Through comparative study with European and American practices, this part puts forward suggestions for improving the current examination standards for compound patents in China, especially the examination standards for inventiveness issue.
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2019年度特許復審・無効十大審判事件（機械関連）紹介
今年国家知識産権局から公示された2019年度特許復審・無効十大審判事件のうち、機械分野に関わる事件が五件ある。これらの事件は、社会的影響が大きく、焦点となる問題が典型的であることから、十大事件として選出されており、これらの具体的な事件における国家知識産権局復審・無効審理部の判断は、将来の実体審査及び審判に対して大きな影響を与えるものと考えられる。とりわけ、類似の事件においてそれを援用・活用することもできると思われる。
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“Jiang Xiao Bai” Trademark Invalidation Case Selected as Typical Case in SPC’s Annual Report of 2019 on Intellectual Property Cases
At the end of the year 2019, the Supreme People’s Court of the People’s Republic of China (“SPC”) made a retrial judgment on administrative dispute over the invalidation request against the renowned liquor brand “Jiang Xiao Bai”.
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CNIPA’s Handling of Trademark Enforcement Obstacles in the New Coronavirus Epidemic
On January 28, 2020, the China National Intellectual Property Administration(CNIPA) issued a notice named the Matters Concerning the Term of Patents, Trademarks, and Layout Designs of Integrated Circuits Affected by the Epidemic.
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CINIPA started to publish the trademark opposition decisions online
On February 18, 2020, the Trademark Office(TM office) of the China National Intellectual Property Administration (CNIPA) issued a notice named Online Publication of the Decisions on Trademark Oppositions.
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PRC Courts Grant Trade Dress Protection for Handbags which Overall Appearance is a Combination of Generic Design Elements
On December 30, 2019, Guangzhou Tianhe District People’s Court issued a judgment granting trade dress protection for two iconic handbag series designed and sold by a famous luxury good company1.
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Principles for Determining Damages Compensation in Intellectual Property Cases
by Zhang Xiaoxia KING & WOOD MALLESONS
Preview:
On 27 February 2018, the General Office of the Central Committee of the Communist Party of China (CCCPC) and the General Office of the State Council issued the Opinions on Several Issues Concerning Heightening Reform and Innovation in Intellectual Property Right Trial Field. The second part of Article 2 specifically stresses two points: “First, adhering to the value orientation that intellectual property rights create value, and right holders deserve interests in return. A judicial determination mechanism for damages, with compensation as the principal means and punishment as the supporting means, shall be established, and the problem of “low-value compensation” in action against infringements on intellectual property rights shall be resolved first. Second, tightening punishment for infringements on intellectual property rights and reducing enforcement costs.
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Everything You Should Know before Sending a Cease & Desist Letter in China
By Mia Qu, Hannah Sun and Wendy Dong King & Wood Mallesons’ Dispute Resolution group
To protect your IP rights, sending potential infringers a Cease & Desist Letter or Warning Letter (the “Letter”) is one of the most common tools. Is it a necessary step before starting any legal proceedings in China？What legal consequences does it entail? Are there any issues that must be attended to? How effective is the Letter? This article will try to project a bird’s eye view regarding everything you should know before sending the Letter to your potential infringers.
Purpose of Sending the Letter
Sending the Letter is not a condition precedent for the right holder to initiate legal actions in China. The purpose of sending the Letter includes:
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Patent Disputes and Article 24 of Judicial Interpretation II
by Li Zhongsheng, King & Wood Mallesons’ IP group
On behalf of Qualcomm Incorporated, King & Wood Mallesons (“KWM”) recently asserted several standard essential patents (SEPs) against Meizu, a Zhuhai-based handset manufacturer. Meizu concluded a license agreement with Qualcomm on fair, reasonable, and non-discriminatory (FRAND) terms, in settlement of the royalty dispute after it was threatened with an injunction.. Article 24 of the Supreme People’s Court Interpretation of Issues of Application of Laws in the Handling of Patent Infringement Disputes (II) (“Judicial Interpretation II”) was the legal basis on which Qualcomm accused Meizu of patent infringement. This essay is a preliminary consideration of that article.
Article 24 of Judicial Interpretation II (“Article 24”) consists of four paragraphs.
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Who’s afraid of the IoT? IoTAA Security Guideline
By Joshua Fisher and Michael Swinson King & Wood Mallesons’ Melbourne office.
The “internet of things” or “IoT” may be the defining technology buzzword of our age. Certainly just about every technologist is busy explaining how the IoT will revolutionise the ways in which businesses work and societies function.
Yet, as IoT systems and devices proliferate, so do the security implications. While many benefits of the IoT can only be realised by expanding the ecosystem of interconnected IoT devices, this can also be one of its greatest flaws; networks are only secure as their weakest link.
Many readers will already be familiar with some of the more famous examples of IoT vulnerability, such as the demonstration at the 2015 Black Hat of taking control (remotely) of a Jeep Cherokee travelling at over 110kph or the recent incident when IoT-connected CCTV video cameras and DVR players were used to facilitate one of the largest internet denial of service attacks in history. However, despite the high level of awareness of these security issues, industry is yet to take a coordinated approach to dealing with these matters.
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