Newsletter from HHJC Intellectual Property & Partners
State Council issues Plan to Implement IPR Strategy
On July 18, 2016, General Office of the State Council of the People's Republic of China issues a guideline for accelerating the construction of a strong China on intellectual property rights (IPR). The guideline highlighted the goals and measures for IPR use, protection and management, which called for coordinated work involving 40 government departments.
We select some of the main tasks in that you may be interested.
IP applications of Chinese Companies or Individuals will definitely get increased under the encouragement and support of China’s government.
a. Establish an appraisal system on IPR for major economic activities or a valuation system on innovation-driven development centering on IPR.
b. IP Products will be included into National Accounts in China; IP Index will be included into National Economy and Social Development Plan.
c. Set up various IPR prizing and enlarge prizing systems.
d. Formulate rational measures in order to reduce official fee and annuity fee.
e. Build a test model for testing state-owned enterprises, with a comprehensive view on operating performance, IPR and Innovation.
f. Promote the Overseas IPR layouts of domestic enterprises, Research Institutes and higher Education Institutes.
g. Improve the IPR of Achievements in Science and Technology by the Usage of Chinese Public Finance Funds.
h. Strengthen and improve fund experiments for the running of important IPR.
More efficient and effective administrative IP actions & More sound IP system in China will be taken since the following tasks are mentioned.
a. Optimize examination procedure of patents and trademarks, and Realize paperless application, examination and registration.
b. Establish a faster channel for computer and software copyrights.
c. Improve the Patent Document Amendment Rules after the patents are granted.
d. Develop the International Collaborative Network of PPH.
e. Strengthen the reform of patent licensing system.
f. Make more Efforts to fight infringement of IPR.
g. Construct IPR basic information public service platforms.
China approved its First Sound Trademark
According to the latest China Trademark Law, China Trademark Office can receive sound trademarks from May 1, 2014. A sound trademark is a sound that is used to perform the trademark function of uniquely identifying the commercial origin of products or services. Compared with other kinds of trademarks, sound trademark has no visibility but has its own unique character which brings sound trademarks easier into customers’ memory.
China Radio International's signature tune was approved as China's first registered sound trademark on May 14, 2016. China Radio International provides the world with one of the most efficient and convenient ways of learning about China. China Radio International focuses on news reporting as well as produce a variety of feature programs with the motto "Your Bridge to China and the World".
New Case Sharing--A Published Trademark was successfully opposed by a Registered Copyright on July 4, 2016
Brief Introduction: Applicant河南瓦力商貿有限公司filed a word trademark “兩岸早教生活” application on March 11, 2013 in class 41, went through substantive examination and was published on December 20, 2014 with trademark No. 12246640. During the opposition period, 河南兩岸教育咨詢有限公司requested for an opposition application based on his prior copyright. Finally, the published trademark was rejected by Trademark Office due to a prior Registered Copyright on July 4, 2016.
We can learn from this case that, for a comprehensive protection of your IP rights, it is not necessary but helpful for clients to register both a trademark and copyright in China.
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Haihong Jiacheng Intellectual Property & Partners