China E-ventions
Patent News from the Middle Kingdom
Vol. 3 , No. 12 - December 16, 2003
TOPICS THIS ISSUE:
- Foreign Patent Filings Update
- Beijing Olympics Logo Dances Out of Controversy
- Beijing Duck Applies for Patent
- Shanghai Reports Record Patent Applications
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Foreign Patent Filings Update
An improving IPR protection system in China has reduced foreign investors' worries about infringement and increased foreign business people's willingness to invest in China, said Masayuki Hosokawa, chief representative of the Beijing Office of Yamaha Motor Co.
Wu Haipeng, with the research and development center of the LG Electronics Tianjin Appliance Co, said foreign businesses were also active in applying for patents for their products as China exerted greater effort to protect IPR.
As the biggest subsidiary of LG in China, the LG Tianjin company submitted 1,080 patent applications in the first eight months this year, or 30 percent of Tianjin's total for the same period.
Patent applications by business people from developed countries including the United States have also grown rapidly in recent years.
The top 10 patent applicants in China were all from developed countries and patent applications made by foreign entrepreneurs accounted for almost 20 percent of the total in China.
Statistics show that IPR and patent administrations of various levels in China handled 1,291 cases involving disputes over patents and industrial and commercial administrations across China handled 39,105 cases involving infringement of trademarks in 2002.
Last year, 6,107 cases involving copyright infringement and disputes were handled and 67.9 million pirated products, such as CDs, LCDs, VCDs and books were confiscated. Courts across China tried 6,201 civil cases involving IPR.
Statistics show that China approved 32,696 foreign-financed enterprises in the first 10 months this year, up 17.99 percent from the corresponding period last year. In addition, involved contractual foreign investment totaled US$88.683 billion, a rise of 33.75 percent from last year.
(Source: Asia Pulse/XIC)
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Beijing Olympics Logo Dances Out of Controversy
The Beijing Organizing Committee for the 2008 Beijing Olympic Games Tuesday denied the claim that the "Dancing Beijing" logo has been registered under a design patent by a domestic company.
"The report of the Guangzhou-based Nanfang City News, saying that Dancing Beijing has been used by a domestic company and registered under a design patent, is totally wrong. We have learned from the State Intellectual Property Rights Office that so far the office has not issued a design patent for Dancing Beijing or any other similar marks," said committee official Liu Yan.
Sources from the office said that it has not received any patent applications for Dancing Beijing or other similar designs.
About a week ago, the Nanfang City News reported that the Beijing Organizing Committee had only registered Dancing Beijing as a trademark, but had not applied for a design patent. The committee may have to pay for the design patent at some point in the next few years, according to the newspaper.
Liu said his committee has taken protection measures
On May 19, the committee applied for trademark registration for Dancing Beijing from the State Administration of Industry and Commerce, to protect the 45 kinds of commodities and services that have paid for the right to use the logo.
In June, the committee applied for registration of the logo trademark in Taiwan and elsewhere.
The committee signed an entrustment design agreement with the designer of Dancing Beijing at the very beginning, and thus the committee holds a copyright on the logo.
In line with the Regulation for Protecting Olympic Games Marks and the Beijing Regulation for Protecting Intellectual Property Rights of the Olympic Games, the committee applied in July for special mark protection from the State Administration for Industry and Commerce.
The committee has gained first rights to the trademark, a copyright and special mark protection. Any illegal use of the logo will be punished for trademark infringement, said Liu.
Shen Zhihe, a professor of Trademark Law with People's University of China, said that design patents must be connected with products, not the artistic design itself.
The Beijing Organizing Committee is not a venture itself, so it may not apply for design patents. However, this doesn't mean that others can apply for so-called patent protection for similar designs. The committee can ask the company to withdraw patent applications or resort to the courts if necessary, Shen said.
(Source: People's Daily)
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Beijing Duck Applies for Patent
The Bianyifang Roast Duck Restaurant has applied for a patent for its newly developed "Vegetable Flavoured Crispy" roast duck, reports Beijing Times.
The "Vegetable Flavoured Crispy" roast duck is healthier and lighter than the traditional recipe, according to Bianyifang.
Bianyifang has long been known for its roast duck, the famous Beijing dish.
However, due to the popularity of roast duck around the capital city, many small restaurants prepare the dishes with low-quality materials.
Bianyifang's patent application is an attempt to guarantee the authenticity of its products and protect the traditional catering culture.
(Source: Beijing Times)
Shanghai Reports Record Patent Applications
Shanghai, China's leading industrial and commercial city of China, saw booming patent applications in the first 10 months this year.
According to the municipal committee for science and technology, the city recorded 18,301 patent applications in the January- October period, up 47.3 percent over the same period last year and 23 percentage points higher than the national average increase rate for the first 10 months this year.
A record 4,797 patent applications were for inventions, rising by 64.4 percent on a yearly basis. The figure accounted for 10.62 percent of the national patent applications for inventions.
The city granted 14,841 patents in the first 10 months this year, up 164.3 percent over last year's corresponding period and 2.2 times the figure for last year.
Of the total figure, 707 patents were for inventions, a year-on- year rise of 157 percent and 2 times the figure for last year.
The increase in patent applications is attributed to the establishment of a mechanism that encourages inventions and protection of intellectual property rights in the city, a source with the city's science and technology committee said.
Currently, a network for protecting intellectual property rights and patented products research achievements has been set up in local enterprises, schools of higher learning and research institutes. Legal advisors have been invited to guide people in applying for a patent and how to protect their patents.
Over the past year, local enterprises launched 403 patent competitions, with more than individual inventors being awarded.
Patent applications lodged by local enterprises reached 14,305 last year, the highest in China.
(Source: Xinhua News Agency)
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China E-ventions is intended to be used for news purposes only. It should not be taken as comprehensive legal advice, and Lehman, Lee & Xu will not be held responsible for any such reliance on its contents.
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