The NIPA carried out research on the revision of the Trademark Law and its implementation regulations

Recently, Liao Tao, deputy director of the NIPA carried out research on trademark law its implementing regulations, during which held a seminar, and went to the Central University of Finance and Economics, the All-China Lawyers Association, Chongqing Municipal field visits and talks and exchanges, listen to the relevant person in charge of local Intellectual Property Office, experts, scholars, enterprises and representatives of intellectual property agency's views and suggestions.

Liao Tao stated that amending the Trademark Law is an important initiative to implement the spirit of the important instructions of Chairman Xi and the major decisions and deployments of the CPC Central Committee. He stressed that the improvement of the trademark legal system should use systematic thinking to enhance coordination, adhere to the problem-oriented focus on practicality, comply with the laws of economic and social development to reflect the forward-looking, but also to play the decisive role of the market and the role of the government's regulation, and strive for the formation of a mature draft.

Officers of the relevant departments from the NIPA and bureaus to participate in the research, the law departments will further improve the revised draft, and actively promote the legislative process.

ZLWD Commentary：

The NIPA carries out a thematic research on the revision of the Trademark Law and its implementing regulations, which reflects the importance that the NIPA attaches to the Trademark Law, and the results of the research will help to promote the reform and improvement of China's trademark system, which can provide enterprises with a better business environment and promote the development of enterprise innovation. Meanwhile, it will also help to build a fair and competitive market order, and to protect the rights and interests of consumers.

The NIPA launched a pilot project to build with standardized IP public services

In order to implement the State Council's guidance on accelerating the standardisation, standardisation and facilitation of government services, the Office of the State Intellectual Property Office (SIPO) has recently issued the Notice on the Pilot Work for the Construction of Cities for the Standardisation of Intellectual Property Rights Public Services, and decided to carry out a one-year pilot work for the construction of cities for the standardisation of intellectual property rights public services in nine cities, namely, Beijing, Shanghai, Guangzhou, Shenzhen, Changchun, Hangzhou, Changsha, Kunming, and Suzhou. The State Intellectual Property Office (SIPO) will guide the pilot cities in the construction of standardised IP public services.

The State Intellectual Property Office will guide the pilot cities to carry out practical exploration around the standardisation and facilitation of intellectual property public services, comprehensively enhance the effectiveness of intellectual property public services, promote the realisation of unified public service standards, online and offline service synergies, interconnection and sharing of data and information, balanced development of regional public services, to better meet the needs of innovation and development and public demand, and to form a replicable and scalable experience and practice for the benefit of a wider community. It will form replicable and extendable experiences and practices, and provide practical experience for promoting the universality and accessibility of intellectual property public services on a wider scale, and continuously optimising the innovation environment and the business environment.

ZLWD Commentary：

By guiding pilot cities in their practical exploration, the State Intellectual Property Office will promote the standardisation and normalisation of intellectual property public services, making them more convenient and efficient. At the same time, by unifying public service standards, synergising online and offline services, sharing data and information and balancing the development of regional public services, the initiative will better meet the needs of innovation and development.

The European Patent Bureau Appeal Board found the latter patent invalid in Oppo v. Nokia

The latest development in the ongoing battle between Nokia and Oppo has been played out at the EPO Boards of Appeal. Following each company experiencing wins in national courts over the past year, this time Oppo succeeded in invalidating one of Nokia's core patents at the EPO.

The game of cat and mouse continues. In June, Nokia succeeded in obtaining a bench judgment, at the Regional Court Mannheim, which rejected an infringement case brought by Oppo against Nokia. Now the European Patent Office’s Boards of Appeal have invalidated an important Nokia patent following an opposition hearing consisting of various opponents including Oppo, TomTom, Continental, Robert Bosch and Vivo.

For the 3G standard

The Boards of Appeal proceedings concerned Nokia’s patent EP 2 087 626, which relates to adaptive modulation in a 3G network. In particular, it discloses additional modulation information signalling for high-speed downlink packet access. However, the Boards of Appeal invalidated the patent based on a lack of novelty, concluding the patent could not claim priority over the application on which it was based.

Now litigation concerning EP 626 is over in all jurisdictions in which Nokia had enforced the patent, including Germany, the UK and the Netherlands. Overall, ten infringement proceedings are impacted.

Previously, the Finnish company had asserted 15 patents across Germany against Oppo, and three against Vivo – including the current patent in question. The ruling is of special interest to various automotive manufacturers, given that Nokia previously asserted the same patent against Daimler as one of ten patents-in-suit. However, in 2021, the two companies negotiated a licence agreement, ending one of the hardest-fought connected car patent battles in Germany.

An important patent

EP 626 has also been subject to multiple previous infringement proceedings brought by Nokia against competitors. For example, in April 2023, the Regional Court Mannheim confirmed that Chinese smartphone vendor Vivo infringed three standard essential patents, including EP 626. This resulted in Vivo also exiting the German market. Nokia also asserted the same patent against Oppo and OnePlus, in a hearing held on 3 March at the Regional Court Mannheim.

At the end of 2022, the UK Supreme Court rejected permission for Oppo to further appeal in a jurisdictional challenge, leading to a clearer path for infringement and nullity proceedings brought by Nokia to proceed. EP 626 was one of three patents involved in the UK proceedings, alongside EP 2 070 217 and EP 2 981 103. In January 2023,  the High Court of Justice in London found that Oppo infringed valid and essential patent EP 103, which is also subject to proceedings in Germany.

Decision in Mannheim

On the other hand, prior to last week’s Boards of Appeal decision, the Regional Court Mannheim issued a bench judgment, rejecting Oppo’s accusations that Nokia infringed the Oppo patent EP 3 672 346 B1, which pertains to the 4G and 5G standards. It is one of eight patents subject to a defensive action by Oppo against Nokia, while the bench judgment – which the judges handed down on the same day of the hearing – is extremely rare in Germany.

Nokia commenced litigation against Oppo in 2021, after the terms of a licensing agreement between the company and Oppo could not be renewed. Both companies have since launched offensive and defensive attacks against each other in Germany and across Europe.

However, Nokia is also demonstrating that it can reach agreements with competitors. Earlier this month, Nokia and Apple signed a new licence agreement starting from January 2024. This is an extension of a previous agreement, which is set to expire at the end of this year. Under the agreement, which covers Nokia’s 5G inventions as well as other technologies, Apple will make payments to Nokia. However, both companies are keeping the terms confidential.

ZLWD Commentary:

The Appeal board of the European Patent Office has issued a ruling that invalidates one of Nokia's core patents. The ruling is a success for oppo, the dispute between Nokia and oppo is ongoing in the courts of various countries, who wins and who loses has not yet been finalised, which undoubtedly also reflects the complexity of the patent dispute.

The NIPA has identified the second batch of pilot areas for the rapid handling of intellectual property disputes

In order to effectively improve the satisfaction and sense of gain of intellectual property protection of innovation subjects and business entities, and effectively improve the efficiency of intellectual property rights protection, the NIPA, on the basis of the first batch of rapid handling of intellectual property disputes, further expanded the pilot scope, Hebei, Inner Mongolia, Heilongjiang, Fujian, Gansu, Xiamen, Shenyang, Nantong, Xuzhou, Hangzhou, Wenzhou, Xiamen, Quanzhou, Ganzhou, Jingdezhen, Dongying, Karamay, Haining, Wenling, Tongxiang, Yunhe, Anji 12 cities and 5 counties as the second batch of pilot areas.

The pilot project for rapid handling of intellectual property disputes was launched in June 2022, with 28 pilot areas in 16 cities and 3 counties in 9 provinces. Since the launch of the pilot work, the pilot areas have taken business standardization and procedure standardization, given full play to the advantages of professional talents and resource convergence of the national intellectual property protection center and rapid rights protection center, promoted the efficient connection of multiple departments and links, and upgraded from "single track" to "multi-track". A number of pilot areas have explored full use of digital and information technology, strengthen online and offline linkage, and effectively improve the efficiency of dispute settlement. Up to now, more than 4,000 cases of intellectual property infringement disputes have been quickly handled quickly, and the average handling period has been reduced by more than 50% compared with the legal time limit.

Next, the NIPA will continue to deepen the dispute rapid processing mechanism, strengthen support for pilot areas, timely summarizes the experience of promotion, explore the dispute rapid handling long-term mechanism, better meet the demand of the public and innovation subject of intellectual property protection, better adapt to the needs of high quality development.

ZLWD Commentary:

The NIPA has identified the second batch of pilot regions for rapid processing of intellectual property disputes to strengthen the support for rapid processing of intellectual property disputes by optimising the mechanism, to further promote the promotion and application of the mechanism for rapid processing of disputes, and to form a more perfect and mature mechanism for the protection of intellectual property rights around the world, so as to provide better services for the main bodies of innovation and the general public.

First China-Central Asia Heads of Intellectual Property Office Meeting Held

The First PRC-Central Asia Heads of Intellectual Property Office Meeting was held in XJ, on July 24. Shen Changyu, Commissioner of the PRC National Intellectual Property Administration (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 World Intellectual Property Organization (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 to affirm commitment to the vision and consensus of China and Central Asian countries to bolster mutual trust, strengthen mutual learning and promote the development of the participating countries' IP systems through pragmatic cooperation and exchanges. The signatory parties agreed on the establishment of the China-Central Asia Heads of Intellectual Property Office Meeting mechanism and were willing to strengthen cooperation in the fields including exchanges in IP strategy and IP laws & policies, IPR protection and law enforcement, promoting IP utilization, development of IP human resources, IP public services and raising IP awareness to drive the common economic prosperity in the region.

Shen said that in recent years, the CNIPA has carried out a series of efficient cooperation activities with Central Asian IP offices under the Belt and Road Intellectual Property Cooperation (BRIPC) mechnism and other multilateral/bilateral programs, effectively promoting mutual exchanges in economy and trade, science and technology and culture. The parties are expected to keep working together, fully implement the contents of the Joint Statement and continue to deepen pragmatic cooperation in the IP field in a bid to inject IP energy into jointly building an even closer China-Central Asia community with a shared future.

After the meeting, Shen held bilateral talks respectively with Rakhat Kerimbaeva, Director of the State Agency for Intellectual Property and Innovation under the Cabinet of Ministers of the Kyrgyz Republic, Mirzo Ismoilzoda, Director of the National Center for Patents and Information of the Ministry of Economic Development and Trade of the Republic of Tajikistan, Ata Annaniyazov, Head of the State Service for Intellectual Property of Ministry of Finance and Economy of Turkmenistan, Esemurat Kanyazov, Head of IP Office of the Ministry of Justice of the Republic of Uzbekistan and Sholpan Abdreyeva, Director of the Department for Intellectual Property Rights, Ministry of Justice of the Republic of 

Kazakhstan.

ZLWD Commentary:

The meeting of the first Meeting of China-Central Asia Intellectual Property Office Directors marked an important step forward in intellectual property cooperation between China and Central Asian countries. Through joint efforts, a better environment and guarantee for intellectual property protection and innovation will be provided, and promote the deepening and development of mutually beneficial and win-win cooperative relations between China and Central Asian countries.

Building professional capacity of intellectual property agency practitioners

Since the issuance of the 2023 Action Plan for Building the Professional Capacity of Intellectual Property Agency Practitioners (hereinafter referred to as the 2023 Action Plan) in April this year, the State Intellectual Property Office has guided the All-China Association of Patent Agents, the Chinese Trademark Association and other relevant units to actively carry out the work of building the professional capacity of intellectual property agency practitioners.

According to the 2023 Action Plan, a series of targeted initiatives have been launched around four key tasks, such as perfecting the mechanism for cultivating the capacity of practitioners, improving the level of practitioners, establishing standards for evaluating the capacity of practitioners, and setting up a platform to support the enhancement of professional capacity. Firstly, a "progressive" training system programme for patent agency practitioners has been formulated, forming a "three-dimensional integrated" patent agency training system based on network platforms and public welfare lectures, centred on agency business, as well as legal literacy and institutional management norms. 

It also conducted various trademark agency training activities on hot issues such as Madrid international registration and overseas trademark rights protection. Up to now, a total of 20 training courses have been held, training nearly 10,000 people. Secondly, it has stepped up the revision of the Guiding Standards for Patent Agency Services to further improve the types of patent agency services and business contents. Thirdly, it completed the declaration of the first batch of evaluation of professional capacity of trademark agents of the Trademark Talent Pool as well as two phases of selection and recommendation of litigation agents, evaluating 1,230 trademark agent talents and recommending 4,619 patent litigation agents. Fourthly, it successfully held the Third National Debate on Hot Issues of Intellectual Property (Trademark) in Colleges and Universities to promote the cultivation of intellectual property composite talents in China; and organised and convened a symposium on exchanges between patent attorneys and judges.

In the next step, the State Intellectual Property Office will continue to strengthen the coordination and deepen the implementation, and continue to promote the construction of professional capacity enhancement of intellectual property agency practitioners, so as to provide strong support for the high-quality development of the intellectual property agency industry.

ZLWD Commentary:

Intellectual property agents not only need to have professional knowledge and skills, but also need to have the ability to think and solve problems independently, and need to comply with relevant laws and regulations while protecting the interests of clients. The construction of professional capacity enhancement of intellectual property agency practitioners provides intrinsic motivation and support for the protection of intellectual property rights.

Announcement on the initial inclusion of 84 official signs notified by the protection of WIPO International Bureau

Announcement of the NIPA on the preliminary inclusion of 84 official signs notified by the International Bureau of the World Intellectual Property Organization

 No.542

In order to implement Article 6 ter of the Paris Convention for the Protection of Industrial Property to which China is a party, 84 official marks notified by the International Bureau of the World Intellectual Property Organisation to the State Intellectual Property Office of China on 31 March 2023 are hereby initially included in the protection in accordance with the relevant provisions of Article 10(1) of the Trademark Law of the People's Republic of China.

If the relevant units or individuals have any objections to the inclusion of the above marks in the protection, they may, in accordance with the relevant provisions of Article 10(1) of the Trademark Law of the People's Republic of China, make a written submission to the State Intellectual Property Office of the People's Republic of China within three months from the date of the notification, and explain the reasons with evidence.

If the above marks are identical or similar to the trademarks applied for registration in advance, the applicant for trademark registration, the trademark registrant and interested parties may file objections in writing with the State Intellectual Property Office within 3 months from the date of announcement, and explain the reasons with evidence.

Address: Reception Hall of NIPA, No.6, Xitucheng Road, Haidian District, Beijing (marked with: official sign)

Postal code: 100088

Tel.: 010-62086534

NIPA

On August 4, 2023

ZLWD Commentary:

The fulfillment of Article 6 of the Paris Convention is a commitment to the international community and an important guarantee for China's domestic innovation and protection of property rights. It means that China is actively strengthening the protection and management of trademark rights and interests, and shows China's positive attitude in the protection of intellectual property rights.

The State Administration for Market Regulation issued the Opinions on Strengthening Intellectual Property Law Enforcement in the New Era

Recently, the General Administration of Market Supervision issued the Opinions on Strengthening Intellectual Property Rights Enforcement in the New Era (hereinafter referred to as the Opinions). The Opinions clarify the main objectives, key tasks and safeguards for IPR enforcement in the coming period, strengthen the rule of law safeguards for IPR enforcement in view of the new features of current infringement and counterfeiting behaviours, establish and improve the enforcement mechanism, protect the IPRs of all types of business entities equally in accordance with the law, and provide strong support for the implementation of the innovation-driven development strategy. By 2025, an IPR enforcement system with coordinated operation of administrative enforcement, industry self-regulation, enterprise rights protection and social supervision will be basically established.

The Opinions highlight the key products, key areas, key markets and key links of IPR enforcement. Focusing on products related to people's life, health and property safety, it will severely investigate and deal with trademark infringement, patent counterfeiting and other illegal acts. It has also strengthened enforcement of intellectual property rights in the field of the Internet, and increased the protection of intellectual property rights in the field of foreign investment and long-established brands. Enforcement will be strengthened in commodity trading markets with more reported complaints, as well as markets in rural areas and urban/rural interfaces. It also severely investigated and dealt with malicious applications for registered trademarks and illegal conduct of trademark and patent agents.

The Opinions strengthen law enforcement support and guarantee measures. Firstly, it promotes strict, standardised, fair and civilised law enforcement, carries out in-depth construction of conduct, and enhances the uniformity and standardisation of law enforcement. The second is to improve the law enforcement mechanism, support conditional places to carry out pilot projects, improve the combination of online and offline, up and down linkage, regional collaboration of the whole chain of law enforcement. Thirdly, the technical support for law enforcement will be strengthened, and in conjunction with the implementation of the "Digital + Law Enforcement" capacity enhancement action, law enforcement data reporting, real-time intelligence collection, scientific analysis of clues and effective use of data will be strengthened and standardised. Fourth, making full use of social resources, strengthening communication with industry associations, social organisations and intermediaries, and improving the contact list of intellectual property rights holders. Fifthly, strengthening law enforcement capacity building and implementing the development plan for the construction of intellectual property law enforcement talents.

The Opinions requires Market regulators at all levels should establish and improve the system and mechanism of IPR enforcement, and strive to build a unified and coordinated enforcement system that is optimised, synergised and efficient. The regulators shall give full play to the advantages of system integration, strengthen work guidance, and establish and improve the system of business consultation and request for instructions and replies. Increase publicity and legal literacy, enhance the awareness of intellectual property protection in the whole society, and create a favourable social atmosphere for the implementation of the innovation-driven development strategy.

ZLWD Commentary:

The issuance of the Opinions on Strengthening Intellectual Property Law Enforcement in the New Era has clarified the importance and specific requirements for strengthening intellectual property law enforcement. This is of great significance to the protection of intellectual property rights and the promotion of innovation and development, and will enable the establishment of a more sound intellectual property rights enforcement system and a more favourable environment for innovation and development.