International IP/IT Review April 2023

Date and time :2023-05-10


“Well-known Trademark BrandEvaluation Standards”(group standard) released

On March 22, the Chinese Trademark Association, the National Patent Agent Association, Renmin University, China Institute of Information Resources Management, China Consumer Newspaper, China Famous Brand magazine, China Wine Industry Association and ten more scientific research institutes, industry associations, professional institutions, news media, jointly drafted the Well-known Trademark Brand Evaluation Standards (the "Standards") officially released.

01 The meaning of the Standards

The Standards will play an positive role in promoting the implementation of trademark brand building project, promoting the trademark of industrial brands such as new agriculture, advanced manufacturing industry and modern service industry, and cultivating well-known trademark brands with market competitiveness and international influence.

02 Stipulation of the Standards

This document defines the concept of well-known trademark brand, takes the brand trademark of the product/service associated with the registered brand as the evaluation object, and takes the legal matters of the trademark brand carrier, the competitiveness and influence of the trademark brand, and the relevant management activities organized as the evaluation content, to standardize the evaluation activities of well-known trademark brand.

ZLWD Commentary:

The implementation of the Standards shows that the relevant institutions and enterprises in China are actively promoting the construction of trademark brands and promoting the implementation of trademark brand construction projects. Meanwhile, the formulation and implementation of the Standards will help to standardize the evaluation activities of well-known trademark brands, and promote the scientific evaluation and sustainable development of trademark brands.

Baidu and Beijing Quantum Institute launched the Quantum Computing Industry Intellectual Property Alliance

On March 23, led by Baidu and the Beijing Research Institute of Quantum Information Science, China's first "Quantum Computing Industry Intellectual Property Alliance" was officially established. The first batch of members has a total of 8 units, covering the whole industry chain from quantum hardware, including superconductivity, ion trap, optical quantum, quantum computing, quantum software and quantum applications. The alliance will build a strong moat for the development of China's quantum intellectual property, promote the cultivation of high-value patent, patent cross-licensing, innovation subjects to industry standards, and layout to the key quantum patent fields, so as to lead the efficient development of the entire quantum industry.

The NIPA, Beijing Science and Technology Commission, Zhongguancun Management Committee, Beijing Intellectual Property Office and other units attended the ceremony and made speeches. Lei Xiaoyun, director of the Intellectual Property Application Promotion Department of the State Intellectual Property Office, said that intellectual property, as the core carrier of achievements transformation, an important link of collaborative innovation and a key barrier of independent and controllable development, is very indispensable for the development of quantum technology.

Baidu and Beijing Quantum Institute delivered a welcome speech. Cui Lingling, general manager of the patent affairs Department of Baidu Group, mentioned that the quantum computing industry intellectual property alliance and the patent pool have built a new platform to gather industrial consensus, promote the transformation and application of patents, and promote the collaborative innovation of the quantum industry. Long Guilu, vice president of Beijing Quantum Institute, said that the protection and utilization of intellectual property rights is a crucial link in the development of quantum computing technology, especially an indispensable foundation for the future industry.

As the domestic quantum computing industry first intellectual property alliance organization, alliance structure clear, by the Beijing intellectual property office of the guiding unit, baidu, Beijing quantum courtyard, director of the unit, other founding members including China mail tunnels, China mobile, quantum, bose quantum, HuaYi quantum, Beijing intellectual property operation management co., LTD., as a consultant unit. The alliance has also set up four working groups, including the Standards and Intellectual Property Working Group, and established the first "quantum computing patent pool" in China.

The importance of the patent pool is self-evident and fills the gap in the industry. Due to the late start in the quantum field in China, most research institutions and enterprises still have a certain gap in the number of quantum patent applications and grants compared with their international counterparts. The establishment of the patent pool, on the one hand, can build a cooperation bridge for the alliance members, so as to promote the formulation of quantum industry industry standards and the layout of the necessary patent standards. On the other hand, it can also enable the alliance members to make a unified voice through the patent pool and build an intellectual property environment conducive to the healthy development of quantum computing industry.

In the future, the patent pool will focus on a large number of 7 sub-industries, such as quantum measurement and control, quantum security and encryption, quantum architecture and software, quantum error correction, and quantum algorithm and application.

Based in Beijing, the alliance is an important quantum industry innovation center and strategic highland in China, with obvious advantages. The number of invention patent applications in the quantum field in Beijing ranks first in China, while the total number of invention patent applications in the quantum field accounts for 70% in Beijing. Now the alliance patent pool has gathered dozens of quantum patents, which are open to alliance members.

Xu Hongqi, chairman of the Alliance and executive director of quantum computing of Beijing Quantum Institute, stressed that quantum information technology has the characteristics of high threshold, high investment, high risk, but also high return. The computing power of a quantum computer with 100 logical qubits is greater than the computing power of all classical computers in the world. More than 40 countries in the world have developed the top-level quantum strategy, and the competition is very fierce.

Duan Runyao, chairman of the Alliance and director of Baidu Quantum Computing Research Institute, said on the spot: " Quantum technology has ushered in a golden period of development in recent years. In China's 14th Five-Year Plan and the Outline of the Vision goal for 2035, quantum information technology has become one of the three carriages that need priority development. Today, the establishment of the Alliance will help quantum-related enterprises in Beijing to further lead the breakthrough of key basic technologies, promote the construction of industrial standardization, and promote the cultivation of innovative talents.”

The establishment of the alliance marks the initial formation of the core "circle of friends" of China's quantum industry. At the same time, it also once again strengthens the development cohesion of quantum technology in Beijing, and helps the independence and self-reliance of science and technology.

As one of the sponsors of the alliance, Baidu has been working in the field of quantum intellectual property for a long time. According to Duan, Baidu Quantum Computing Research Institute has applied for more than 210 high-quality patents, covering popular research directions such as quantum algorithms and applications, quantum communication and networks. In 2021, Baidu Quantum patent quality (High-value Patent and Innovation Driving force) ranked first in the Analysis Report on High-Value Patent and Innovation Driving Force of AI released by the Ministry of Industry and Information Technology and the Electronic Intellectual Property Center in China.

Baidu has always attached great importance to the industrialization development of quantum computing. In 2022, Baidu officially released the highly integrated industry-level superconducting quantum computer, and also released the world's first full-platform quantum software and hardware integration solution, providing a feasible path for the implementation of quantum computing industry.

ZLWD Commentary:

The establishment of the first intellectual property alliance of quantum computing industry is an important step for the high-quality development of China's quantum computing industry. The establishment of the alliance can promote the intellectual property protection, standardization construction and efficient development of the quantum computing industry, and provide strong support for the rise of China's quantum computing industry.

The implementation plan for the administrative protection of intellectual property rights in 2023 has been issued and promoted for the administrative protection of intellectual property rights nationwide

According to the work deployment arrangement, a few days ago, the 31 provinces (autonomous regions and municipalities) and the Xinjiang production and construction corps in 2023 the intellectual property office of the intellectual property administrative protection work plan, within their respective jurisdictions overall arrangement, careful deployment of the administrative protection of intellectual property rights administrative work task, the national intellectual property administrative protection upper and lower linkage, with power, integration.

In accordance with the four main tasks outlined in the 2023 National Work Plan for Intellectual Property Administrative Protection, local governments have innovated ways and methods, and introduced new policies and measures for intellectual property administrative protection in light of the actual work. First, we will focus on strengthening the policies and regulations for administrative protection. Heilongjiang, Sichuan, Shaanxi provinces and other provinces have accelerated the formulation of regulations on the promotion and protection of intellectual property rights. Guizhou has studied and formulated guidelines on trademark and patent law enforcement in Guizhou province. Chongqing explored the formulation of law enforcement guidelines on IPR protection in Sichuan and Chongqing. By promoting the construction of a hierarchical law enforcement guidance work system, Jilin strengthens the business guidance of intellectual property law enforcement and case handling. Zhejiang formulated and promulgated the Measures of Zhejiang Province for Administrative Ruling and Enforcement of Intellectual Property (Trial) and the Measures of Zhejiang Province for Credit Classification and Classification in the Field of Intellectual Property (Trial). Gansu province issued the Regulations for Handling the Administrative Adjudication of Patent Tort Disputes in Gansu Province. Second, we will lay a solid foundation for administrative protection work. Beijing, Guangdong and other provinces have steadily delegated the power of administrative adjudication. Hebei further promoted the "May 421" work method, further unblocked the channels of case acceptance, and widened the clues of case sources. Relying on Jinan Trademark Examination Cooperation Center, Shandong has established and improved the key monitoring mechanism for clues of malicious trademark registration. Hubei province issued the List of Hubei Province Advantage Trademark (the third batch) to provide guidance and service for the whole chain of management, application and protection. Inner Mongolia has strengthened the key protection of Albas goat meat and Zhalantun black fungus, which have been selected as geographical indication protection products in China and Europe. Heilongjiang, Ningxia, Tibet and other provinces launched special campaigns to protect the right to use geographical indications. Third, we will strengthen the protection of key links and key areas. Anhui has issued overseas intellectual property early warning information, and organized the implementation of overseas risk early warning projects. Hubei province, together with relevant units, will hold special activities on overseas intellectual property protection in optoelectronics, biomedicine, automobiles and other fields. Shanghai has continued to strengthen the protection of key areas such as live streaming with goods and wechat business. Guangdong, Hainan, Shanghai and other places have strengthened the order of intellectual property protection at large-scale exhibitions such as the Canton Fair, the Consumer Expo and the International Import Expo. The Xinjiang Production and Construction Corps has strengthened the administrative protection of intellectual property rights in its pillar industries, including cotton, textile, agricultural machinery manufacturing, water-saving irrigation, dairy products, meat products, wine and agricultural products. Fourth, we will focus on improving the working mechanism for administrative protection. Jiangsu has further improved the regional intellectual property protection cooperation mechanism in the Yangtze River Delta and 12 provinces and cities, and promoted the construction of the cooperation mechanism for intellectual property law enforcement and execution with public security, market supervision and other departments. Shanxi has deepened inter-regional cooperation in ipr protection among five provinces in North China, six provinces in central China, and nine provinces and autonomous regions in the Yellow River Basin. Zhejiang has fully applied the "Zhejiang geographical indication" digital system. Shandong has carried out intelligent detection of intellectual property rights infringement and counterfeiting clues. Tianjin has promoted the establishment of the Binhai New Area with high standards. Beijing, Zhejiang, Hunan and other provinces encouraged counties and districts where conditions were ripe to take the lead in launching trials to standardize administrative rulings. Tianjin, Jiangsu and other places have optimized the training system and organized training on administrative law enforcement to improve the law enforcement ability of patent and trademark administrative law enforcement personnel.

For the next step, the NIPA will continue to guide around the mark on the table, compaction territorial responsibility, timely investigation and study, field supervision, promote to carry out the ground each task, give full play to the administrative protection in the intellectual property chain protection function, started the administrative protection of intellectual property rights brand, improving intellectual property protection ability, to optimize the innovation environment and business environment, promote the development of economic quality to provide strong support.

ZLWD Commentary:

The implementation of intellectual property protection according to the different characteristics and advantages of local governments reflects the importance that local governments attach to intellectual property protection, which is conducive to promoting economic development, improving the innovation enthusiasm of enterprises, and promoting technological innovation and the accumulation of intellectual property rights.

The Measures for the Administration of Credit Evaluation of Patent Agents have been issued

For further implement the construction of intellectual property power outline (2021-2035) the difference "national intellectual property protection and use of planning about the implementation of intellectual property service industry classification evaluation, strengthen the management of patent agency credit evaluation decision deployment, improve the patent agency credit supervision mechanism, further strengthen patent agency supervision, effectively maintain the order of the patent agency industry, recently, the NIPA issued by the patent agency credit evaluation management method (trial)" (hereinafter referred to as the "method").

The Measures consists of five chapters and 20 articles. The first chapter is the general provisions, clarifying the formulation basis, basic concepts, competent departments and other information. Chapter II is credit rating evaluation. According to the requirements of the State Council on the implementation of classification management of credit supervision, define grade standards, including A, B, C and D, and add bonus points and A + grade for honor and rewards, and specify the rules of credit information source, scoring period and scoring method. The third chapter is the publicity, inquiry, objection and repair of credit information, which clarifies the ways of credit information publicity and inquiry, and stipulates the rules of credit repair and objection application. The fourth chapter is the application of the results, which clarifies the classified services and regulatory measures that will be implemented according to the credit evaluation results. Chapter five is the supplementary provisions, which stipulate the interpretation department and the trial time, etc.

Next, the NIPA will guide the strictly implement the "method", strengthen the patent agency industry credit evaluation results, promote credit fu can regulatory effect, effectively promote the healthy development of the patent agency industry, to stimulate the whole society innovation vitality, promote the development of economic quality to provide better quality intellectual property services.

ZLWD Commentary:

The Administrative Measures for Credit Evaluation of Patent Agents (Trial) issued by the NIPA is an important policy measure, aiming to strengthen the supervision of the patent agency industry, improve the service level of the industry and promote the healthy development of the industry.

CNIPA and INPI Hold 33rd Meeting of China-France Mixed Committee on IPRs in Beijing

The 33rd Meeting of the China-France Mixed Committee on Intellectual Property Rights was held in Beijing on April 6 with the attendance of Shen Changyu, Commissioner of the China National Intellectual Property Administration (CNIPA) and Pascal Faure, Director General of the National Institute of Industrial Property (INPI) of France.

Shen said that China and France are both major world economies with extensive common interests in IP and other fields. In recent years, both sides have promoted efficient and practical cooperation and made marked achievements in patents, trademarks and geographical indications. During French President Emmanuel Macron’s visit to China, the CNIPA and the INPI would sign a memorandum of cooperation for the Patent prosecution highway (PPH) pilot program witnessed by the two leaders, which would be another landmark achievement in IP of the two countries. The CNIPA is willing to work with the INPI to implement the consensus reached by the leaders of China and France, further deepen the development of bilateral IP cooperation, and provide more efficient and convenient services to both innovators.

Faure appreciated what China had achieved in IP. He said that France has rich experience in IP legislation, trademark and patent examination. The conclusion of the memorandum is significant for our two offices to deepen the IP cooperation. The INPI would like to take advantage of the signing of the memorandum to further strengthen friendly exchanges with the CNIPA and enhance communication particularly in IP legislation and protection of geographical indications to elevate bilateral cooperation to a new level.

CNIPA principals responsible for the International Cooperation Department, and Department of Treaty and Law also attended the meeting.(Translated from CNIPA Website Chinese Version)

ZLWD Commentary:

The convening of the China-France Intellectual Property Mixed Committee has strengthened the cooperation and exchanges between China and France in the field of intellectual property, promoted the formulation and implementation of intellectual property policies of both sides, and provided new opportunities and new platforms for china-France innovation cooperation and global intellectual property cooperation, which is of certain positive significance.

Google suffered another antitrust blow: fined 42.1 billion won for cracking on local rivals in South Korea

South Korea fined Alphabet's Google 42.1 billion won ($32 million) for using its influence in the mobile app market to exclude local rivals.

South Korea's Fair Trade Commission (KFTC) said on Tuesday that Google is trying to block growth from its South Korean platform rival One Store. Google allegedly asked some Korean game companies, including NCSoft Corp. and Netmarble Corp., as well as smaller and Chinese companies, to release their new games exclusively on Google's Play Store, in return for promoting their games overseas and providing further support.

KFTC said Google's games on the home page were seen as key to successful Korean game companies expanding overseas because many of their games are poorly known overseas.

Google, which controls about three-quarters of the country's mobile app market, denies offering benefits to developers who only put apps on Google Play.

A Google spokesman said in a statement: " There is no violation."He added that Google is an open platform for developers to control how they distribute apps."Google has invested a lot into success for developers, and we don't agree with KFTC's conclusion.”

KFTC said Google began offering conditional offers when One Store opened in Korea in June 2016 and continued until April 2018. The behavior blocked One Store's ability to attract new games and reduced sales, while Google's revenue increased by about 1.8 trillion won.

Faced with growing allegations of anticompetitive behavior around the world, Google has argued that, unlike Apple, it won't prevent other app stores from competing on its platform. Google says it leads users to apps in its Play Store because that's where it can provide the best security and oversight.

Google is understood to face various antitrust charges outside the US, including fines and lawsuits in India and the UK over the past few months.

KFTC's antitrust chief Yu Seong Wook said at a news conference that Google's "behavior is different from a normal marketing campaign.""Google's intention is to exclude One Store from the market because it sees One Store as a strong competitor.”

The KFTC asked Google to establish an internal oversight system and report subsequent information to the agency.

KFTC said that more than 90 percent of Google Play Store and One Store sales in South Korea come from game sales. Between 2014 and 2019, Google accounted for about 80 percent to 95 percent of the mobile Android app market in South Korea.

One Store Is a local platform created by three South Korean telecommunications companies —— SK Telecom Co., KT Corp. and LG Uplus Corp. and Internet company Naver Corp. Hyun-Joon Hwang, an analyst at DB Financial Investments, said One Store is preparing for an initial public offering (IPO) and seeking an valuation of $833 million.

ZLWD Commentary:

The case reflects the Google’s competitiveness and influence in South Korea and in the global mobile application market competitiveness, Google using its global influence, require South Korean game companies on Google Play Store exclusive release their new game, in return, Google promote their games  overseas and provide further support constitute a monopoly behavior.

The Supreme People's Court released the top ten intellectual property cases and 50 typical intellectual property cases in Chinese courts in 2022

On April 20, 2023, the Supreme People's Court released the top ten intellectual property cases and 50 typical intellectual property cases in Chinese courts in 2022. The top ten intellectual property cases include copyright infringement disputes related to the "Big Head Son" cartoon, patent linkage disputes related to pharmaceuticals, abuse of market dominance by public utilities in water supply and drainage with limited trading, trademark infringement disputes related to "Sichuan Pepper," unfair competition disputes related to interference with search engines, NFT digital copyright infringement cases related to "Panghu Vaccinated," administrative punishment and administrative reconsideration cases related to the "Longjing Tea" trademark, temporary protection period usage fee disputes related to the "Du Mi 5" new plant variety, unfair competition disputes related to the production of fake social software screenshots, and criminal cases of registration trademark forgery committed by Luo Mouzhou and Ma Mouhua. These cases involve multiple fields, such as medicine, catering, and Internet enterprises. The 50 typical intellectual property cases cover civil, administrative, and criminal intellectual property cases.

ZLWD Commentary:

The top ten intellectual property cases and 50 typical intellectual property cases cover multiple fields, such as medicine, catering, and Internet enterprises, providing references for similar cases. It is of great significance for the people's courts to fully exert their judicial functions, comprehensively strengthen the judicial protection of intellectual property, and promote the high-quality development of intellectual property protection.