以下文章来源于中伦文德律师事务所 ，作者ZLWD

Guangzhou: NFT digital collections and Murder Mystery Game etc. included in copyright regulatory supervision

Recently, it is reported that Guangzhou Copyright Bureau has recently launched the "SwordNet 2022" special campaign to combat online copyright infringement and piracy. The "SwordNet 2022" campaign is the 18th special campaign to combat online piracy and copyright infringement jointly launched by the National Copyright Administration and four other departments, and will last until the end of November. The Copyright Bureau will join hands with relevant departments to supervise major cases and strengthen the whole chain of protection of online copyright by promoting the development of regulation and cracking down on punishment, focusing on the regulation of copyright in areas such as literature databases, online videos, online literature, NFT digital collections and "script killing".

It is understood that the "SwordNet 2022" special action not only focuses on the unauthorized and over-authorized use of literature databases to disseminate other people's works, unauthorized abridgement of audiovisual works and short videos, unauthorized dissemination of online literature through websites, social networking platforms, browsers, search engines and other infringing acts. At the same time, it will investigate and deal with the sale of infringing products through short video platforms, live broadcast platforms and e-commerce platforms in accordance with the law, resolutely rectify infringing acts that abuse the safe haven rule, compact the main responsibility of online platforms, promptly dispose of infringing contents and repeatedly infringing accounts, and facilitate rights holders to defend their rights in accordance with the law.

In addition, to strengthen the supervision of copyright in the new network industry, the special action cracked down on the unauthorized use of other people's works such as art, music, animation, games, film and television to cast NFT and produce digital collections, sell pirated scripts through the network, and develop unauthorized derivative script image props and other infringing acts. Also continue to strengthen copyright protection for cinema films, live webcasts, sports events, online education and news works. Consolidate the results of work in areas such as online music, games and animation, audiobooks and online discs, and continuously improve the effectiveness of online copyright enforcement.

ZLWD Commentary：

The inclusion of new products such as NFT digital collections and Murder Mystery Game in the scope of copyright regulation reflects that China's copyright regulatory field is evolving with the times in line with social development, constantly expanding the scope of regulation and enhancing regulatory efforts and enforcement effectiveness.

Tianxin District Court applies punitive damages in an IPR infringement case

 for the first time

Recently, the Tianxin District Court heard a case of dispute over infringement of trademark rights. Unlike previous cases, the case ruled that the defendant should stop infringing the plaintiff's exclusive right to register a trademark and also awarded punitive damages, which was the first case in which the Tianxin District Court applied punitive damages to infringement of intellectual property rights.

• Details of the case

On 19 April 2022, Hunan Horow Company took Taoyan Trading Company in Furong District and a hotel in Sangzhi（hereinafter referred to as“hotel”）to court. The reason was that the hotel used counterfeit bathroom products with the plaintiff's trademark, including basins, showerheads, faucets, toilets and floor drains, which infringed the plaintiff's exclusive right to use the trademark, and therefore sued the Tianxin District Court, requesting that the hotel be ordered to stop using and removing the products in question and to pay damages, and that Taoyan Trading Company in Furong District (hereinafter referred to as“Taoyan Company”) stop infringing and pay damages.

The Tianxin District Court found that Hunan Horow Company was the owner of the trademark "HOROW", "希箭" and "HOROW 希箭 bathroom". The company's market investigators discovered that hotel was using counterfeit bathroom products bearing the plaintiff's "HOROW" trademark and notarized them. After investigation, the above counterfeit bathroom products were sourced from Taoyan Company, and the two defendants entered into a "Horow Bathroom Material Purchase Contract" for the above bathroom products, in which it was agreed that Taoyan Company had to ensure that the products provided were genuine Horow products, and the contract amount was ￥78,501.

As to the source of the above counterfeit bathroom products,Taoyan Company indicated that the bathroom products involved were sourced from Horow Company and were provided by the company's salesman. However, in the relevant information that the court ordered Taoyan Company to submit, it showed that the bathroom products involved came from a ceramic company in Guangdong province and a bathroom company in Wenzhou city. At the same time, the above information shows that the cost of supplying the sanitary ware sold to a hotel was ￥63,806, and it was calculated that Taoyan Company made a profit of ￥14,695 in this transaction. In addition, the proprietor of Taoyan Company, as a shareholder of the company with which the plaintiff had an agency sales relationship, transferred his shareholding in the company to an outsider in the course of the proceedings, and the company also underwent a name change.

•  Court hearing

After hearing the case, the Tianxin District Court held that:

The defendant Taoyan Company sold counterfeit registered trademark goods without the permission of the registered trademark right holder, which constituted an infringement of the plaintiff's exclusive right to use the registered trademark and should bear the responsibility. In this case, the plaintiff claimed that punitive damages should be applied to the defendant, and that the defendant should be found to have infringed intentionally and under serious circumstances in accordance with the relevant laws. The defendant Taoyan Company was familiar with the plaintiff's brand and purchase channels, and still sold counterfeit bathroom products with the plaintiff's registered trademark, which was obvious intentional infringement. At the same time, the operator of the defendant,Taoyan Company, has concealed evidence before the trial, falsely stated the source of goods in the trial, transferred the company's equity that has agency relationship with the plaintiff and changed its name in the litigation process, etc. Combined with the above circumstances and considering the sales scale, the nature of infringement, the conduct in the litigation and other factors, can be found that its infringement of serious circumstances.

For the determination of the base of punitive damages, it was found that the defendant Taoyan Company had gained ￥14,695 as a result of the infringement, and this amount was taken as the base of compensation in accordance with the law. For the determination of the multiple of compensation, taking into account the infringement of the subjective degree of fault, infringement of the severity of the circumstances, the subsequent use of the products involved in the plaintiff to bring adverse impact on factors, the multiple of punitive damages is determined to be four times, so as to determine the amount of applicable punitive damages for ￥58,780，while discretionary support for the plaintiff's right to defend the reasonable expenses of ￥12,000 .

The defendant hotel did not produce and sell the infringing products involved, and the infringing products it purchased were not used in the hotel's business, and the relevant law did not provide that the use of goods counterfeiting the exclusive right to use a registered trademark constitutes trademark infringement, and in the absence of evidence to prove that it was aware of the infringing products and still paid an unreasonable price for the purchase, it should not be held liable.

•  The Court's decision

Accordingly, on 9 September 2022, the Tianxin District Court handed down a judgment at first instance that

The defendant Taoyan Trading Company immediately ceased to infringe the plaintiff's exclusive right to use the trademark; and compensated the plaintiff ￥70,780 within ten days from the date of the judgment; and rejected the plaintiff's other claims. 

After the first trial, the plaintiff and the defendant did not appeal, the case is now in effect.

•  Judge's statement

Judge Ma Tiefu

Punitive damages are a system that combines compensation, punishment and deterrence, aiming to increase the cost of infringement. At present, China has the problem of "low cost of violation of law and high cost of enforcement" of intellectual property rights. It is important to implement the punitive damages system for intellectual property rights to optimize the rule of law environment and build a strong country in intellectual property rights and a strong country in science and technology in the world.

China's law provides for "full coverage" of punitive damages in the field of intellectual property rights. The application of punitive damages must satisfy two conditions: firstly, "intentional infringement"; and secondly, "seriousness".In judicial practice, it is difficult to determine the subjective elements, objective elements and the basis of compensation, among which the basis of compensation can be determined according to the loss of the right holder, the profit of the infringer, a reasonable multiple of the license fee or the right royalty. In this case, it was difficult for the plaintiff to prove its actual loss, and there was no evidence related to the licensing of the trademark, nor did it provide the infringer with the profit situation. The court ordered the infringer to provide information such as purchase documents and payment vouchers, otherwise it could refer to the plaintiff's claims and evidence to determine the base amount of compensation, thus prompting the infringer to provide evidence and thus determine the base amount of compensation by profit. In addition, the case also took full account of the principles of conservation of resources and protection of the ecological environment in the Civil Code in determining whether the defendant, the hotel was liable for cessation of use and removal.

On the one hand, the case reminds merchants that when selling goods, they must ensure that they are authorised by the right holder or that the channels of purchase are regular and retain good evidence, operate in good faith and legally, and avoid becoming the perpetrators or victims of unlawful infringements themselves. On the other hand, the punitive damages were used to punish trademark infringement, reflecting the strength of the Tianxin District Court's efforts to strengthen the protection of the rule of law in relation to intellectual property rights, and demonstrating the court's determination to implement the punitive damages system, making the cost of unlawful infringement and the cost of breaking the law significantly higher, further optimizing the rule of law environment for intellectual property rights that is conducive to innovation, and providing a sample case law for future handling of similar cases.

Such a decision reflects the judge's comprehensive judgment and consideration during the trial of the case, and reflects his philosophy of humanistic care and ecological protection.

ZLWD Commentary：

As a company with an agency relationship with the plaintiff's brand, the operator of a merchant firm, who was familiar with the plaintiff's sales process, still produced and sold counterfeit products, with obvious subjective intent, constituting a serious infringement. The judge's application of punitive damages reflected the determination to protect intellectual property rights and was conducive to the establishment of a sound rule of law environment for intellectual property rights.

Filmmaker responds to infringement regarding retired women's version of The Legend of Zhen Huan Lawyer: company may still constitute infringement

Recently, 16 retired women in Hengdian Film and Television City remade The Legend of Zhen Huan, which became popular on the internet, with 1.18 million plays and more than 2,000 com   ments on the relevant videos on B-site. The videos have shown a different side of retirement life, but the remake has also drawn questions from netizens: does such an adaptation infringe on the corresponding copyright without the consent of the original copyright holder?

The video was filmed at the end of September and then uploaded to Xiao Hong Shu, and then after almost a month, a media clip was posted to Shake Sound and suddenly it was on fire.

l The filmmaker and the contractor said no copyright issues are involved".

The company said it was not involved in the copyright issue. "We went to shoot a scene ourselves, self-entertainment, there is no commercial use, if it constitutes copyright infringement, is not everyone who pays to imitate the star modeling also infringed?" The video maker believe that their own filming of The Legend of Zhen Huan does not have any copyright issues, if it does involve copyright, it should be in the contractor Hengdian Film and Television City Microfilm Co.

The reporter contacted Hengdian Film and Television City Microfilm Co., Ltd（Hereinafter referred to as “Hengdian”）. and the other staff said that the scripts were original to the company and that the specific content could only be sent after the order was placed. The staff member said, "That is some small scenes, according to the visitor's own ideas to adapt, play on Zhen Huan only." When asked about the copyright issue, the other party hung up. The company had previously responded to the media that the filming project was for tourists to experience and play with, and the film was made for tourists to see and play with themselves, so there should be no copyright issues involved.

The remake's planner and co-founder of the Rich Fashion Club, Peng Kai, said in a self-reported article that five big scenes were shot, with hundreds of sub-cameras, and that the crew had seven people in addition to the make-up artist, and that the director, camera, and crew were all complete, and also employed "cross-drifters" to play supporting roles like Su Peisheng and Dr. Wen. During the shooting, there was not only an opening ceremony and a closing ceremony, but also a gift box for the actors, with a USB stick containing the finished film and footage, including stills from the shooting.

On the issue of copyright, Peng Kai said in the article, "In fact, the investor of Empresses in the Palace is a subsidiary of the Hengdian Group, and we had already considered the issue of copyright before filming, and confirmed with Hengdian that they had the copyright for the drama." "The script was chosen, first of all, from the ones that had the copyright, and then there were a lot of characters, and the aunties had seen it, so it was more appropriate."

However, Cao Ping, the producer of The Legend of Zhen Huan, denied the claim of "authorization". In an interview with the media, she said that the legal department of the producer, Flower Film and Television, has not given authorization to Hengdian for the regular production of Empresses in the Palace, so Hengdian should not have the right to do the profit-making remake and performance of Empresses in the Palace. Cao Ping also added, "The elderly can be happy, which is something we would love to see. I think it is also necessary to take this opportunity to educate the public about the general knowledge of intellectual property rights of the work."

The SkyEye APP shows that the producer of The Legend of Zhen Huan, Dongyang Flower Film and Television Culture Co., Ltd. has a controlling shareholder in Le TV Network Information Technology (Beijing) Co.

l Lawyer: Adaptation and remake should be licensed

The Red Star News reporter also contacted a number of film and television filming companies in Hengdian, which all said they could customize the content of the show according to the customer's budget. "Scripts, costumes, props, venues can cooperate, such companies abound in Dongyang (the county-level city where Hengdian town is located) , ordinary people can come over at any time to shoot the film." A film and television studio personnel said, now to Hengdian to shoot a lot of ordinary people, each year to undertake a relatively large script there are two or three, the above-mentioned The Legend of Zhen Huan such micro-film shot quickly, each year to undertake more similar business. "Small episodes are generally budgeted between ¥100,000 and ¥200,000, you can come over at any time.We are responsible for all the projects, including the leasing of scenic spots, and we will all get it right for the customer."

It is understood that the filming of The Legend of Zhen Huan cost each aunt around ¥4,000 flat. The shooting took three days and two nights, and the cost included food, accommodation, travel, tickets to attractions, as well as the cost of the crew. In addition to the bridges in film and television productions, Hengdian microfilm shooting material is often adapted from dramas including "The Journey of Flowers", "The Legend of Mi Yue", "A Perfect Marriage" and "Nirvana in Fire".

In an interview with the media, Lei Zhen, partner and director of the intellectual property department of Shanghai Chaoxin Law Firm, argued that according to the relevant provisions of the Copyright Law, if the aunties only organize themselves to shoot the microfilm of The Legend of Zhen Huan out of hobby, the shooter does not make profit and the watcher does not pay, from the perspective of the aunties, this belongs to the category of free performance and should not constitute infringement in theory. As the filming by Hengdian Microfilm involves profit-making, whether it is an adaptation or a remake of the original play, the permission of the copyright owner should be obtained, otherwise it may constitute infringement, and whether the filming is publicly released only affects the consequences of the infringement.

Associate Professor of Law Liu Tingting pointed out that, like these retired aunties, many people only see that remakes are entertaining and fun enough, but do not see the infringement of copyright in such acts. In the spirit of the legislation, the "exemption" from copyright is strictly limited to "self-use" and "free of charge". However, microfilming experience is a profit-making business, and the organizer has to charge a certain fee for the experience, and the aunties' videos are even "enhanced" by online traffic, breaking the scope of application for personal study, research or appreciation, as well as teaching or scientific research, so they are not included in the statutory "exemption". It is not a statutory "exemption".

According to the report, it has been more than 10 years since the film was made for ordinary people in Hengdian, which set up a microfilm company in 2016 to engage in the business, and business has been booming ever since.

Liu Tingting believes that it is necessary to learn the Copyright Law from the companies and platforms concerned to the public, to distinguish between mass entertainment and infringement, and also to keep the nascent industry running on the track of the rule of law.

ZLWD Commentary：  

Commercial organisations are organising aunties to perform The Legend of Zhen Huan for profit by providing filming experience services, which clearly does not fall within the scope of fair use and is suspected to constitute copyright infringement. This requires legal awareness in many areas to raise the awareness of society as a whole to respect and protect intellectual property rights.

New regulations on supervising trademark agency released 

Recently, the Provisions on the Supervision and Administration of Trademark Agents (hereinafter referred to as the Provisions) were released, which is an important measure to resolutely implement the 20th CPC National Congress on "strengthening the protection of intellectual property rights under the rule of law" and an effective means to improve the management system of intellectual property agents and enhance the level of supervision and standardization.

The Provisions adhere to the problem-oriented approach, focusing on the current low entry threshold for the trademark agency industry, excessive and over-abundant agencies, irregular operation and management, uneven service standards and other prominent issues, further refining the regulations on agency personnel, management system and code of conduct, and improving the overall service quality and development level of the industry from the source. Establish and improve the trademark agency filing system, by perfecting the filing procedures, the agency that does not carry out business for a long time and occupies the industry resources should be cleaned up, and promote the formation of a benign development pattern of the industry. At the same time, in order to facilitate the filing of agencies, it is stipulated that trademark agencies shall not be required to repeatedly provide information that can be obtained through the government information sharing platform.

The Provisions further regulate the conduct of trademark agencies, stipulate the basic principles of engaging in trademark agency business, the obligations to be fulfilled and the disclosure of basic matters of the agency, require trademark agencies to establish a sound business management system and business file system, and strengthen the education of professional ethics and professional discipline of practitioners.

The Provisions have enriched the means of supervision, improved the mechanism of coordination and cooperation between market supervision departments and intellectual property management departments in terms of information sharing, notification of investigation and handling, business guidance, etc., and refined the relevant provisions on the supervision of trademark agencies.

The Provisions improve the legal liability for trademark agency violations and strengthen legal deterrence. The provisions have refined the illegal acts of trademark agency listed in the Trademark Law of the People's Republic of China and its implementing regulations to enhance operability. The illegal circumstances of engaging in trademark agency business through the Internet are clarified. It also stipulates the supervisory responsibilities of intellectual property management departments as well as the disciplinary requirements and accountability for personnel engaged in trademark registration and management.

The promulgation of the Provisions provides strong rule of law support for regulating the conduct of trademark agents, improving the quality of trademark agency services, promoting the healthy development of the trademark agency industry and creating a standardized, orderly, fair and competitive and vibrant trademark agency market environment.

The Provisions shall come into force on 1 December 2022. The State Market Regulatory Administration and the CNIPA will take the release and implementation of the Regulations as an opportunity to continuously strengthen the governance and supervision of the trademark agency industry, guide trademark agencies to operate in compliance with the law and regulations, promote the high-quality development of the trademark agency industry, and maintain a standardized and transparent, fair and just, clean and honest trademark registration management order.

ZLWD Commentary ：

The new Provisions on the Supervision and Administration of Trademark Agents has come into force since December 1, 2022. The issuance of the new regulations on the supervision of trademark agents is conducive to refining the management norms of trademark agents, enhancing the operability of handling illegal acts of trademark agents, and providing more standardized, clear and favorable support for the trademark agent market.

The CNIPA and the Ministry of Justice jointly issued a notice to promote the typical experience of the second batch of administrative rulings on national patent infringement disputes

Recently, the CNIPA and the department of justice jointly to around the intellectual property office, justice department (bureau) issued the CNIPA office of the general office of the second batch of national administrative award construction typical experience notice "(hereinafter referred to as the" notice "), promote Beijing, Hebei and other places in the construction of patent infringement dispute administrative ruling emerged 13 typical experience.

According to the notice, administrative protection is an important channel for China's intellectual property protection system, and administrative adjudication is an important form and content of intellectual property administrative protection. In recent years, the CPC Central Committee and The State Council have attached great importance to the administrative adjudication work in the field of intellectual property rights, and have made a series of important arrangements for strengthening and standardizing the administrative adjudication work of intellectual property infringement disputes. The CNIPA, the department of justice to earnestly implement the CPC Central Committee and the State Council decision deployment, given by the central overall functions to promote the intellectual property infringement dispute administrative ruling, completes the field of intellectual property administrative ruling top design, system perfect, overall deployment, pilot construction, improve intellectual property infringement dispute administrative ruling management system and management ability modernization level.

According to the notice, in accordance with the deployment requirements, local governments will take the administrative adjudication on intellectual property infringement disputes as an important starting point to strengthen the administrative protection and optimize the innovation environment and business environment of the intellectual property rights, constantly improve the administrative adjudication system, innovate the way of administrative adjudication disputes, and improve the level of administrative adjudication. In particular, Beijing, Shanghai, Liaoning, Anhui and other areas in the first and second batch of pilot standardization of administrative rulings on patent infringement disputes, made solid progress in the pilot tasks, and constantly resulted in the construction of administrative rulings, and achieved positive results. In February 2021, the CNIPA organized the collection of experience and practices in the construction of administrative rulings on patent infringement disputes, and jointly with the Ministry of Justice introduced 13 typical experience and practices in building administrative rulings to the whole country, playing a good demonstration and leading role at the provincial and municipal level. In January 2022, in order to further play a role of advanced typical demonstration leading organization, the CNIPA carried out the second batch of patent infringement disputes administrative award construction experience organization to submit the work, around the summary, submitted and recommended, based on the CNIPA jointly with the justice department selected a new batch of 13 national patent infringement disputes administrative award construction typical experience. This batch of experience practice practical, distinctive, practical work, operability, mainly from perfecting the system of administrative ruling, detailed administrative ruling procedures, improve the mechanism of administrative ruling, innovative administrative ruling work mode, strengthen the construction of administrative ruling ability, etc., formed can be copied, can promote, can draw lessons from experience.

The Notice clearly states that 13 typical experiences of national administrative adjudication construction of patent infringement disputes, including the pre-trial inquiry, written trial and court adjudication mode, were introduced to local governments. The notice requires that all localities should learn from it carefully, explore ways to form a local and actual mode of work in accordance with local conditions, and constantly improve the ability of administrative adjudication of patent infringement disputes. We should take the promotion of this typical experience as an opportunity to continue to increase our work efforts, and promote the standardized construction of the administrative adjudication of patent infringement disputes with high quality. To strengthen the responsibility to bear, vigorously promotes the work implementation, efforts to form innovation, than learn to catch up with the good situation, with a high level of administrative ruling work support intellectual property administrative protection ability, to implement the new development concept, build a new development pattern, promote the development of high quality to provide strong guarantee, contribute to the construction of intellectual property power.

Since 2020, the CNIPA and the Ministry of Justice have vigorously promoted the standardization of administrative adjudication on patent infringement disputes nationwide. Up to now, they have organized three batches of 23 provinces (autonomous regions and municipalities directly under the central government) to carry out the pilot construction of administrative adjudication. The second batch of administrative ruling in the release of the typical experience, marks the administrative ruling standardization construction work achievements, to further the implementation of the CPC Central Committee and the State Council on comprehensively strengthen the protection of intellectual property rights decision deployment, promote around to further improve the system of administrative award to strengthen the administrative ruling work is of great significance. In the next step, the CNIPA, together with relevant departments, will continue to coordinate the pilot work of the standardization of administrative adjudication on patent infringement disputes, strengthen work guidance, and promote local localities to improve the ability of patent infringement disputes.

ZLWD Commentary：   

Administrative protection as an important way of patent protection in our country, give play to the role of patent administrative protection is of great significance, promote the national patent infringement dispute administrative ruling construction typical experience, assist all over the country learn excellent experience, make patent administrative protection to play a bigger role faster.

Import Expo Seals Big Deals, Bright Future

Combined intent transactions over the span of a year amassed 73.52 billion USD, up 3.9% compared to the previous edition. Over 2,800 companies from 127 countries and regions attended the business exhibition. A record-high 438 new products/technologies/services made their global debut. The Fifth China International Import Expo (CIIE) drew to an end at the National Exhibition and Convention Center (NECC) Shanghai on November 10, accomplishing the set objectives with flying colors and exhibiting the charisma of the Chinese market and the country's determination on opening up to the world.

As the first national-level exhibition dedicated to export, the CIIE has become a gathering of global good stuff in the past five years with high-level opening-up, a window for China to construct a new development scheme, a platform for advancing high-level opening-up, an international public product for the entire globe to share, evolving the big Chinese market into a grand opportunity for the entire world.

Chinese government deserves a ton of credit in growing the CIIE into a booming force gathering global opening-up and cooperation with its actions in continued heightening of IPR protection and refinement of the climate for doing business. Highlights could be found all over this year's event with high-profile cutting-edge innovations, world-renowned brands, attractive traditional handicrafts known as intangible cultural heritage and potent on-site IPR services, injecting vigor for constantly boosting the country's high-level opening-up.

Friend network growing big

The number of Fortune 500 companies attending the business exhibiton hit 284, higher than the previous edition, and 90% were repeat patrons. The online country exhibition of the expo showcased products of 69 countries/international organizations, up 13%. It is not difficult to see with 145 countries, regions and international organizations in attendance, this year's friend network of CIIE is growing bigger along with more international influences.

New friends vie for spotlight while old friends keep giving warm appraisals. Numbers of attending countries and companies are not the only things on the rise, so do contents of exhibits and quality of products. Business exhibition's six themed areas like the ones for Food and Agricultural Products and Automobile displayed several hundreds of new products/technologies/services including consumer and agricultural products focusing on people's wellbeing, and top-notch medical and tech equipment laden with latest innovations.

Harsher protection

CIIE's door has been opening wider and wider in the past five years while IPR protection has become harsher and harsher. Laws and policies and government actions based on them have been instrumental for the success of the past events.

The Standing Committee of Shanghai People's Congress, on September 22, approved the Regulations on Shanghai Serving the CIIE, mentioning "Shanghai shall bolster IPR protection for the CIIE, facilitate global debut of new products/technologies/services." Following these instructions, Shanghai IP authority along with the event organizer established a protection and service desk during the event, staffed the desk, organized IPR consultation and handled IPR infringement complaints.

With the close escort of IPR, the future of the CIIE is going to be brighter, exhibiting China's confidence in refining the climate for doing business and determination for expanding opening-up. In this new era, China, with unwavering faith, is determined to create a better future for the mankind with countries around the world.

ZLWD Commentary :

China's progress and achievements in intellectual property protection have been well received by members attending the CIIE. China has made great achievements in emerging technologies such as artificial intelligence, blockchain and digital economy. China has made its own contribution to global intellectual property protection.

The Tianjin Intellectual Property Court held a trial on 40 cases of copyright infringement disputes at the same time

Recently, the Tianjin Intellectual Property Court applied the one-time sole office system to hold a one-time trial of 40 cases of copyright infringement dispute between a magazine limited company and a cultural communication limited company in Tianjin. After the trial, both parties highly recognized the efficient and fast independent trial system.

Since this year, the court, as the reform pilot department of the Municipal Third Middle Court, has actively implemented and improved the working mechanism of the second instance independence system, implemented precise case division, fine strength, fine check, to ensure the flexible and efficient matching between the trial organization and case types and trial procedures, and promoted the quality and efficiency of independent cases of the second instance.

1. Accurately identify cases

Strictly grasp the applicable conditions of the second independent system, adopt "list + approval" screening rules, according to the characteristics of the production court case, delimit the sole cases, applicable to the court of first instance of summary procedure case, such as information network transmission infringement type of high case focus, and on the premise of conform to the law, gradually expand the scope of applicable type. At the same time, the cases that decide to apply the independence system are submitted to the chief judge for examination and approval to ensure that the primary links of screening cases are checked and checked, standardized and orderly.

2. Arrange the lean strength

Using the principle of "strong and strong combination + complementary advantages", all young judges and auxiliary trial personnel are selected to form the second instance copyright trial team, and each member will complete the case trial, fact determination and the production and issuance of documents independently, deeply tapping the trial potential and laying a solid human foundation for the independent tenure system trial.

3. Strengthen institutional guarantee

Formulate the trial process and task list of the independent case system, refine each time node, determine the responsibilities and tasks of various personnel, clarify the conversion standards and work process of "independent transfer", and ensure the smooth, authoritative and efficient operation of the mechanism.

In the past three months, the application rate of the second instance independent tenure system of the court reached 29.7%, realizing the separation of complicated and simple second instance cases, and the quick trial. In the next step, on the basis of the preliminary work, Tianjin No.3 Middle School Court will further improve the screening mechanism, optimize the trial resources, summarize the pilot experience, and steadily promote the application of the sole appointment of the second instance system.

ZLWD Commentary： 

The second instance independence system is conducive to improving trial efficiency, optimizing trial resources, and the use of the second instance independence system in the field of intellectual property is conducive to the efficient handling of intellectual property infringement cases, which not only protects intellectual property rights, but also saves trial resources, which is worth promoting.

CNIPA Organizes Bio-health IP Seminar with Danish Partners

Recently, the China National Intellectual Property Administration (CNIPA), together with Danish Patent and Trademark Office (DPTO) and the Embassy of the Kingdom of Denmark to China, held a bioscience and health IP seminar in both online and offline way. The event was addressed by CNIPA Commissioner Shen Changyu, Danish Ambassador H.E. Thomas Østrup Møller and DPTO Director General Sune Stampe Sørensen.

Shen briefed on China's experience and practice in refining IP protection norms and boosting innovative development of the pharmaceutical industry. He proposed countries should enhance cooperation, under the new circumstances, take on challenges together and facilitate IP protection to better serve innovations. China is willing to expand cooperation range with Danish partners to advance win-win IP cooperation, contribute to development of the two countries and wellbeing of the two peoples.

Møller said the seminar functions as a platform for both sides to compare notes and share experience in IP issues. CNIPA and DPTO have been keeping a close tie for many years with palpable rewards reaped.

Sørensen noted IP protection is crucial for introduction of investment and company innovation. The two sides are expected to know each other better with the seminar, which will eventually benefit companies of the two countries.

At the seminar, CNIPA and DPTO experts spoke on IP strategies of the two countries, the fourth amendment of the Patent Law, early resolution mechanism for pharmaceutical patent disputes, patent invalidation and other subjects. Industry representatives from the two countries also shared wisdom with the experts on issues of their interest.

ZLWD Commentary：

China and Denmark took this opportunity of the seminar to exchange the IP development status of the two countries, share their experience in terms of IPR protection, strengthen the bilateral cooperation on intellectual property rights, deepen the understanding of the two countries, and bring the fruits of IPR protection to the enterprises of the two countries.

China to Build up More GI Protection Demonstration Areas

29! That is the number of national GI (geographical indication) protection demonstration areas (GI areas) to be set up in the next three years, according to a 2022 list announced in October by the China National Intellectual Property Administration (CNIPA).

Construction of the GI areas is an effective tool for China to further refine its GI protection system and control the quality of GIs. In February 2021, CNIPA enacted the Measures on Administration of the Construction of the Geographical Indication Protection Demonstration Areas (Trial), offering clear guidance to the construction. In October 2021, in the 14th Five-Year National Plan for IP Protection and Application, the State Council mandated the completion of 100 GI areas during the 14th five-year period.

"As of now, China has set up 103 GI areas," a CNIPA principal in charge of the IP protection department introduces that such construction may not only ensure quality control of GI products and give them a competitive edge on the market, but also bring the entire supply chain on board, both upstream and downstream sectors, and boost the economy of relevant regions.

ZLWD Commentary：   

Promoting the construction of national demonstration zones for the protection of geographical indication products is conducive to strengthening the protection of geographical indications, deepening the reform of geographical indication management, and promoting high-level protection, high-standard management, and high-quality development of geographical indications.

Paris Exhibition Promotes Cultural Ties Between China and France

An art exhibition named Kisses from Beijing kicked off at the Guimet Museum in Paris recently, bringing together 20 Chinese and French artists and their works to show one facet of the exchanges between the two countries. Most of the artists involved in the exhibition have previously won the Yishu 8 Contemporary Art Prize. The exhibition is set to run until February 2023. According to the host, the exhibition is part of cultural activities that make it possible to establish a bridge between the Western contemporary spirit and Chinese tradition.

The museum has one of the world's richest collections of Asian art, and the Chinese section contains about 20,000 objects, covering 7,000 years of Chinese art from the origins of the civilization to around the 18th century.

ZLWD Commentary： 

Cultural exchanges are an important part of China-France relations. In today's increasingly chaotic international situation, exchanges among civilizations, especially exchanges between works of art, have a unique power that transcends differences and transcends time.

本文由粤港澳大湾区经济与法律发展研究中心与中伦文德知识产权与信息技术专业委员会

共同编制，仅供参考。

编委：林威、鄧澍焙、周力思、邓瑜、

李宇明、陈功、宁宁、刘昭、苏晓芸

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Editorial Board: Wei LIN，Simon TANG，LisiZHOU，YuDENG，YumingLI，Gong CHEN，Ning NING，Zhao LIU，Xiaoyun Su

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