On February 4, 2013, the Shenzhen Intermediate People’s Court issued two rulings in a patent licensing dispute between InterDigital and Huawei. The Court decided that InterDigital abused its patent rights by requiring Huawei to pay “excessive” royalties for essential patents for mobile telephone technology and by tying standard essential patents with non-essential patents. It referred to complaints InterDigital had
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In November, the State Intellectual Property Office released the Draft Service Invention Regulations (reviewed in the November-December China Bulletin). Of particular concern in the regulations is an expansion of the scope of service inventions to know-how, requiring employers to track inventions and inventors themselves post-employment and potentially across generations. Several provision in the regulations also introduce potential new claims by During hard economic times, it often happens that everyone wants to make the best use of all their assets. Sometimes their only assets consist of one or more patents. With all the publicity about patent trolls making lots of money by threatening or bringing patent suits against small companies that cannot afford to defend themselves, In November, the Supreme People’s Court (SPC) finalized the of the Rules of the SPC on Several Issues on the Application of Law in Adjudicating Civil Disputes Related to infringements of the Right of Communication over Information Networks, discussed in the June China Bulletin. An unofficial English translation of the final is available here, courtesy In November, the State Intellectual Property Office (SIPO) released the Draft Service Invention Regulations for a comment period, which ended on December 3rd. The draft regulations have attracted considerable attention and comment because of their potential to impose an unreasonable cost burden on R&D in China. The burden arises less from compensation awarded to inventors than from the notice, accounting and administrative burdens the draft On December 28, the National People’s Congress issued the latest revised draft of the Trademark Law. Key provisions include expressly requiring that applications conform to principles of honesty and credibility, broadening the right to block bad faith applications by business associates, narrowing the definition of use to marks that distinguish the origin of the goods or services, limiting the right of the trademark owner According to a report by the U.S.-China Business Council, 95% of the companies in a recent survey are somewhat or very concerned about the enforcement of intellectual property rights in China. One challenge faced by foreign trademark and service mark owners comes from “squatters” who register in bad faith to occupy a mark while knowing another party already has or is likely to have an existing legitimate China’s State Intellectual Property Office (SIPO) recently released draft revisions of the current 2008 Patent Law of the PRC. The revisions, which are not extensive, mainly address issues of patent enforcement. They address problems discussed at a meeting of interested parties from government and academia in July, including difficulties obtaining evidence on patent disputes, inadequate damages and THE IMPORTANCE OF A SINGLE WORD by Mikio Ishimaru, Licensed US Patent Attorney 中文 The choice of the correct word is key to drafting a successful patent claim that will protect a described invention from infringement. A competitor’s failure to understand this principle cost his company and my former employer thousands of hours of lost The National Copyright Administration issued the second Draft Copyright Law of the PRC on July 6th, responding in part to a storm of comments over Article 46 of the first draft. Article 46 of the first draft, discussed in the April-May China Bulletin, allowed record producers to use an audio work from the date that is three months |
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