SBZL IP Law Firm

25/08/2015

Is the Fair Use "Fair"?

The fair use of trademarks became a hot topic in the field of intellectual property as early as 2007, and it has also become the first grounds for trademark infringement defense. In many cases in the trademark administrative law enforcement and judicial practice, no infringement was constituted based on the fair use of trademarks. The new Trademark Law promulgated on May 1, 2014 has also perfected the defense of the fair use of trademarks and added the "prior use" as defense grounds.

23/07/2015

Things you need to know to file an invention application in China:

I. Required information/ documents:

1. An order letter containing:
a) Applicant’s and inventor’s name, address and nationality;
b) The nationality, the filing date and the application number of the prior application(s), if priority(ies) is/are to be claimed.

2. Certified Copy of the Priority documents, if a priority(ies) is/are claimed (which must be filed no later than three months from the Chinese filing date);
Please be advised that if the applicant of the prior application is not consistent with that of the application to be filed in China and the assignment is not recorded in the priority document, an original assignment or a legalized copy should be submitted together with the priority document.

3. An executed Power of Attorney (which can be late filed within two months from the date of filing);

4. A patent specification, including description, claims, abstract and drawings if needed;

II. Processing time*:

1. 3-6 months’ preliminary examination on documents filed;

2. After the preliminary examination, the application will be published promptly after the expiration of 18 months from the filing date, or the earliest priority date (upon the request of the applicant, this application could be published earlier);

3. After the publication, the applicant shall request for substantive examination before the China Patent Office within 3 years from the filing date;

4. After substantive examination, a certificate will be issued and the announcement about the patent will also be issued.
It takes at least 2.5~3 years to obtain a Patent Certificate for an invention patent

20/07/2015

What do you need to prepare for a trademark application in China?

a) Name, nationality and complete address of the applicant;

b) Power of attorney signed by an authorized representative of the applicant (notarization and legalization depend on the principle of reciprocity);

c) Priority proof (if claimed);

d) The presentation of trademark in electronic copy;

e) Detailed list of the corresponding goods / service;

f) For Limited Company: Copy of Business Registration with company stamp together with its Chinese translation. (Translation service provided for English copy)

g) For Unlimited Company / Personnel: Copy of Personal I.D with signature.

22/05/2015

"We believe more and more Chinese consumers would be willing to pay more for food with healthy attributes in order to keep fit. Some local brands have been using that as a selling point to challenge their international rivals. Drinks maker Jiaduobao, which is challenging Coca-Cola Co and PepsiCo, claims its canned herbal tea drink can put out internal "fires", in a nod to traditional Chinese medicine. That is something we are advising clients to do a lot more, and it's something you're going to see more of going forward."
——Health-conscious Chinese challenge Western food firms, by Reuters.

Comment:
With the economy developing, health has become the number one concern of Chinese consumers, and premium brands have always been concerned about. Never before have brands changed so fast and fundamentally as in China. Chinese consumers are making new demands of international food brands, posing challenges for Western firms already grappling with slower sales and intense competition in the world's most populous nation.

22/05/2015

On May 20th, the IP5 Deputy Heads Meeting was held in Suzhou,
China. Deputy Heads of SIPO, USPTO, EPO, JPO, KIPO and WIPO attended the meeting. Report of WG1 Meeting, Global Dossier- Vision Statements based on Industry Priorities, three topics of PHEP were presented and discussed at the meeting. This meeting laid a solid foundation of the following IP5 Heads/Industry Meeting and the IP5 Heads Meeting.

21/05/2015

[FAQ]: When shall a applicant request the priority right and how to request?
The article 30 of the Patent Law of PRC regulates that any applicant who claims the right of priority shall make a written declaration when the application is filed, and submit, within three months, a copy of the patent application document which is first filed; if the applicant fails to make the written declaration or to meet the time limit for submitting a copy of the patent application document, the claim to the right of priority shall be deemed not to have been made.

21/05/2015

[Knowledge]: What is the basic principle of Hong Kong patent system?
According to the patent ordinances in Hong Kong, applicants can submit their applications for standard patent or short-tem patent in Hong Kong, and according to the Hong Kong Ordinance on Registered Design, applicants can apply for design patent in Hong Kong either.

Duration: standard patent is 20 years at most, but that has to be renewed every year; short-term patent is 8 years at most, and renewed every four years. Duration of design patent is 5 years, but applicants can ask for 4 terms of renewing with one term of 5 years.

Those applying design patent or temporary patents can apply directly in Hong Kong Intellectual Property Department, but if applying standard patents, applicants have to submit applications to SIPO, or British Patent Department or Eurounion Patent Department first, and finish the first registration within six months in Hong Kong Intellectual Property Department after the above-mentioned patent administration declares it, and the patent will come into effect after the applicant finishes the second registration within the six months since the day of one of above-mentioned patent administration department grants the patent.

In addition, the patentee has to pay to Hong Kong Intellectual Protection Department annually to keep the validity.

14/05/2015

[FAQ]: Can computer software be patented in China?
Computer programs as such cannot be patented, but may be protected under the "Regulations on Computers Software Protection", formulated in accordance with the Copyright Law. An invention containing a computer program may be patentable if the combination of software and hardware as a whole can really improve prior art, bring about technical results and constitute a complete technical solution.

14/05/2015

[Knowledge]: What kind of invention cannot be patented in China?
China Patent refuse the following categories:

According to Article 5 and Article 25 of the China Patent Law, the following items are unpatentable in China:

(1) any invention-creation that is contrary to the laws of the state or social morality or that is detrimental to public interest

(2) scientific discoveries;

(3) rules and methods for mental activities;

(4) methods for the diagnosis or for the treatment of diseases;

(5) animal and plant varieties;

(6) substances obtained by means of nuclear transformation.

14/05/2015

[FAQ]: What is the duration of Chinese patent?
The duration of China Patent for invention is twenty years, the duration of patent for utility model and design is ten years, counted from the application date in China.

14/05/2015

[FAQ]: How many types of industrial property rights exist in China?
There are three kinds of industrial property rights in China, including patent, trademark and copyright. Patent is composed of "patents for invention", "patents for utility model" and "patents for design".

14/05/2015

[Case] Apple Wins the APPSTORE Trademark Case in China http://english.cnipr.com/iplaws/201505/t20150506_188640.html

In a second instance decision by Beijing High People's Court, Apple Company's APPSTORE trademark filings on communication service, has been finally approved, rejecting the decision made by the Trademark Review and Adjudication Board (TRAB) under the State Administration of Industry and Commerce (SAI…