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No.96¡¡Feb.28, 2014
 
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The Terra-cotta Warriors and Horses
 
In this issue
PPH pilot cooperation between China and other countries in 2014
Trademark registration applications over 1,880,000 in 2013
SIPO released statistics in 2013
China Madrid trademark international filings reached 2,273 in 2013
SAIC concluded over 140,000 cases of trademark review in 2013
Lenovo's $ 2.9 billion acquisition of Motorola's mobile obtains more than 2,000 patents
Unitalen litigation team won the title of "2013 Annual China Outstanding Litigation Team for Intellectual Property "
Unitalen is selected as gold law firm in China in the 2014 WTR 1000 Rank
The Tencent v. Qihoo case of unfair competition represented by Unitalen was concluded in favor of Tencent with compensation of 5 million
 
 
 
PPH pilot cooperation between China and other countries in 2014

 
According to a joint decision by Chinese State Intellectual Property Office and Danish Patent and Trademark Office, the PPH pilot extends for two years which effects from January 1, 2014 to December 31, 2015. According to the ¡°Statement of Intent on the Extension of the Patent Prosecution Highway Pilot by China's State Intellectual Property Office and the National Commission of Patents and Registration of Finland", the PPH pilot between the two countries extends indefinitely since January 1, 2014.

It is reported that China State Intellectual Property Office, started Patent Prosecution Highway (PPH) pilot in January 1, 2013 with the Danish Patent and Trademark Office and the Finnish National Board of Patents and Registration respectively, and the two PPH pilots last for one year, ending at December 31, 2013.

According to the "Memorandum of Understanding on the Patent Prosecution Highway Pilot between China State Intellectual Property Office and the Portuguese Industrial Property Office" and the "Memorandum of Understanding on Patent Prosecution Highway Pilot between China State Intellectual Property Office and the Spanish Patent and Trademark Office", the two PPH pilots officially started from January 1, 2014. The Sino-Portugal PPH pilot lasts for two years, ending at December 31, 2015. The Sino-Spanish PPH pilot lasts for three years, ending at December 31, 2016.

After the Sino-Portugal PPH pilot started, the applicant can apply to the Chinese State Intellectual Property Office (SIPO) for PPH in accordance with the ¡°Process of PPH Request to SIPO by the Sino-Portugal PPH Pilot"; and apply to the Portuguese Institute of Industrial Property (INPI) for PPH in accordance with the ¡°Process of PPH Request to INPI by the Portugal-China PPH Pilot".

After the Sino-Spanish PPH pilot started, the applicant can apply to the Chinese State Intellectual Property Office (SIPO) for PPH in accordance with the ¡°Process of PPH Rquest to SIPO by the Sino-Spanish PPH Pilot"; and apply to the Spanish Patent and Trademark Office (SPTO) for PPH in accordance with "The process of PPH request to SPTO by the Spain-China PPH pilot".

 
 
Trademark registration applications over 1,880,000 in 2013

The latest statistics of SAIC Trademark Office show that the number of China's trademark application was over 1.88 million which is 1,881,546 in 2013, increasing by 14.15% over the previous year. By the end of 2013, the applications have accumulated to more than 13 million, which is 13,241,337; and the registered trademarks accumulate to 8,652,358, with 7,237,894 valid trademarks.

In recent years, China's trademark applications continue to maintain good momentum of rapid growth. Since 2010, the annual registration of trademark applications exceed one million for four consecutive years, 1,072,000 in 2010, 1,417,000 in 2011, 1,648,000 in 2012, and 1,882,000 in 2013, which is a record high.

 
 
SIPO released statistics in 2013

 
Recently, the State Intellectual Property Office published the latest statistics. In 2013, the Office received a total of 825,000 applications for invention patent, with a year-on-year increase of 26.3%; and 208,000 granted invention patents, decreasing by 4.1%. The official from Planning and Development Division of State Intellectual Property Office said, in 2013 Chinese invention patent applications and licensing presented three main features: accepting applications for invention patents accounted for more than 1/3 for the first time; granted invention patents decreased slightly; the dominant position of corporate applicant for intellectual property stabilizes gradually.

Statistics show that the State Intellectual Property Office accepted 2,377,000 cases of applications for invention patent, utility model patent and design patent, with a year-on-year increase of 15.9%; and granted three kinds of patents totaling 1,313,000 cases, with a year-on-year increase of 4.6%. The acceptance of Chinese invention patent application maintains rapid growth, with a rate ranking first among the three kinds of patents, and patent applications account for 34.7% of the total patents accepted, more than 1/3 for the first time. Among them, there are 705,000 cases of domestic patent applications, with a year-on-year increase of 31.8%. In addition, the grant of Chinese invention patent witnesses a decrease of 4.1%. The initiatives to improve Chinese patent quality have been effective, in which there are 144,000 cases of domestic invention patents, same as last year, while the foreign invention patents fall by 12.3%. It is particularly worth mentioning that in 2013, there are 427,000 cases of Chinese enterprises invention patent application, accounting for 60.6% of total domestic applications; Chinese enterprises obtain 79,000 patents, accounting for 54.9% of total domestic patents, and the dominant position of corporate intellectual property stabilizes gradually.

 
 
China Madrid trademark international filings reached 2,273 in 2013

 
The latest statistics of the State Administration for Industry and Trademark Office show that in 2013, China Madrid trademark international filings hit a record high, up to 2,273, with an increase of 8.2% over 2012, ranking sixth in the Madrid Union, compared to the seventh in 2012. There were 20,275 Madrid trademark applications designated by foreign applicants in China, with an increase of 0.8% over 2012, ranking first in the Madrid Union for nine consecutive years.

China joined the ¡°Madrid Agreement Concerning the International Registration of Trademarks" in October 1989, and joined the ¡°Protocal Madrid Agreement Concerning the International Registration of Trademarks " in December 1995.

 
 
SAIC concluded over 140,000 cases of trademark review in 2013

 
Recently, it was informed from SAIC Trademark Review and Adjudication Board (hereinafter referred to as the Board) that, by December 25, 2013, the Board has concluded 144,000 cases of trademark review, equivalent to the total of cases in the past four years, which not only exceeded the predetermined task, but also thoroughly concluded nearly 20,000 difficult and complicated cases left. The time of case processing is reduced to 17 months, which is a miracle in history.
 
 
Lenovo's $ 2.9 billion acquisition of Motorola's mobile obtains more than 2,000 patents

 
Lenovo Group and Google recently announced a major agreement: Lenovo will spend about $ 2.9 billion in acquisition of Motorola's mobile smart phone business. This is the second major acquisition implemented by Lenovo within one week, following the acquisition of IBM's low-end server business announced on January 23,.

Under the agreement, the acquisition includes the Motorola brand, such as innovative smart phone portfolio like Moto X and Moto G and DROIDTM Super Series products. In addition to existing products, Lenovo will take full control of Motorola's mobile product planning. Google will continue to hold the majority of Motorola's mobile patent portfolio, including existing patent applications and invention disclosures. As part of Lenovo's long-term relationship with Google, Lenovo will acquire licenses for relevant patent portfolio and other intellectual property. In addition, Lenovo will acquire more than 2,000 patents assets, and Motorola mobile brand and trademark portfolio.

 
 
Unitalen litigation team won the title of "2013 Annual China Outstanding Litigation Team for Intellectual Property "

 
The Fourth China IPR New Year Forum co-sponsored by the "China Daily" and "China Intellectual Property" magazine was held in Beijing Minzu Hotel on January 10 -11, 2014. During this forum, there are three events with perfect ending: 2013 investigation on China-related business of international intellectual property agencies; "2013 China Outstanding Intellectual Property Managers" contest; series of reports and selection activities of "the first China outstanding litigation team for intellectual property".

With its professional standards, recognized business and research capabilities, Unitalen litigation law firm was named the "2013 Annual China Outstanding Team for Intellectual Property ", and Mr. Zhang Yazhou received the award. On the same day of the annual meeting, Li Yongbo was invited to participate in the "dialogue between lawyers and judges¡±, discussing focuses of current intellectual property practice and legal regulations with the judges. On the second day of the training, intellectual property judges, prominent lawyers and intellectual property legal experts explained enforcement and defensive strategies for intellectual property litigation, with a focus on the latest legislative developments at home and abroad. The lecture-"Practices of Due Diligence of Innovative Corporate Patent" by Mr. Li Hongjiang received widespread concern of enterprises.

The "Chinese New Year Forum on Intellectual Property Rights" was founded in 2011, organized by the "China Intellectual Property" magazine and China Daily IP Channel, which had been successfully held for three times. This forum invited experts and scholars in the field of intellectual property, corporate executives, and elites from law firms, for a collision of ideas themed on "Opportunities and challenges of China's intellectual property in the new round of reform", and for positive and useful exploration of China's intellectual property development.

 
 
Unitalen is selected as gold law firm in China in the 2014 WTR 1000 Rank

 
Recently, the global intellectual property authoritative magazine- World Trademark Review (hereinafter referred to as WTR) published the directory of Global 1000 Trademark Firms through a global survey. The directory covers profiles of 1000 global leading trademark firms, and analyzes the survey data of firms and professionals in different countries / regions, for ranking of well-known firms and individuals based on overall strength and various professional indicators. With its overall strength in the field of trademark, Unitalen is ranked in the first tier of China¡¯s gold medal firms, and listed among the top three in the field of trademark applications and trademark strategy, with its advantageous position for many years.

WTR evaluation: Unitalen is well-known for its huge amount of trade mark applications, and the recent case of ¡°Sany¡± well-known trademark protection fully proved its excellent representation capabilities. In addition, according to the customer evaluation, WTR made a brief introduction of expertise and service characteristics of Unitalen¡¯s representative lawyers in the field of trademark -Chen Dan, Huang Ying and Li Yongbo.

 
 
The Tencent v. Qihoo case of unfair competition represented by Unitalen was concluded in favor of Tencent with compensation of 5 million

 
The second instance of Qihoo v. Tencent unfair competition case commissioned by Zhang Yazhou and Zhou Dandan from Beijing Unitalen Law Firm was concluded in the First Court on the afternoon of February 24, 2014, by the five-people jury with Xi Xiaoming, vice president of the Supreme People¡¯s Court, as the presiding judge, announcing that all appeals of Qihoo and Qizhi were dismissed, and the judgment of the first-instance court was upheld.

The Supreme Court held that the operators in the market transactions, should follow the principles of voluntariness, equality, fairness, honesty and credibility, and observe generally recognized business ethics. Violation of the provisions of the Unfair Competition Law, prejudice to legitimate interests of other operators and disruption of social economic order fall into definition of unfair competition. In this case, Qihoo and Qizhi induced and provided tools to actively help users change the operation mode of QQ software for its commercial purposes, its fundamental purpose is to sell and promote the 360 security guards through derogatory means on QQ software and services based on QQ software users group, thereby increasing their market trading opportunities and obtaining competitive advantage, which by nature is unfair use of other people¡¯s market outcomes, for their own personal business opportunities to gain a competitive advantage, constitutes unfair competition and shall bear corresponding legal responsibility.

Earlier, the Guangdong High People's Court issued the first instance judgment on the case that Qihoo constituted unfair competition, ordering it to compensate Tencent 5,000,000 Yuan. After that, Qihoo appealed to the Supreme People¡¯s Court.