The EU-China IPR2 Project is publishing a series of guides for companies seeking practical advice on how to protect their IP in China. The issue on patent protection has been updated in line with the recent changes to the Chinese Patent Law and now also includes further information on the new Implementing Regulations and Examination Guidelines which entered into force on 1 February 2010.
Other roadmaps provide information on "Customs Enforcement in China", "Trademark Protection in China", "Copyright Protection in China" and "IP Protection at Trade Fairs in Europe." The roadmaps can be downloaded as PDF versions free of charge at: http://www.ipr2.org/roadmap. Further information on the EU-China IPR2 Project can be found at: http://www.ipr2.org
... in 2009, more patents were granted to domestic Chinese than foreign companies?
For the first time in China, slightly more patents were granted to domestic Chinese applicants than to foreign applicants. According to Chinese Patent Office (SIPO) statistics, between January and December 2009, 65 491 patents were granted to domestic applicants (50.9%), 63 098 to foreign applicants (49.1%).
... the Chinese trade mark law is currently under revision?
China is currently in the process of revising its trade mark law, which was first promulgated in 1982. Draft amendments were submitted by the State Administration for Industry and Commerce (SAIC) in June 2009. Among other changes, the draft proposes that the registrable trade mark types should also include colour marks and non-visual marks (sounds, smells, motion) and that multi-class applications should be allowed. In addition, an increase in statutory damages is envisaged. This third amendment is expected to be finalised within the next two years.
You are also referred to these official announcements: http://www.chinaipr.gov.cn/news/government/569744.shtml and http://www.sipo.gov.cn/sipo2008/mtjj/2009/200911/t20091112_480763.html (Chinese only).
The Chinese Trademark Office's English website can be accessed at: http://sbj.saic.gov.cn/english/index_e.asp
... China has passed a tort liability law containing provisions on IPR infringement?
Among other things, the tort liability law regulates liability and compensation for injuries caused by defective products. With respect to copyright, patent rights and trade mark rights, tort liabilities include ceasing the infringing act, eliminating the effects of the act and paying compensation. The new law thus complements related intellectual property laws and may also apply in infringement cases. It was passed in December 2009 and will enter into force in July 2010.
See also: http://www.chinaipr.gov.cn/news/headlines/593276.shtml
A Chinese version of the law can be found on the website of the National People's Congress at: http://www.npc.gov.cn/npc/xinwen/lfgz/zxfl/2009-12/26/content_1533267.htm ... in 2009, China experienced the highest growth in PCT filings worldwide?
According to provisional statistics issued by the World Intellectual Property Organization (WIPO) on 8 February 2010, China's growth rate in international filings was 29.7% - higher than anywhere else. China has now become the fifth largest PCT user worldwide. Despite the economic crisis, international patent filings in Asian countries continued to rise, Japan being the second largest PCT user (growth rate 3.6%) with Korea in fourth position (growth rate 2.1%).
The complete statistics can be accessed on WIPO's website at: http://www.wipo.int/pressroom/en/articles/2010/article_0003.html#_ftn1
... SIPO has published a revised version of the "Examination Guidelines"?
In line with the recent revision of the Chinese patent law, the Chinese Patent Office (SIPO) has now also amended its "Examination Guidelines". The new guidelines entered into force on 1 February 2010.
A PDF version of the "Examination Guidelines" is available on SIPO's official website (currently in Chinese only) at: http://www.sipo.gov.cn/sipo2008/zlsqzn/sczn2010.pdf
... the Chinese Supreme Court has issued guidelines on the interpretation of laws on infringement?
Relating to the new Chinese Patent Law, the Civil Procedure Law and other legal texts applicable in infringement cases, these new guidelines clarify issues such as the protection scope of invention and utility models, the principles for determining infringement of a design right, the application of prior art defence and prior use defence. They entered into force on 1 January 2010.
See also: http://www.sipo.gov.cn/sipo2008/yw/2009/200912/t20091229_486452.html (currently Chinese only).
The English website of the SPC is here: http://en.court.gov.cn/.
The Chinese text of the guidelines can be found on the Supreme People's Court (SPC) website at: http://www.court.gov.cn/sfjs/show.php?file_id=140350.
... the average examination time in China was further reduced in 2009?
According to SIPO's English website, the average time for the substantive examination of an invention patent has dropped from 25.8 months in 2008 to 25 months in 2009. For utility models, the examination process has been reduced from 11 months to 6.1 months. For industrial designs, the processing time of an application has dropped from 9.5 months in 2008 to 7.2 months in 2009.
More information:
http://www.sipo.gov.cn/sipo_English/news/iprspecial/200912/t20091225_486273.html
... amended Implementing Regulations will enter into force in China on 1 February 2010?
Revised Implementing Regulations to the new Chinese Patent Law, which entered into force on 1 October 2009, have been approved by the State Council. Published on 9 January 2010, the regulations deal in more detail with specific aspects of the Patent Law, including SIPO's new "confidentiality" or "secrecy" examination, which has to be requested by applicants for inventions made in China before they can file abroad.If the applicant receives no notification of a secrecy examination within four months from filing the request, he may file abroad. Where required, the secrecy examination will be completed within two months.
The regulations also include details of filing requirements, especially for designs, which from now on are required to include a brief explanation of the design. Furthermore, patent applicants will no longer have to pay maintenance fees prior to the grant date.
More information about the Implementing Regulations is available on the SIPO website at: http://www.sipo.gov.cn/sipo2008/yw/2009/201001/t20100119_488002.html
(currently in Chinese only). ... Chinese applicants are continuing to file abroad?
Filing figures in the USA, Europe and Japan for the first half of 2009 reveal that Chinese applicants were more active than for the same period the year before. However, there were fewer applications in China from foreign applicants.
More recent filing trends published by the SIPO: http://www.sipo.gov.cn/sipo_English/news/iprspecial/200909/t20090902_474380.html
... documents on the drafting process of the new Chinese patent law have been published?
The revised Chinese patent law will enter into force on 1 October 2009. In view of the upcoming law changes, a compilation of documents relevant at each stage of the drafting process between 2006 and 2008 has now been published on the website of the EU-China IPR2 Project. The compilation contains legal texts and supporting documents, such as explanatory notes from the Chinese authorities and comments submitted by various stakeholders, and can be downloaded in PDF format at: http://www.ipr2.org/index.php?option=com_content&view=category&layout=blog&id=103&Itemid=81
... the China IPR Helpdesk has launched an e-learning module on trade marks?
The China IPR SME Helpdesk has launched the first in a series of e-learning modules designed to assist small and medium-sized enterprises in protecting their profits in China. The first 25-minute module is a step-by-step guide to understanding the value of trade marks and shows ways of protecting trade marks in China.
The e-learning module on trade marks in China is available at: http://www.china-iprhelpdesk.eu/emodule/index.html
... China has become the most frequently designated country for trade marks in the Madrid Union?
According to China's State Administration for Industry and Commerce (SAIC), applications for domestic trade mark registration in the first half of 2009 reached 380 000, which represents an increase of 7.7%. By 30 June 2009, the number of applications for trade mark registration in China reached 6.77 million, despite the impact of the international financial crisis. The number of applications exploded from 26 000 in 1980 to 766 000 in 2006. China now has a total of 2.4 million registered trade marks and ranks first in the world for the seventh year in a row. Source: http://www.sipo.gov.cn/sipo_English/news/ChinaIPNews/2009/ (5 August 2009)
... the Supreme People's Court of China is taking strong measures against counterfeiters?
According to recent news on the website of the Supreme People's Court, Chinese courts dealt with 3 228 forgery cases and sentenced 4 524 people between 2006 and 2008. Of these, 18.5% were sentenced to prison for more than ten years and the worst cases resulted in the death penalty. Further details can be found on the following official website: http://en.chinacourt.org/public/detail.php?id=4552.
… the SIPO’s annual report 2008 (in English) is now available on their English website?
The report includes the latest statistics of patent filings in China. You can download the report of the State Intellectual Property Office of P.R. China (SIPO) at: http://www.sipo.gov.cn/sipo_English/laws/annualreports/AnnualReport2008/
... SIPO is conducting a survey among the users of its English website?
The State Intellectual Property Office of P.R. China (SIPO) invites users of its English website to participate in a short survey by filing in a questionnaire. The survey consists of seven questions (with boxes for comments) and is available on the home page on SIPO's English website under "Questionnaire" at: http://www.sipo.gov.cn/sipo_English/.
... a new platform for laws and regulations related to IP in China has been launched?
On 9 July 2009, the free bilingual platform "China IP Law Search" went live. This search tool enables users to search legal resources related to patent and trade mark law, copyright law, customs protection, unfair competition and other key areas of intellectual property protection and enforcement in China. "China IP Law Search" is an initiative of the EU-China IPR 2 Project in co-operation with the "China International Electronic Commerce Centre" (CIECC) which hosts the information platform www.ipr.gov.cn.
The English interface of the "China IP Law Search" can be accessed here: http://www.ipr2.org/ipsearch/.
... Chinese Supreme People's Court publishes first annual IPR report?
The Chinese Supreme People's Court published its first annual report on IPR cases on April 23 this year. According to the report, in 2008 the IPR Tribunal of the Supreme People's Court dealt with 277 cases relating to patent, copyright and trade mark infringement, unfair competition, and patent and trade mark validity. The 2008 annual report is available in Chinese only at http://www.chinacourt.org/public/detail.php?id=354227
... esp@cenet now includes English abstracts for Chinese utility models?
A first batch of English abstracts of Chinese utility models was loaded into the EPO's free esp@cenet database in early March 2009. The backlog is scheduled to be uploaded in the course of the rest of the year. You can access esp@cenet at http://ep.espacenet.com.
... SIPO and the UK-IPO have signed two agreements to foster innovation in industry?
At a summit meeting on 2 February 2009, the Chinese Patent Office and the UK Intellectual Property Office signed two agreements relating to patents and trade marks. The agreements are aimed at reducing backlogs by means of closer co-operation between examiners at the two offices and making it easier for industry in China and the United Kingdom to develop innovative products and services.
Further information can be found in the press releases on the UK-IPO website at http://www.ipo.gov.uk/press-release-20090202.htm and the SIPO website at http://www.sipo.gov.cn/sipo_English/specialtopic/IPManual/200902/t20090218_441295.htm.
... on 26 January 2009, the WTO issued a Panel Report on the US-China Dispute over IPRs?
In April 2007, the United States requested consultation with China concerning measures related to the protection of intellectual property rights. In the dispute, the United States challenged deficiencies in China's IPR legal system with respect to certain provisions of the TRIPS agreement. A panel, authorised by the World Trade Organization's (WTO) "Dispute Settlement Body", reviewed whether those alleged deficiencies were consistent with the special provisions of TRIPS.
The panel's report and further background information on the US-China IPR dispute can be found on the WTO's website at: http://www.wto.org/english/news_e/news09_e/362r_e.htm
... legal status data from HK has been reloaded into the EPO's INPADOC PRS legal status database?
From week 4/2009 onwards, data on patents valid in the United Kingdom (including EP patents) and patent applications from China designating Hong Kong will be available in the PRS legal status database.
For further information and a list of the legal status codes included in the database, please see http://www.epo.org/patents/updates/2009/20090109.html
... our "East meets West" pages now include useful links to Asian websites?
The new "Links" section on the "East meets West - information exchange on Asian patents" directs you to websites providing background information and reference material in English. The links are tagged under the following terms: patent laws, examination guidelines, fee schedules and annual reports. We will continue adding links to ensure that the new section on "East meets West" remains a useful resource for all your Asian search needs. The new Links section is at: http://eastmeetswest.european-patent-office.org/links
... the revised Chinese patent law will enter into force on 01 October 2009?
On 27 December 2008, the Standing Committee of the National People's Congress, China's highest legislative body, passed the amendments to China's current patent law after a process of consultation that began in 2006. Among other changes, the amendments will introduce absolute novelty, meaning that use or any other means of disclosure anywhere in the world will be considered as prior art. For inventions made in China, SIPO's permission ("confidentiality examination") will be required before a foreign application can be filed. The possibility of dual filing of patents and utility models will be officially introduced to the patent law. Non-resident applicants will still need a representative, but may appoint a patent agency of their choice. Furthermore, there will be an increase to the maximum statutory damages for patent infringement.
The new Chinese patent law is available (in Chinese only) on the Chinese Patent Office's (SIPO's) website at: http://www.sipo.gov.cn/sipo2008/yw/2008/200812/t20081229_435590.html. (An official English translation is not yet available.)
... "Roadmaps for IP protection in China" are now available online?
The EU-China IPR2 Project is publishing a series of guides for European companies seeking practical advice on how to protect their IP in China. The first two "Roadmaps for IP Protection" are now available for free download: "Roadmap for Customs Enforcement in China" and "Roadmap for Trademark Protection in China". To download the Roadmaps as PDF, click here: http://www.ipr2.org/roadmap.
Coming soon are Roadmaps on "Patent Protection in China", "Copyright Protection in China" and "IP Protection at Trade Fairs in Europe."
Further information on the EU-China IPR2 Project can be found at: http://www.ipr2.org
... SIPO and the EPO held a Joint International Seminar on Automatic Machine Translation?
Machine translation experts from the EPO, SIPO, KIPO, WIPO and Japio joined forces at a seminar in Beijing on 4 November 2008 to discuss the future of machine translation in patent documentation.
Further details are available at http://www.sipo.gov.cn/sipo_English/specialtopic/latestspecialtopic/ESJISAMT/programme/200809/t20080911_417872.htm
... a guide to SIPO’s new Chinese-English machine translation function is available
on the CNPAT website? This practical user guide shows you step by step how to retrieve a Chinese-to-English machine translation via the English search interface of the China Patent Database (www.cnpat.com.cn). The guide is available at www.cnpat.com.cn/430homepage/guidehome.html.
... a guide for the new English machine translation function is available on the CNPAT website?
The practical user guide shows you step by step how to retrieve a Chinese-to-English machine translation via the English search interface of the "China Patent Database" (http://www.cnpat.com.cn). To have a look at the guide, simply click on the following link: http://www.cnpat.com.cn/430homepage/guidehome.html.
... China will explore the possibility of establishing specialised IP courts?
On 5 June 2008, the Chinese State Council released a National Intellectual Property Strategy, which includes a number of measures for the further improvement of the enforcement system. One of the issues will be exploring the possibility of establishing specialised intellectual property courts and a central appeal court. In general, the Strategy is aimed at raising the level of the creation, utilisation, protection and administration of intellectual property rights in China by the year 2020. The Strategy is the product of the "National Working Group for IPR Protection", which was set up in 2005 to co-ordinate intellectual property policies.
Further information can be found on the Chinese Patent Office's (SIPO) English website at: http://www.sipo.gov.cn/sipo_English/news/iprspecial/200806/t20080612_406418.htm.
More details in Chinese language, including a Chinese version of the Strategy, can be found on SIPO's Chinese website at: http://www.sipo.gov.cn/sipo/ztxx/zscqzl/
The website of the "National Working Group for IPR Protection" can be accessed here: http://english.ipr.gov.cn/en/index.shtml
... the decisions of SIPO's Re-examination Board can now be searched in an online database?
On the Re-examination Board's new Chinese website at http://www.sipo-reexam.gov.cn/, invalidation suits can be searched by numbers, dates, title of the patent, name of the patent holder, name of the requester of invalidation, names of examiners involved, IPC classes, design classifications etc. via the following interface: http://www.sipo-reexam.gov.cn/fushen/search/search.asp. A second interface allows searches in the oral hearings of the Re-examination Board by numbers and names at: http://www.sipo-reexam.gov.cn/fushen/koushen/searchoral.asp. Currently, these searches only work in Chinese language.
... SIPO launched a free online Chinese-English machine translation service?
On 25 April 2008, SIPO launched two free online machine translation services, which can be accessed via their different English search interfaces. The translation engine developed by SIPO and its subsidiary organisation "China Patent Information Center" (CPIC) can be tested at both the following URLs: http://www.sipo.gov.cn/sipo_English/ and http://www.cnpat.com.cn. (Click here to see SIPO's press release on the new service: http://www.sipo.gov.cn/sipo_English/news/official/200804/t20080425_392724.htm.)
In addition, SIPO's "Intellectual Property Publishing House" (IPPH) launched an English version of their CNIPR website at http://english.cnipr.com/enpat. This website includes a new search tool, "C-Pat Search", and also offers the possibility for a machine translation.
... following SIPO's relaunch of the "CNPAT" database in October 2007...
... original Chinese documents have recently become available via this source? Laid-open publications and granted publications (TIFF format) can both be retrieved using the English and Chinese interfaces. In order to view the documents, the "AlternaTIFF" plug-in has to be installed. The plug-in can be downloaded free of charge at www.alternatiff.com. In addition, English abstracts for Chinese invention patents have now also been included for PCT applications and for documents claiming foreign priority. In these cases, the English abstract of the corresponding international application or priority document is loaded into CNPAT (www.cnpat.com.cn).
... the EU-China IPR 2 project launched by the EPO in September 2007?
The goal of this project is the improval of the legal framework for all aspects of Chinese IPR laws and regulations, the encouragement of more efficient IP enforcement through better access to information at all levels and promotion and support of China's efforts to build up efficient internal, inter-agency, inter-regional and inter-jurisdictional systems and procedures for IP enforcement at all levels in China. The official commencement of the full programme is 1 April 2008. For more information see:http://www.ipr2.org/index.php?option=com_content&view=category&layout=blog&id=40&Itemid=89
... the number format of Chinese A, C and Y publications
has been extended from seven to nine digits? Chinese A-documents (unexamined applications) published from 17 July 2007 onwards have an additional two digits inserted behind the type of patent right code 1 (1nnnnnnnnn.) The same applies for C-publications (granted patents) from 29 August 2007 onwards. Chinese Y-publications (registered utility models) published from 29 August 2007, have the type of patent right code 2 and the new number format is 2nnnnnnnnn. For more information, please see: http://www.epo.org/patents/updates/2007/20071129.html
... the "China Patent Abstract Database" (CNPAT)
at www.cnpat.com.cn was relaunched and renamed "China Patent Database" in October 2007. The English search interface includes English abstracts for Chinese patents and bibliographic data for Chinese utility models. Full documents are no longer available via the English interface, but the drawings can be displayed as image data.
… a new website offers information in English on intellectual property protection in China?
The Intellectual Property Protection in China website was launched in April 2006 and is available in English and Chinese. The English version includes translations of various laws and regulations in China, bulletins and news related to IP protection in China, application guides, statistics and an online consultation service. It also offers a collection of links to important IP organisations in China, Hong Kong, Taiwan and Macao, as well as other governmental organisations, associations and agencies. The website, which represents an invaluable resource for applicants filing in China or anyone interested in Chinese patent information, is available at http://english.ipr.gov.cn/en/news.shtml
… patent applications filed by residents soared in Korea and China in 2005?
According to WIPO's Patent Report 2007, patent filings by residents doubled in Korea and increased eight-fold in China between 1995 and 2005. For more information see www.epo.org/focus/news/2007/20070810.html and www.wipo.int/ipstats/en/statistics/patents/patent_report_2007.html
... PCT filings originating from China show fastest growth in the world?
According to the WIPO World Patent Report 2006 (http://www.wipo.int/ipstats/en/statistics/patents/), PCT applications originating from China increased by 56.8% from 2005 to 2006, ranking China number eight in the list of PCT users, above Switzerland and Sweden. According to the same report, China is now the fourth largest patent office in the world (by number of applications received).
... SIPO introduced electronic filing of PCTs?
On 1 May 2007, the Chinese Patent Office (SIPO) introduced "PCT-SAFE" (“Secure Applications Filed Electronically”), the software that enables electronic filing of international patent applications under the Patent Cooperation Treaty (PCT). PCT-SAFE is already in use in other East Asian countries, namely Japan, Malaysia and the Republic of Korea. For further information please see: http://www.wipo.int/pressroom/en/articles/2007/article_0031.html and
... SIPO has launched a new platform for patent searches?
On 26 April 2007, the Chinese Patent Office (SIPO) launched its new "Experimental Platform of Patent Information Services". This service provides free searches in Chinese documents via an English and a Chinese interface. It offers full Chinese documents as searchable text data, full document download (TIFF format) and English legal status information. The database is available at http://pub.cnipr.com (Chinese interface) and http://pub.cnipr.com/enpubpisfts (English interface).
... SIPO publishes a weekly intellectual property report?
The State Intellectual Property Office of P. R. China (SIPO) has been publishing its "China Intellectual Property Report" on the internet since December 2006. The report is in Chinese and English and contains statistical information and the latest IP news from China. All reports issued so far are available at:http://www.sipo.gov.cn/sipo_English/cipr/
... an English version of the Chinese "Guidelines for Examination",
revised in 2006, is now available on the SIPO website? The guidelines can be downloaded as a PDF file at the following URL: www.sipo.gov.cn/sipo_English/zlsc/default.htm
