Китай и авторские права

Читайте об особенностях соблюдения иностранных авторских прав в Китае.

Patent Prosecution Highway System . Start January 2014

It seems that the PPH system is not widely known yet, though it is an effective system for applicants who would like to expedite patent prosecution in Russia.

Nowadays ROSPATENT has PPH agreements with Japan Patent Office, United States Patent and Trademark Office, Korean Intellectual Property Office, National Board of Patents and Registration of Finland, Spanish Patent and Trademark Office, Danish Patent and Trademark Office and Chinese Patent Office.

We are also pleased to announce that 13 intellectual property offices, including Russian Federal Service for Intellectual Property, intend to pilot a Global Patent Prosecution Highway (GPPH) arrangement, beginning in January 2014.

What do such big companies as Coca Cola, Gazprom, Toyota, Samsung and Chanel have in common?

All of the companies mentioned above have already received the protection of their trademarks in the Republic of Abkhazia.

As you may know, the trademark protection is limited by the boarders of the state where its patent office has issued the decision on registration, brought the trademark in the Register and issued a certificate of registration. The appearance of new countries on the political map of the world often creates gaps in protection of trademarks. Sometimes there it leads to the assignment of trademark protection, for example, the Czech Republic and Slovakia experience. But it can often be necessary to obtain protection for the new territories. That is what happened with the trademarks that require protection in the Republic of Abkhazia.  http://ipprolaw.com/news/world-intellectual-property-%20Abkhazia.html 

Simplifying access to patent protection in Moldova

The heads of the European Patent Office (EPO) and the State Agency on Intellectual Property of the Republic of Moldova (AGEPI) have signed a validation agreement, which will allow European patent applications and patents to take legal effect in Moldova. The agreement was signed by EPO President Benoît Battistelli and AGEPI Director-General Lilia Bolocan in Munich on 16 October.
 
"This is a major step forward in our co-operation," said EPO President Battistelli. "This agreement, once approved and implemented fully, will simplify access to patent protection in Moldova, making it possible for applicants and owners of European patents to have their patents recognised in Moldova. It is a major contribution to strengthening innovation in Moldova, and creating new business opportunities for European companies in the country." 

"The signature of this validation agreement is an important step for the Republic of Moldova from an economic and political point of view," said AGEPI Director General Lilia Bolocan. "Given Moldova's strong commitment to European integration, the Government of the Republic of Moldova considers co-operation with the EPO as a priority. The recognition of European patents in Moldova will benefit Moldovan society by increasing patent quality, stimulating innovation and technology transfer, and creating a favourable investment climate in the country."

Under the agreement, applicants will be able to validate their European patent applications and EPO-granted patents in the Republic of Moldova, even though it is not a contracting state to the European Patent Convention. Thanks to the new agreement, European applications and patents validated for Moldova will have the same legal effects there as Moldovan ones, and be subject to Moldovan law. The Agreement still needs to be approved, and implementing legislation passed by the Republic of Moldova.

Co-operation between the EPO and AGEPI goes back more than 15 years, and has intensified since 2009. Previous co-operation activities focused on enhancing the skills of AGEPI staff in the area of patent administration and examination. Under the current co-operation agreement, the EPO will also provide technical and legal assistance for the implementation of the validation system.

News from the Patent office of Japan

Anti-counterfeiting Trade Agreement (ACTA) signing ceremony held

On October 1, 2011, the signing ceremony for the Anti-counterfeiting Trade Agreement (ACTA) was held in Tokyo. The agreement was signed by a total of eight countries: Australia, Canada, Japan, Korea, Morocco, New Zealand, Singapore, and the U.S.A. In addition, representatives of the E.U., Mexico, and Switzerland were also present at the ceremony, expressing their support for the agreement and confirming that they will make preparations to sign the agreement promptly.
The agreement will hereafter be ratified in each country and is expected to become effective in 2012 at the earliest.

Regarding Intellectual Property protection in China as reflected in railroad accident

Concerning the bullet train derailment accident which occured in July 2011 in China, the Chinese government has been looking into the possibility of the cause being a signal system failure. The Chinese company which delivered the system claimed to have developed some technologies actually owned by foreign companies, and might not have had sufficient understanding of a technology with a "black box "design (to prevent reverse engineering). Part of the reason might lie in the fact that Chinese companies have not gained the full trust of foreign businesses that emphasize the protection of technologies and know-how.

Regarding developments in Apple's law cases

On October 5, 2011, Apple's founder Steve Jobs passed away. As developments in the multiple lawsuits between the company and Samsung Electronics, etc. are drawing attention, the presence of Apple's general counsel and senior vice president of Legal and Government Affairs Bruce Sewell, who leads the lawsuits, is expected to increase in significance. Since Sewell moved from Intel (U.S.A.) in 2009, Apple has been actively engaged in litigation.

Regarding Apple and Samsung's dispute over patent infringement lawsuits

Apple and Samsung Electronics are engaged in intensive worldwide patent infringement litigation, but it seems that there is a considerable difference in the number of patent applications and the areas of specialty of the two companies. Samsung Electronics is far ahead of Apple in the number of patent filings for communications technologies. On the other hand, Apple appears to be stronger in technologies related to LCD-screen operations. Judging by these factors, the dispute between the two companies will probably not be easily resolved.

Пресс-релиз из ЕАПВ

7-9 сентября 2011 г. в г. Минске, Республика Беларусь состоялось двадцатое заседание Межгосударственного совета по вопросам охраны промышленной собственности (МГС ОПС) и семинар "Управление интеллектуальной собственностью и инновационным процессом", в организации которого приняло участие Евразийское патентное ведомство. На заседании присутствовали 8 государств – членов МГС ОПС.

В качестве наблюдателей в работе заседания приняли участие делегации ВОИС, ЕАПВ, ЕПВ и Грузии. Делегацию Евразийского патентного ведомства возглавлял Президент ЕАПВ А.Н. Григорьев.

В период проведения мероприятий состоялось награждение Золотой медалью имени В.И. Блинникова «За вклад в изобретательское и патентное дело» Скворчевского Антона Антоновича - председателя Республиканского совета Белорусского общества изобретателей и рационализаторов (БОИР) и Сухановой Наталии Борисовны - начальника управления экспертизы изобретений Национального центра интеллектуальной собственности.

9 сентября 2011 г. в Национальной библиотеке Республики Беларусь состоялось подписание Соглашения о предоставлении доступа к Евразийской патентно-информационной системе публичным библиотекам и высшим учебным заведениям Республики Беларусь между Евразийским патентным ведомством Евразийской патентной организации и Национальным центром интеллектуальной собственности Республики Беларусь.

Деловая часть мероприятий сопровождалась культурной программой, в ходе которой гости познакомились с основными достопримечательностями города Минска, а также посетили памятные исторические места.

News from the Patent office of China

Hong Kong: HK Protects Yu Lan Ceremony

The local government and the Chiu Chow Chamber of Commerce plan to enhance protection and publicity for the Yu Lan Ceremony, which was recently added to the National List of Intangible Cultural Heritage.

The ceremony continues Chinese traditions of unity, mutual aid and reverence for ancestors. The annual event starts in the seventh month of the lunar calendar - August on the international calendar - and lasts for a month.

In addition, a list of Hong Kong Intangible Cultural Heritage will be released by the local government in 2012, according to authorities.

2011-09-15

Sichuan: 'Trademark Golden Prize' Awards

Trademark Golden Prizes were awarded on Sept 6 in Chengdu, the provincial capital, as part of the forth China Trademark Festival.

Twenty prizes were awarded, including six for best protection and seven for best application.

The event is jointly organized by the State Administration for Industry and Commerce and the World Intellectual Property Organization. It will be held every two years.

This year's trademark festival was themed "trademarks lead development and innovation to beautify life".

2011-09-1

Hubei: Largest Patent-collateralized Loan

Wuhan Splendid Optronics Technology Co recently received a bank loan using its core patented technology as collateral.

Wuhan Rural Commercial Bank will provide a line of the credit of up to 100 million yuan, the highest amount of its kind nationwide.

The pledged patent is on carbon nano-tube technology for liquid crystal silicon displays. It was approved in 2009 by the China Patent Office and evaluated with a value of more than 700 million yuan.

The company will use the money to build facilities to make devices using the patented technology, according to the deputy general manager.

2011-09-15

SIPO: Worldwide Patent Data Crucial to China's Innovation

Companies need to recognize the importance of patent documents as part of their development strategy and use those resources throughout the entire innovation process, Tian Lipu, commissioner of the State Intellectual Property Office (SIPO), said at an annual meeting on patent information in Beijing last week.

The two-day seminar began on Sept 5 at the China National Convention Center.

"Efficient analysis and use of patent information helps to improve R&D, identify market trends, seize development opportunities and avert intellectual property (IP) risks," Tian said.

"As China is now upgrading industries, we attach high importance to patent information as strong support to revitalize traditional sectors and develop emerging industries," he noted.

SIPO will promote the growth of patent information services and encourage more institutions to join and meet the growing need, the commissioner said.

Randall Rader, chief judge of the United States Circuit Court of Appeals and also a law professor at George Washington University, told the seminar that his 120-student class includes nearly 20 from China.

One of his Chinese students said a patent system is created for "information disclosure", which Rader agreed is true because documents are written so other inventors, scientists or people skilled in the field know current developments.

"The documents may have a legal consequence, but they are really scientific documents," he said. "They are written to convey information so that we promote swifter development of science."

Fifty years ago, probably two or three research laboratories like Edison Lab could invent everything necessary around the world, but "that has changed", Rader said.

"It is no longer possible for any corporation, any company or any research institution to alone develop new technology," he said.

"In order to really advance technology, you must learn to cooperate," he said.

During his recent visit to Microsoft, he said he found brilliant computer scientists there were not just "sitting together and trying to alone design the future".

"Instead, they spent a great deal of time analyzing the world's advances," he said. "The information alone justifies the creation of a patent system."

An example of "magnificent international cooperation to advance technology and solve human problems", the patent system allows scientists worldwide to collaborate, the judge said.

Chen Luchang, director of the IP department at Sany Group, one of the largest Chinese machine and equipment makers, outlined his company's policies for using patent information.

The company has established its own IP website with a vast patent database, the majority of which is from the United States and Europe.

All the group's facilities worldwide have access to the database.

Key role

Chen said patent information plays a key role in various stages of production, from decisions on whether to start an R&D project and evaluating research results to tracing major advances by competitors and early warning about potential overseas IP risks.

To date, Sany Group has filed more than 3,000 patent applications. About one-third have been granted.

Compared with such large companies, small businesses are short of resources to use IP information.

Eiichi Yamamoto, deputy director of a planning department at the Japan Patent Office, said his operation offers companies access to a digital IP library that provides patent information and facilitates R&D by small businesses.

Founded in 1999, the online library with a free English version contains more than 80 million documents covering patents and trademarks.

Yamamoto said Japan values the combined services provided by the government and private sector.

The patent seminar also attracted scores of intermediary service providers, including those from Japan, South Korea, Britain, the US and Singapore.

The firms set up exhibition boosts outside the conference hall, where some presented their latest software.

With more than 70 million patents worldwide, professional intermediary organizations help to find the most valuable information and provide an abridged version, saving time for R&D staff, said Zhu Xinyu, patent information analyst at Intellectual Property Publishing House.

As well, analysis of patent information offers inspiration for further invention and aids innovation, Zhu said.

"A trend in the patent information industry is the increasing need for tailor-made services and segmented technologies," Zhu said. "That requires an all-round information service team."

2011-09-15

Shandong: Center for Management, Services

The Shandong Institute of Light Industry recently held a ceremony in Jinan, the provincial capital, to inaugurate an IP research center to enhance management and service in the field.

Chen Jiachuan, insitute president, said at the inauguration ceremony that the center will emphasize patent innovation and protection. It will also provide consulting and problem-solving services to companies.

The college has been working on IP creation and patent industrialization for years.

It now has 93 patents, 11 of them commercialized, which are expected to bring more than 100 million yuan ($15.7 million) in profits.

2011-09-15

Big Numbers, But not 'Strong' Trademarks

China has already grown into a "big nation of trademarks" for its number of applications and registrations, but it is still far from being a "strong nation of trademarks", said experts at the fourth China Trademark Festival that was held on Sept 6 in Chengdu, Sichuan province.

China now has about 5 million registered trademarks, the most in the world, but when the figure is divided by the number of those doing business in the marketplace, the results are poor, explained Yuan Qi, an official with the Trademark Department of the State Administration for Industry and Commerce.

"The ownership of trademarks for all market entities is only 10 percent, which means that for every 10 market entities, there is only one trademark," she said. "The figure for companies is 40 percent."

The forum heard that infringement still happens all the time despite recent achievements in trademark protection. Many renowned Chinese trademarks have been preemptively registered by foreign companies in overseas markets.

"These facts show that most of Chinese companies do not realize how important trademarks are to them," said Yuan. "They often ignore the contribution of trademarks to the development of their companies, and don't have a proper trademark strategy."

The lack of quality and influence by domestic trademarks is another problem, according to Zhang Yumin, an intellectual property (IP) rights researcher with Southwest University of Political Science and Law.

"Much of the profit by Chinese companies is transferred to foreigners because they have few globally famous brands and trademarks," she said.

"In the international market, a pair of shoes labeled Nike can be priced 10 times higher than shoes made at the same production line in a Fujian factory, but with a Chinese trademark."

Zhang said a specialized IP management department should be set up in every company under the direct leadership of the top decision makers to formulate trademark strategies, collect IP information and register trademarks internationally.

She said the government should focus on encouraging registration of international trademarks, trademarks for farm products and those with geographical indications.

Dong Min, deputy secretary general of the Zhenjiang Vinegar Association in Jiangsu province, also called for an active role by trade associations, agencies and government departments.

"With advantages in professional knowledge and information, IP agencies can help companies by providing information and dealing with disputes," he said. "And the government should give guidance and training about IP protection to trade associations."

2011-09-15