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According to the Measures for the Evaluation of China Patent Awards, the China National Intellectual Property Administration (CNIPA) and the World Intellectual Property Organization (WIPO) awarded the China Patent Gold Award to 29 patents for invention and utility model including "PEPTIDE DERIVATIVE FUSION INHIBITORS OF HIV INFECTION". CNIPA decided to award the China Industrial Design Gold Award to 10 patents for industrial design including "MARS ROVER"; the China Patent Silver Award to 60 patents for invention and utility model including "MONITORING TEST SYSTEM FOR BURYING GAS AND LEACHATE TRANSMIT PROCESS"; the China Industrial Design Silver Award to 15 patents for industrial design including "CATERING ROBOT (PUDU)"; the China Patent Excellence Award to 777 patents for invention and utility model including "AUTOMATIC SEPARATED PACKING AND CALCULATING DEVICE FOR MEDICINE"; the China Industrial Design Excellence Award to 45 patents for industrial design including "PORTABLE COLOR ULTRASOUND DIAGNOSTIC INSTRUMENT"; the Best Organization Award of the China Patent Award to 7 units including the Intellectual Property Office of Guangdong Province; the Excellent Organization Award of the China Patent Award to 20 units including the China Electronic Instrument Industry Association, and the Best Recommendation Award of the China Patent Award to 20 academicians including GAO Wen.

Attachment: Decision of the CNIPA on awarding the 24^th China Patent Award

(Source: IPRdaily)

On July 11, the 2nd WIPO Global Award ceremony was held in Geneva, Switzerland. WIPO Director General Daren Tang presented award trophies to the representatives of the seven winning enterprises.

Among 7 award-winning enterprises from around the world, two enterprises are from China: Shanghai Westwell Technology Co., Ltd, which develops multi-scenario intelligent and green solutions for the bulk logistics field, and Xi’an Kissfuture Network Technology Co., Ltd, which provides comprehensive digital solutions for cinemas and cultural institutions. The other five companies are from France, Kenya, Mexico, Singapore, and Slovenia. The 7 award-winning enterprises will receive exclusive guidance plans and other forms of support and assistance from the WIPO to promote the transformation and application of intellectual property rights by enterprises.

In 2023, the Secretariat of the WIPO received a total of 548 applications for the global award from 58 countries, half of which came from China. In the global award shortlist announced at the end of May, 6 Chinese enterprises were included among the 25 small and medium-sized enterprises.

(Source: people.cn)

Recently, the theme activity of "Witness the New Era" jointly carried out by the National Cultural Heritage Administration, the China Media Group and the Cyberspace Administration of China announced the 100 New Era Witnesses List, and the "No. 5,000,000 Invention Patent Certificate" recommended by the CNIPA was included.

On March 15, 2022, the CNIPA issued the No. 5,000,000 invention patent certificate. Since the first invention patent certificate was issued by China on January 10, 1986, China patented a total of 5 million inventions for 36 years. The invention patent certificate No. 5,000,000 is a microcosm of the new era in which various types of large, medium-sized and small enterprises compete for development and innovate together, witnesses that the China's intellectual property industry developed from scratch and becomes a globally recognized intellectual property power, and is an important example of the historic achievements achieved by the intellectual property industry under the leadership of the Communist Party of China in the new era.

(Source: China Intellectual Property News)

The First China-Central Asia Heads of Intellectual Property Office Meeting was held in Urumuqi, Xinjiang on July 24. Shen Changyu, Commissioner of the CNIPA presided over the meeting, which was attended by CNIPA Deputy Commissioner Lu Pengqi, executives and representatives of the IP offices of the five Central Asian countries. Wang Binying, Deputy Director General of the WIPO was present as an observer.

At the meeting, profound discussions on China-Central Asia cooperation in IP were conducted, and the Joint Statement of the First China-Central Asia Heads of Intellectual Property Office Meeting was passed. The signatory parties agreed on the establishment of the China-Central Asia Heads of Intellectual Property Office Meeting mechanism and to drive the common economic prosperity in the region.

(Source: CNIPA Official WeChat Account)

On July 7, during the 64th Series of Meetings of the Assemblies of the Member States of the WIPO, BRICS heads of IP offices held an informal meeting. The meeting was chaired by Rory Voller, Commissioner of the Companies and Intellectual Property Commission (CIPC) of South Africa and participated by Shen Changyu, Commissioner of the CNIPA, Júlio Moreira, President of the National Institute of Intellectual Property (INPI) of Brazil, Yury Zubov, Head of the Federal Service for Intellectual Property (Rospatent) of Russia, and Unnat P. Pandit, Controller General of Office of the Controller General of Patents, Designs and Trademarks (CGPDTM).

During the meeting, the offices discussed and reached consensus on issues including progress of the BRICS cooperation roadmap project, BRICS general statements during the WIPO Assemblies, future information communication mechanism and preparatory work for the 15th BRICS Heads of IP Offices Meeting.

(Source: CNIPA Website)

Case Brief

Harmony World Watch Centre, as a chain group (hereinafter referred to as "Harmony Group") specializing in the distribution and service of world-renowned watches, has over 250 world-renowned watch chain stores in more than 60 provinces and cities across China. It has long used and promoted trademarks " " " " (hereinafter referred to as the "disputed trademarks") on services of "advertising, selling for others" in Class 35. In 2020, the disputed trademarks were proposed to be revoked by a certain enterprise on the grounds of being "unused for three consecutive years". The China National Intellectual Property Administration (CNIPA) held in the sued ruling that the evidence used in the case cannot prove that the disputed trademarks were used commercially on services of "selling for others, organization of exhibitions for commercial or advertising purposes", and revoked the registration of the above trademarks in these service items.

After being the agent of the case, the Unitalen litigation team accurately grasped the functional purposes of services such as "selling for others, organization of exhibitions for commercial or advertising purposes" by sorting out the evidence materials of the entire case at the CNIPA stage and further delving into it. The team also comprehensively presented and sorted out the evidence of trademark use during the three-year period to the Beijing Intellectual Property Court, thereby successfully revoking the sued decision and maintaining the registration of the disputed trademarks on services of "selling for others", "organization of exhibitions for commercial or advertising purposes" and similar services.

Case Background of Service of "Selling for others" in Class 35

As early as 2004, the former Trademark Office under the State Administration for Industry & Commerce provided an official reply with Trademark Shen Zi [2004] No. 171 as follows: shopping malls and supermarkets are enterprises that sell goods, and their main activities are wholesale and retail. Therefore, the service items in Class 35 of International Classification of Goods and Services for the Purposes of the Registration of Marks do not include "wholesale and retail of goods", and the services of shopping malls and supermarkets do not belong to this class. The content of service of "selling (for others)" in this class is to provide advice, planning, promotion, consulting, and other services for others to sell goods (services).

Based on this reply document, some relevant public have varying understandings of the service of "selling (for others)" in Class 35. In this regard, Guidelines for the Trial of Trademark Right Granting and Verification Administrative Cases implemented by Beijing Higher People's Court in April 2019 clarified the determination rules for use of trademarks on service of "selling for others" in Class 35. The CNIPA implemented the Guidelines on the Application for Registration and Use of Trademarks on Services in Class 35 in December 2022.

Typical Significance

According to statistical figures in the Research Report on the Protection of Service Trademarks in the Retail Industry of Goods issued by the Beijing Trademark Association in July 2022, "only 7% of retail enterprises have their trademark registration maintained" in "the revocation cases of trademarks of being unused for three consecutive years on services in Class 35". Moreover, the present case exactly provides a vivid case for the issue of identification of trademark use on service of "selling for others" in Class 35.

Basic information

Case No.: (2022) Jing 0106 Xing Chu No. 86

Public prosecution organ: Fengtai District People's Procuratorate, Beijing Municipality

Defendant: Ren

Case Brief

The Organizing Committee for the Beijing 2022 Winter Olympic Games and Winter Paralympic Games (hereinafter referred to as the Organizing Committee for the Beijing Winter Olympic Games) is the copyright owner of the mascot image art works for the 2022 Winter Olympic Games and Winter Paralympic Games. From November to December 2021, during the preparation and hosting of the 2022 Winter Olympic Games and Winter Paralympic Games, Ren, without the permission of the Organizing Committee for the Beijing Winter Olympic Games, made dolls having images of the mascots for the 2022 Winter Olympic Games at his current residence in Rongcheng County, Baoding City, Hebei Province for lucrative purpose. He then sold them to Fengtai District and other places in Beijing through online stores, with a total illegal turnover of over 60,000 yuan.

On January 1, 2022, Ren was arrested by police officers from the Liuliqiao Police Station of the Fengtai Branch of the Beijing Municipal Public Security Bureau. The police officers caught over 30 mascot image dolls without padding and over 160 unsold mascot image dolls at his current residence.

The first trial court held that Ren, for the purpose of profit, copied and distributed the works whose copyright belongs to the copyright owner without the permission thereof. The circumstances were serious, and his behavior constituted a crime of copyright infringement, which should be punished in accordance with the law. Considering that Ren was able to truthfully confess the facts of the crime upon his arrival at the case and voluntarily plead guilty to punishment, he was given a lighter punishment in accordance with the law. According to the provisions of Article 217(1) of the Criminal Law, he was sentenced to one year's imprisonment and a fine of RMB 40,000. It was ruled to continue pursuing the illegal gains of Ren, confiscate and turn them over to the national treasury; transfer one mobile phone along with the case, which was confiscated for archiving; and transfer the mascot image dolls and dolls having no padding that have infringed upon copyright along with the case, which shall be confiscated and destroyed. Ren accepted the judgement and did not institute an appeal. The first trial judgment shall take effect.

Comments

This case is the first criminal case in China involving infringement to the copyright of the Beijing Winter Olympic Games mascot image art works. The Winter Olympic Games mascot is an important symbol of the Winter Olympic Games, embodying the extraordinary creative wisdom of creators and possessing a strong sense of artistic beauty. It is an art work protected by China's Copyright Law and an object of copyright infringement in Criminal Law. This case was concluded before the opening of the Beijing Winter Olympic Games. Criminal measures were taken to investigate and severely punish criminal acts that infringe on the intellectual property rights of the Winter Olympic Games, which fully demonstrates China's determination and attitude to protect intellectual property rights in accordance with the law, and effectively enhances China's international image in protecting intellectual property rights of the Winter Olympic Games.

(Case source: official WeChat account of Beijing Higher People's Court)

Recently, the international authoritative intellectual property media IAM (Intelligent Asset Management) announced the selection results of the "IAM Patent 1000" in 2023. With outstanding performance in the patent field and widespread recognition from customers, Unitalen has been on the list of the annual recommended firms in the fields of "patent right verification" and "patent litigation" for 9 consecutive years. At the same time, vice president LI Deshan, a partner of Unitalen, was awarded with an outstanding individual in the fields of "patent litigation" and "patent right verification", while vice president LI Yang and Dr. PAN Wei, both being partners, were on the outstanding personal recommendations list with glory in the field of "patent right verification".

Recently, Unitalen received a Letter of Gratitude from customer Weichai Power Co., Ltd. Weichai Power expressed gratitude for Unitalen for drafting a patent for invention for Weichai Power, titled "Diesel engine injection control method and electric control diesel engine utilizing same ", which won the 24^th China Patent Gold Award, achieving a breakthrough as the first China Patent Gold Award of Weichai!

Recently, CNIPA issued the Decision on Granting of the 24^th China Patent Award to commend patentees, inventors (designers) and relevant organizers who have made significant contributions in implementing innovation and promoting economic and social development. 26 patents represented by Unitalen have made to the list, including 2 Chinese Patent Gold Awards, 4 Chinese Patent Silver Awards, 18 Chinese Patent Excellence Awards, and 2 Chinese Design Excellence Awards.

Annex: List of Patents Represented by Unitalen Winning the 24^th China Patent Award

Recently, the worldwide authoritative media in the field of intellectual property, World Trademark Review (WTR), announced the list of Global Leaders 2023, with lawyer Ray Lei Zhao, Senior Partner and Attorney at Unitalen, among them.