CHINA INTELLECTUAL PROPERTY LAW NEWSLETTER
Vol. 3 , No. 5 - April 3, 2002
VISIT LLX AT INTA INTA 124th Annual Meeting 2002
May 18-22 - Washington, D.C. Lehman, Lee & Xu welcomes you to participate in the following: 2nd ANNUAL CHINA BRAND OWNERS BRUNCH - May 19, 11:00am at the Hyatt Regency Capitol Hill, Columbia Ballroom. Start the 124th Annual Meeting by experiencing Chinese hospitality at its finest. Hosted by Lehman, Lee & Xu and Tsingtao Beer, we hope that this year's brunch will once again provide for a relaxing forum to learn more about China brand owners and discuss changes in China's IP sector, including China's new Trademark Law. If you would like to attend, please send email to inta@chinalaw.cc or faxes to +8610 8532-1999. LEHMAN, LEE & XU/TSINGTAO BEER BOOTH - Exhibit Area, Booths 414 & 416. Visit with representatives of Lehman, Lee & Xu, Tsingtao Beer and other Chinese brand owners. On display will be general literature on China trademark law, Q&As on China trademark registration, IP enforcement strategies and more. Sorry, there will be no alcoholic beverages served at the booth. | |
TOPICS THIS ISSUE:
- INTA Holds Forums in Shanghai and Beijing
- GM Fighting China-made Counterfeit Parts Exported To Middle East
- Japan Government Builds Cross-Industry Forum To Deal With China Piracy
- China Poses Biggest Challenge For Resilient Japanese Companies
- Intellectual Property Rights of China's Traditional Cultural Heritage Explored
- 3-D Trademark Seminar Held In Beijing
INTA Holds Forums in Shanghai and Beijing
The International Trademark Association (INTA)) is holding a two-day forum at the Pudong Shangri-La Hotel in Shanghai, April 8-9, 2002. The meeting Trademark Practice in China and Beyond will assist trademark practitioners, attorneys and brand name owners in gaining a better understanding of trademark practices in China.
Topics at the meeting include Managing Offshore Portfolios presented by Rhonda Steele of Effem Foods and Domain Name Registration and Enforcement by Edward E. Lehman, Tang Guangliang and Zhou Lin of Lehman, Lee & Xu. Other topics include Trademark Licensing, The Pitfalls of Registering Trademarks Abroad, Examination Standards within the Trademark Office and the Trademark Review and Adjudication Board, and Anti-counterfeiting and Enforcement.
There will also be a Managing International Portfolios forum held in Beijing from April 10-11 at the Kerry Centre, Beijing. Nils Montan, INTA President, will deliver the president's address, followed by the presentation International Trademark Portfolios and Licensing Products Worldwide presented by Rhonda Steele, INTA vice-president. Patrick Wang will then present Anti-Counterfeiting Experiences in China - An Owner's Perspective, followed by Intellectual Property Infringement on the Internet by Frederick W. Mostert, former INTA president.
Zhou Lin, of the China Academy of Social Science and Of Counsel with Lehman, Lee & Xu, remarked that the China meetings "will provide an opportunity for trademarks practitioners, lawyers and owners to develop some helpful relationships while learning about some recent changes in China's IP sector."
If you would like to attend one of the China meetings, please send email to Lehman, Lee & Xu at inta@chinalaw.cc.
GM Fighting China-made Counterfeit Parts Exported To Middle East
US automobile giant General Motors (GM) is cooperating with the Middle East auto industry to combat the import of counterfeit automotive parts manufactured in China.
It is thought that in the Middle East region, counterfeit parts make up approximately half of all auto part sales and produce over US$ 200 million in yearly revenue.
GM has sent two of its "counterfeit busters" to the region in order to try to stop the import of the auto parts, of which the majority are manufactured in China. Other regions known for manufacturing counterfeit automotive parts are Taiwan and South Korea.
The Middle Eastern states are thought of as prime top-end target markets for counterfeiters. Although Saudi Arabia has been making some headway concerning seizures and raids, the next regions to be focused on will be the United Arab Emirates and Kuwait.
(Source: World Markets Analysis)
Japan Government Builds Cross-Industry Forum To Deal With China Piracy
A forum bringing together the government and business sectors will be formed in April in order to protect Japanese intellectual property.
The Ministry of Economy, Trade and Industry (METI) said that the forum will conduct surveys, offer consultation and advice to piracy-ridden companies and liaison with other countries such as China, the biggest infringer of Japanese intellectual property.
Industry groups participating in the forum include the Japan Automobile Manufacturers Association, the Japan External Trade Organization and companies such as the Honda Motor Co.
One of the main reasons for the creation of the forum is to combat piracy in China. Although individual companies and industry groups have requested the China government to crack down on piracy, the government hopes that a larger forum will be more effective in handling the problem, which affects many industries.
It is also hoped that through the forum's direct communication links with the China government, companies will have access to more information regarding actual damage sustained in the China market.
(Source: Japan Economic Newswire)
Need to File a Patent or Trademark in China? Contact LLX at mail@chinalaw.cc and click below to download a Power of Attorney: | | |
China Poses Biggest Challenge For Resilient Japanese Companies
Despite a global recession, Japan is still inventing and filing patents as successfully as ever. In 2001, Japanese companies held seven of the top 10 places on the list of patent awards in the US. Hitachi Ltd., NEC Corp., and Canon Corp. replaces former top placements like Motorola Co. and Lucent Technologies.
Most of the patents that Japanese companies are filing are for handsets and electronic devices.
Japan has always been a thorough watchdog of its intellectual property. In the late 1980s, major electronics makers were astonishingly filing 20,000 patents a year. However, more than two/thirds of those patents have now been dropped due to the onerous maintenance costs.
In Japan, the importance of filing a patent has not been forgotten. Although Japanese companies have not yet achieved as high payouts as the $1.7 billion in royalties that IBM earned from its intellectual property in the year 2000, they are not far behind.
However, the invent-and-protect atmosphere is easily tarnished by the ever-present threat of patent infringements, especially in China.
In Mainland China, where intellectual property enforcement is inadequate, Canon Corp. claims that 80% of the ink-jet printer cartridges sold in China are illegal copies and that it discovers at least 6 new violations of its patents every month.
However, the problem is further-reaching than just Mainland China, Ohno adds. Manufacturers ship many of their counterfeit ink cartridges to the US. Nevertheless, Japanese companies aren't giving up. Karen Hagberg, a patent lawyer for Morrison & Foerster stationed in Tokyo, says, "There's an awareness that protecting patents is expensive, but Japanese companies know it's part of doing business."
(Source: The International Herald Tribune)
Intellectual Property Rights of China's Traditional Cultural Heritage Explored
Ancient Chinese culture has recorded some of the greatest inventions in the world. Now, modern patent protection systems are needed to protect those inventions.
An international seminar called Application and Protection of Intellectual Property was held on March 12th promoting the use of intellectual property laws in order to protect traditional Chinese culture and to fully exploit its value.
Experts at the seminar pointed out that intellectual property has become a new form of currency in world trade. It is vital to control the intellectual property of technological, biomedical and production processes, in some cases even more vital than controlling the physical means of production itself.
The possibility of surveying and analyzing the components of Traditional Chinese Medicine (TCM) and its modern uses are becoming more plausible as more and more possibilities for exploitation are being explored. To complete such a task and create patents before the irreplaceable medical technology becomes widely applied elsewhere is becoming increasingly important.
An interesting example of poor intellectual property protection is when Japanese interests expropriated a unique cloisonne production method from China. The method had no patent protection in China or elsewhere. A Japanese business subsequently filed patents restricting China's ability to enjoy the economic value of its own assets.
"Imagine if the science of acupuncture, which has been widely adopted worldwide, was subject to intellectual property control by China. Now extend that image to other methods and products of Chinese inventions. One quickly can see the potential size of the markets involved, in every technology sector," said David J. Pratt, vice president of the MĄ¤CAM Company in America.
It was stated at the seminar that traditional methods and unique techniques should be considered as important contributions to the national economy and society and should consequently be protected by patents.
Although China only passed its first Patent Law in 1984, in the past, China has been mostly successful in protecting its unique cultural items from inappropriate exploitation on world markets.
(Source: People's Daily)
3-D Trademark Seminar Held In Beijing
From March 25 to 26, a seminar organized by the China Trademark Association (CTA) concerning the registration process and protection of 3D trademarks in China was held at the Friendship Hotel in Beijing.
Participants included CTA members, independent trademark agencies, judges from various courts, and officials from the China Trademark Office and Trademark Review and Arbitration Board (TRAB).
Topics at the seminar included the registration process of 3D trademarks, the protection and enforcement of 3D trademarks in Europe, and the new style and color characteristics now able to be registered. Most of the guest speakers were foreign trademark authorities from European countries.
Lehman Lee & Xu
China Lawyers, Notaries, Patent, Copyright and Trademark Agents
http://www.chinalaw.cc/
Beijing Office | 6th floor, Dongwai Diplomatic Office Building
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