No.99¡¡May.28, 2014 |
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Web: www.unitalen.com
E-mail: mail@unitalen.com |
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China Approved "Beijing Treaty on Audiovisual Performances" |

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On April 24, 2014, the 8th meeting of the Twelfth Standing Committee of National People's Congress approved the "Beijing Treaty on Audiovisual Performances" (the "Beijing Treaty") by vote.
It is reported that "Beijing Treaty" is the new international norms for full protection of the performer's voice and image. After it takes effect, Chinese performers will be fully protected in countries approving or joining the "Beijing Treaty".
On June 26, 2012, WIPO held the Third WIPO Diplomatic Conference on the Protection of Audiovisual Performances in Beijing, and successfully concluded the "Beijing Treaty." The treaty aims at the performances recorded in the "audio-visual recordings", and provides a wide range of rights for performers, which fills the gap of international treaty of full copyright protection in the field of audiovisual performances. |
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China Patent Publication & Announcement System Formally Launched Onlinec |
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In order to facilitate public retrieval of patent publication and announcement, "China Patent Publication & Announcement System", designed and developed by China Intellectual Property Press was formally launched online.
The system data starts from September 10, 1985 and is updated weekly. Users can retrieve publication and announcements of invention, utility model and design patents through advanced query, IPC classification query and LOC classification query. In addition, the system also provides query for transactional data. Access address of the system: http://epub.sipo.gov.cn/
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International Organization: China¡¯s Overseas Patent Applications Show Strong Growth |

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WIPO released a report on May 22, stating that China's overseas patent applications show strong growth, most of which are from the U.S., EU and Japan.
The report, titled "International Patent Strategy of Chinese Residents", shows that during 2000-2005, the average annual growth rate of Chinese overseas patent applications was 40%. After 2005, the average annual growth rate is 23%.
The report notes that from 1970 to 2012, more than 80% of China's overseas patents were approved by the U.S., EU or Japan patent agencies in the application. China sees its fastest growth in the fields of digital communications, computers, nanotechnology, semiconductor and telecommunications from 2000 to 2009.
The World Intellectual Property Organization spokesman Edward Harris said, the data showed that China¡¯s overseas patent applications are increasing, which means the quality of innovation and invention in China is rising.
The report said that nearly 70% of China's overseas patent applicants are corporations, with rapid increase from 1970 to 2009. Among China¡¯s overseas patents, about 6% were applied by universities and research institutions, roughly the same percentage as that of South Korea. |
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SIPO Will Conduct Special Operation of E-commerce Patent Enforcement |

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State Intellectual Property Office of the P.R.C recently issued "The Plan for Special Operation of E-commerce Patent Enforcement", to organize and deploy special actions of patent infringement and counterfeiting in the field of e-commerce.
The "Plan" includes five parts, specifying the objectives, division, methods, requirements and timing respectively.
The "Plan" states that the State Intellectual Property Office, local Intellectual Property Offices and various enforcement centers have conducted reasonable division of labor, resulting in the network for the work nationwide with specific responsibilities, focuses and coordination. And the methods include: (a) immediately removing or shielding the product link for obvious infringement; (b) quickly removing or shielding the product link for relatively more complex patent infringement, with reference to infringement consultation submissions; (c) promptly removing or shielding the product link or closing the e-shop for complex patent infringement cases, according to the mediation or treatment decisions; (d) investigating and punishing the acts of patent counterfeiting in the field of e-commerce.
The "Plan" requires each local office and rights center to earnestly implement the responsibility, increase support and encouragement, strengthen innovation and collaboration, supervision and inspection, publicity and education. The "Plan" determines the implementation phase of the special action from June to November.
The "Plan" states that local Intellectual Property Offices should attach great importance to patent protection in the field of e-commerce, and rapidly deploy the special operations with strong leadership and clear responsibility to ensure that the "Plan" is fully implemented, to create a reassuring e-business environment for the right-owner, innovators, investors and consumers and promote the healthy and steady development of China's electronic commerce. |
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Leadership and Examiners from Electronics Department of Beijing Examination Cooperation Center of Patent Office Conducted Research at Unitalen |

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On the afternoon of April 29, the delegation consisting of 23 leadership and examiners from Electronics Department of Beijing Examination Cooperation Center of SIPO Patent Office arrived at Unitalen for research. Partners of Unitalen¡¯s Electronics Department, Japan Department and German Department were in company, with a total of more than 30 agents participated.
The reception was hosted by Chen Wei, Unitalen¡¯s partner and head of Electronics Department. The research started after a brief self-introduction. Unitalen¡¯s partners and agents sorted and summarized the issues encountered in their work, and communicated with the examiners in this opportunity of face to face communication. The issues involving exmination of inventativeness, determination of public knowledge, protectable object, patentability of business methods, etc. have been answered in detail by the examiners. The leadership of Electronics Department of Examination Cooperation Association collected the research data, and recorded issues and recommendations raised by Unitalen, to improve and optimize patent examination.
The research lasted more than two hours. The agent of Unitalen said communication with patent examiners will help improve work efficiency and methods, and lay a good foundation for future work. |
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Leadership of Beijing Intellectual Property Office Participated in the Special Seminar of "Unitalen Class", Researching on the Talent Training Model of School-Enterprise Cooperation |

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On the morning of May 13, Special Research and Seminar of School-enterprise Cooperation between Beijing College of Politics and Law and Unitalen was held at the College. Wang Shuxian, deputy director of Beijing Intellectual Property Office, Zhang Jingsun, president of Beijing College of Politics and Law, and leadership of Unitalen went into "Unitalen Class", to sum up the fruit of school-enterprise cooperation.
On April 11, 2012, Unitalen Attorneys at Law formally signed an agreement with Beijing College of Politics and Law for Unitalen Class, committed to developing targeted professionals, to solve the problem of disconnection between school education and social needs. The school-enterprise cooperation between the two parties provides successful experience of oriented training for intellectual talents nationwide. It is a major event with great significance in the cause of cultivating intellectual talents, which was named into the 2012 Beijing Intellectual Property Industry Events and documented in the "2012 Annual Report of Patent Agent in Beijing" sponsored by Beijing Intellectual Property Office.
In the past two years, Beijing College of Politics and Law designated its internal specific departments to sincerely cooperate with Unitalen in strict accordance with the agreement, and achieved remarkable results. At the time of graduation for Grade 2011 students, 24% of them are employed by Unitalen through study and internship.
The leader of municipal Patent Office thought highly of the effort for the model of school-enterprise cooperation between the two institutions. He said school-enterprise cooperation broadened the students' employment channels and supported the development of enterprises, hoping that the two units could redouble their efforts to continue sincere co-operation in the subsequent construction, to cultivate more talents for intellectual property industry. |
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2013 Annual Report of Beijing Patent Agency was Released, Unitalen Ranked First in the Volume of Agency |

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Recently, Beijing Intellectual Property Office released the 2013 "Annual Report of Beijing Patent Agency", with statistics and competitions on institutions, staff and business operation of the city's intellectual property industry. After the top rank in 2012 with its volume of patent agency, Unitalen again won the first in the ranking of patent agency services in 2013. In addition, Beijing Patent Attorneys Association also evaluated the agencies based on relevant regulations and experts¡¯ comprehensive review, and finally selected ten outstanding patent agencies, into which Unitalen was selected.
Beijing Intellectual Property Office issues annual report of patent agency each year, showing the overall outlook and developments of Beijing patent agency industry, from the city's patent agency, business operation, patent agent training, qualification examinations as well as memorabilia of the industry. Annual data are derived from institutions publicized by State Intellectual Property Office, "Patent Agent Newsletter" by the Treaty and Regulation Department of State Intellectual Property Office, data of annual inspection submitted by the patent agency as well as Beijing's patent applications and licensing data.
This year, the report also named the 2013 annual events of patent agency industry, "Yan Zhongqiu, Vice Chairman of Beijing CPPCC, visited Unitalen for research of Beijing intellectual property" and "Donation of computers by Unitalen transferring warmth to Tibetan primary school" were selected. |
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Unitalen representing Tensar Corporation Won Patent Infringement Case against Fujian Construction Company |

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On May 9, Li Hongjiang and Kong Fanwen from Unitalen Law Firm won as the agent for the patent infringement case of Tensar Geosynthetics (China) Co., Ltd. (hereinafter referred to as "Tensar Company") vs. Sanming Water Resources and Hydropower Engineering Co., Ltd. (hereinafter referred to "Sanming Company") of Fujian, with the judgment by Fuzhou Intermediate People's Court that the defendant Sanming Company shall immediately stop infringement and compensate for economic loss of 215,000 Yuan.
Sanyu (Yundan) Reclamation Project in Jiaocheng District of Ningde, Fujian province was approved by Ningde Development and Reform Commission, with approval for construction by No.19 NFGSP [2012]. The project owner was the Construction Headquarters of Sanyu (Yundan) Reclamation Project. As the construction company of "Lot A", Sanming Company, knowing that there¡¯s only one legitimate supplier of three-direction geogrid, which is Tensar Company, separately contacted BestBath Environmental Technology (Fujian) Co., Ltd. without the consent of the plaintiff, and purchased 15,000 m2 of alleged patent infringing products from Feicheng Lianyi Engineering Plastics Co., Ltd.
On November 20, 2013, Tensar Company sued to Fuzhou Intermediate Court, stating that Sanming Company infringed its invention patent of No. 03154700.1, and applied for preservation of evidence. On November 25, the Court ruled to give permission, and took one piece of the allegedly infringing product at the construction site of Lot A of Sanyu (Yundan) Reclamation Project. The issue in this case was: whether the defense of "legitimate source" of the defendant-Sanming Company can be established. Article 70 of Patent Law regulates: Use of patent infringement product for business purposes without knowing that it¡¯s made and sold without permission of the patentee, and that the user can demonstrate the lawful origin of the product, is not liable for damages.
The Court concluded that: although the defendant sumitted evidences to show that the accused infringing product was purchased from Feicheng Lianyi Engineering Plastics Co., Ltd. through BestBath Environmental Technology (Fujian) Co., Ltd., it did not submit relevant purchase contracts and invoices in the trial, which could not prove the true origin of the infringing product. Meanwhile according to "Minutes" and statement to the court by the defendant, the defendant already knew the only legitimate supplier of three-direction geogrids was the plaintiff- Tensar Company in the construction of the project, later on it changed the supplier due to price of the product, then it should be aware that the change of supplier might result in the risk of infringement. Therefore, the defendant's use of the product concerned did not comply with the article of ¡°Not knowing¡± which is required for disclaimers. Therefore, the court did not support the defendant¡¯s argument for exempt of liability, which shall bear civil liability for invention patent infringement involved to the plaintiff.
Finally the court considered the fact that Sanming Company purchased only 15,000 square meters of allegedly infringing product from a third party, and the entire construction area was 300,000 square meters, considering the defendant did not make changes in the subsequent construction for other non-infringing product, therefore, the court ruled that the defendant immediately stop the infringement and was liable for damages of 215,000 yuan.
So far, all the enforcement litigation by Tensar for "three-direction geogrid" project represented by Unitalen have received support of the people's courts. Without Tensar¡¯s permission, no one shall manufacture, use, bid, network promote, sell or mail the three-direction geogrid products, or they will bear the corresponding legal responsibility. If infringement were found during construction, Tensar Company will apply to the court to take preservative measures, which is bound to affect the construction schedule of the contracted works. |
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