No.115 Oct.10, 2015 |
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T: +8610 59208888
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Web: www.unitalen.com
E-mail: mail@unitalen.com |
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SAC: Standardization of IP Services in China will accelerate |

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On September 7th, Standardization Administration of the People's Republic of China (aka. SAC) co-hosted the International IP Service Standardization Seminar with State Intellectual Property Office of China (aka. SIPO). At the event, SAC confirmed China’s increased efforts in pushing IP service standardization up to speed, following the steps of those countries such as US, UK, Canada, EU and Australia, which have devoted in this field since early 2000’s. With the Directives for IP Service Standardization Systems Construction published in early 2015, it’s expected the country will establish a well-rounded IP service standardization system by 2020.
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China Design Patent Data available on Designview |

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Commencing September 14th, China’s design patent data will be enlisted in Designview and users from all over the world can search China design patent information through the platform.
Designview is a searching tool developed by OHIM. URL link is https://www.tmdn.org/tmdsview-web/welcome. Since launch on Nov 19, 2012, more than 35 countries have participated in it to provide over 8.6 million design patent data for search by over 1.2 million users from 137 countries.
US and Canada are with China joining the system the same time.
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Over 38,000 first instance IP litigations in China for the last 3.5 years |

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According to the Supreme Court of People’s Republic of China, 380,442 IP litigations of first instance were received during 2012 to Jun 2015; for the same period of time, 352,788 cases were concluded.
Among the concluded cases, there are 299,689 civil cases, 15,048 administrative cases and 38,051 criminal cases. (Source: China IP Right News )
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WIPO report: China’s innovation capacity continued to improve |

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Recently, the World Intellectual Property Organization (WIPO) issued 2015 Global Innovation Index Report. The report shows that mainland China ranked the list of 29 with 47.47 points, the same as that of last year, while ranking first in upper middle income countries.
According to statistics, China received 928,000 patent applications in 2014, ranking first in the world for four consecutive years; accepted 2,285,400 applications for trademark registration, having been ranking the first for 13 consecutive years. While China ranks the 29th of the Global Innovation Index Report, which obviously does not match with the above-mentioned IP achievement of China. It addresses the challenge for China to innovate, as leading the filing number is not China’s goal; improving innovation quality becomes their top priority.
Nevertheless, the report also suggests China’s improvement in innovation quality, the country outperformed most of the developing countries and topped in the indexes of talent cultivation, innovation environment, market maturity, commercial maturity, knowledge and technology innovation output among these countries. Many in the industry believes it’s a reflection of China’s transform from ‘innovation quantity’ to ‘innovation quality’. (Source: China Intellectual Property News) |
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China further strengthens IP utilization and protection to assist innovation |

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Recently, the State Intellectual Property Office, Ministry of Finance, Ministry of Human Resources and Social Security, All-China Federation of Trade Unions, the Central Committee of Communist Youth League jointly issued “ Opinions on Further Strengthening of Intellectual Property Utilization and Protection to Boost Innovation and Entrepreneurship “ (hereinafter as the Opinions) and proposed 14 concrete measures in 7 aspects to further strengthen IP utilization and protection to stimulate enthusiasm of innovation and entrepreneurship as well as to protect the results of innovation and entrepreneurship.
The Opinions took market-oriented principles, strengthening guidance, and actively promotion and actual effect as 4 basic principles, namely, China should use the role of IP as an incentive for innovation and entrepreneurial activity, and fully mobilize market forces to form the entrepreneurship incentives and benefit distribution mechanisms as well as efficient allocation of factors of innovation and entrepreneurship; to form the guiding role of IP on innovation and entrepreneurial activity, innovate the service models and processes, improve the level of innovation and entrepreneurship development through more effective means such as patent navigation; adhere to the principles of policy coordination, active movement, open and cooperation to establish the IP innovation supporting policy and entrepreneurship service system with government guidance, market drive and social participation, to create positive atmosphere for mass entreprenurship and innovation; establish coordination and linkage mechanism to meet the needs of innovation and entrepreneurial activity, strengthen the implementation of assessment and feedback, and constantly improve the policy environment, the institutional environment and public service system for innovation, and entrepreneurship. (Source: China Intellectual Property News) |
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China’s invention patent application grow 21.7% in the first three quarters |

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Recently, SIPO published data of patents in the first three quarters of 2015. During the period, China received 1.876 million applications of the three kinds of patents, up 22.0%. Among them, 709,000 were invention patents, up 21.7%; 779,000 were utility model patents, up 33.6%; 388,000 were design patents, up 4.4%, which were 37.8%, 41.5% and 20.7% of the total respectively.
Among the invention patent applications, 610,000 were filed by domestic applicants, up 24.9%; 99,000 were from overseas, up 5.1%. Among the domestic invention patent applications, 492,000 were service applications, accounted for 80.7%; 118,000 were non-service applications, accounted for 19.3%
In the first three quarters of 2015, SIPO granted 1.176 million patents in total, up 25.8%. Among them, 248,000 were invention patents, up 46.0%; 599,000 were utility model patents, up 18.9%; 329,000 were design patents, up 26.1%.
Among the invention patents granted, 181,000 were domestic, up 52.5%; 67,000 were from overseas, up 31.1%. Among the domestic invention patents, 164,000 were service invention patents, accounted for 90.6%; 17,000 were non-service invention patents, accounted for 9.4%.
According to SIPO, there are three characteristics in the data. Firstly, the quantity of patent applications was growing rapidly, especially the growth rate of invention patents were up 9.5 percent than last year. Secondly, despite invention patent’s high growth rate of nearly 50%, the rates of both utility patents and design patents were still higher than invention patents. Thirdly, the proportion of domestic service invention patents applications in domestic patent remained stable at a high level of over 80%, and the proportion of service invention patents granted in domestic patents was over 90%. (Source: China Intellectual Property News)
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Beijing Trademark Association and Unitalen co-hosted E-Commerce Seminar on IP |

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On October 29, Unitalen and Beijing Trademark Association (BTA) co-hosted a seminar at Unitalen’s Beijing Headquarter to cover the topics of E-commerce and Internet IP issues. Legal or IP Counselors from more than 30 companies including Sina.com, have attended the seminar. Speakers include BTA Secretary-General, Mr. Xiaojian Zhao, Unitalen founder, Mr. Zehui Yu, Sina.com legal specialist, Ms. Zhi Zeng and Unitalen Senior Partner, Mr. Yazhou Zhang.
http://www.unitalen.com.cn/html/report/15090092-1.htm
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INTA Appointment: Unitalen Lawyers as new Vice Chair and Members of INTA Committees |

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Mr. Yongbo Li, head of Unitalen litigation team, has recently received appointment from INTA as the new Vice Chair of Unfair Competition Committee for 2016, which makes him the only Chinese lawyer among the appointed chairmen of the year. Beforehand, Mr. Yongbo Li was the Chair of Trademark Office Practice Committee China Committee for 2012-2014.Mr. Lei Zhao, head of Unitalen’s international trademark team and Mr. Gordiano, Of Counsel for Unitalen, are also appointed by INTA as Anti-counterfeiting Committee and Young Practitioners Committee members for 2016-2017 respectively. They will represent Unitalen to attend INTA committees’ forum and meetings.
INTA (The International Trademark Association) is a worldwide not-for-profit association of trademark owners and professionals dedicated to supporting trademarks and intellectual property in order to protect consumers and to promote fair and effective global commerce. INTA’s members are more than 6,500 organizations from 190 countries. The Association's member organizations represent some 30,000 trademark professionals and include brand owners from major corporations as well as small- and medium-sized enterprises, law firms and nonprofits. There are also government agency members as well as individual professor and student members. INTA undertakes advocacy work throughout the world to advance trademarks and offers educational programs and informational and legal resources of global interest.
Bio links for the lawyers in the new appointment:
Mr. Yongbo Li: http://www.unitalen.com/servlet/Node?Node=21462
Mr. Lei Zhao: http://www.unitalen.com/servlet/Node?node=38555
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Unitalen: Vaginitis Testing Invention Patent Case Success
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Unitalen has recently helped Beijing Zhongsheng Jinyu Diagnosis Technology Co., Ltd (JYR) win the patent litigation case before Intermediate People’s Court of Shaoxing City, Zhejiang Province.
Rooted from Institute of Biophysics - Chinese Academy of Sciences, JYR had developed a diagnostic kit and its methods for the testing of aerobic organism in vaginal discharge, which was granted with ZL2009 1 0244267.4 Invention Patent back in 2012. However, the defendant, Anhui Tuote Biological Engineering Co. Ltd. (Tuote) submitted a tender and won the contract with Women’s Hospital of Zhejiang University, in which Tuote will supply “aerobic organism in vaginal discharge and BV 5 items testing kit” to the hospital. Following this, JYR sued Tuote for infringement of its above-mentioned patent right.
The debates in the court are mainly on the following three issues:
1.Whether ‘β-葡萄糖醛酸苷酶 (β-Glucuronidase)’ is the same substance as ‘β-葡萄糖醛酸酶(β-Glucuronidase)
2.Whether ‘5-溴-4-氯-3-吲哚-β-葡萄糖醛酸钠盐(5-Bromo-4-chloro-3-indolyl-beta-glucuronide sodium salt)’ is the same substance as ‘5-溴-4-氯-3-吲哚-β-D-葡萄糖醛酸苷钠盐 (5-Bromo-4-Chloro-3-Indolyl Beta-D-Glucuronide Sodium Salt) ’;
3.Whether ‘甘氨酰精氨酸-β-萘胺(Glycyltryptophan-β-naphthyl amine)’ has the same effect as ‘甘氨酰精氨酸-4-甲氧基-β-萘胺(glycyl-arginyl-4-methoxyl-β-naphthylamide)
As requested by the plaintiff, Professor Qingcheng Wen, who is a biochemistry researcher of Peking Union Medical College as well as one of the developers of Enzymatic testing kit methods in China, acted as the professional advisor in this case. He’s provided his opinion regarding the above questions:
1.‘β-葡萄糖醛酸苷酶’ and ‘β-葡萄糖醛酸酶’ should be the same substance as they are different translations to the same English word “β-Glucuronidase”.
2.2. ‘5-溴-4-氯-3-吲哚-β-葡萄糖醛酸苷钠盐(5-Bromo-4-chloro-3-indolyl-beta-glucuronide sodium salt)’ should be the same substance as ‘5-溴-4-氯-3-吲哚-β-D-葡萄糖醛酸苷钠盐 (5-Bromo-4-Chloro-3-Indolyl Beta-D-Glucuronide Sodium Salt) ’, as it has two isomers: D ( right handed) and L (left handed), which are interchangeable in aqueous solution;
3.3. The reaction mechanism of ‘甘氨酰精氨酸-β-萘胺(Glycyltryptophan-β-naphthyl amine)and ‘甘氨酰精氨酸-4-甲氧基-β-萘胺(Glycyltryptophan - 4-methoxy -β-naphthyl amine’ are the same, which is coagulase hydrolyzed glycyl-arginine amine salt in vaginal discharge and it will display red or purple color with use of chromogenic agent; ‘4-methoxy’ acts as modification without reaction.
At the end, the court reached the verdict that Tuote’s product has the same technological characteristics as all of those recorded for the plaintiff’s patent and therefore had constituted infringement of patent right.
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