the rapid growth of software copyright registration reflect the remarkably effective implementation of development policies of software industry and stimulate enterprises¡¯ independent innovation potentials..

 
 
Chief Judge of IP Tribunal of the Supreme People's Court of China: Disputes Arising from Network Copyright will be Further Increased

 
Kong Xiangjun, Chief Judge of IP Tribunal of the Supreme People's Court of China, predicted on January 25, 2010 that "with the continuous development of science and technology as well as economic globalization, intellectual property cases will appear five new characteristics¡±:

1. Disputes arising from network copyright will be further increased.

2. Disputes arising from new technology domain will be further increased. The new energy, new materials and other new technologies are becoming the most active parts in economic development, so the further increase of disputes may involve the related legal issues.

3. Disputes from the cultural and creative industries, particularly from network copyright, will be further increased. Facing the international financial crisis, the cultural and creative industry such as film, animation, online games remains unaffected and to the contrary, developed rapidly; the film industry even entered the fastest development period. Infringement disputes and contractual disputes in these areas will occur frequently.

4. Internationalism of intellectual property disputes is strengthened. International intellectual property rules are more unified, which make intellectual property disputes in different countries appear convergent. Some multinational companies filed lawsuits for the same or similar disputes in different countries. Ruling issued by courts of a given country will be affected by the same or similar judgments abroad to various extents.

5. With the implementation of Chinese Anti-Monopoly Law, monopoly-involved disputes will gradually draw the public attention, showing a special development trend of intellectual property cases.