China releases amended regulation for patent agencies

China's cabinet has released an amended regulation for the country's patent agencies to improve qualifications for practitioners and supervision on their services.

The new regulation, an amendment to the previous one applied in 1991, will come into force on March 1, 2019, according to a decree by the State Council, signed by Premier Li Keqiang.

To become qualified patent agents, individuals with the required educational background shall pass qualification tests to get certificates, according to the new regulation.

Organizations, either as a partnership firm or a limited liability company, shall apply for practice licenses before offering patent agency services, says the regulation.

Patent agents shall follow the principles of goodwill, fairness, faithfulness, and credibility in their services to clients, taking both economic and social benefits into consideration, it says.

The regulation also specifies the code of conduct and legal obligations for patent agents and asks to improve the inspection and supervision over their services.

Apple pulls iPhone 7 and 8 from German stores: Qualcomm wins a battle in patent war

Apple Inc. is pulling older models of its iPhone from German stores after losing two patent cases brought by chipmaker Qualcomm Inc., the company said Thursday.

A regional court in Munich ruled that Apple and its subsidiaries had breached a European patent held by San Diego-based Qualcomm, which has pursued similar cases elsewhere around the world.

“Qualcomm’s campaign is a desperate attempt to distract from the real issues between our companies,” Apple said in a statement.

“Their tactics, in the courts and in their everyday business, are harming innovation and harming consumers,” it said. “Qualcomm insists on charging exorbitant fees based on work they didn’t do and they are being investigated by governments all around the world for their behavior.”

Apple said that pending its appeal, the sale of iPhone 7 and 8 models will be halted at the 15 Apple stores in Germany. The company noted, however, that all iPhone models remain available from cellphone carriers and resellers in the country.

The Munich court said Apple is “banned from offering or distributing unlicensed” devices that use the disputed patent, which regulates the amount of energy provided to the phones’ telecom chips.

Apple said the iPhone X, which was also mentioned in the verdict, has since been replaced by a newer model.

The court also ruled that Qualcomm should receive unspecified damages from Apple.

It’s the second time this month that Apple has been dinged in a legal case brought by Qualcomm. A Chinese court banned some Apple subsidiaries from selling or importing certain iPhones in China after Qualcomm said they infringed on two patents enabling consumers to format photos and manage phone apps using a touch screen. Apple has asked the Fuzhou Intermediate People’s Court to reconsider the ruling.

China to boost crackdown on IPR infringement

China will step up the protection of intellectual property rights by imposing tougher punishments for IPR infringement, according to the National Intellectual Property Administration (NIPA) Wednesday.

Thirty-eight governmental departments including the National Development and Reform Commission, the People's Bank of China and the NIPA have jointly signed a memorandum to strengthen cooperation in the crackdown on IPR infringement.

The memorandum listed six types of infractions regarding intellectual property including repeated patent infringements, declining to execute punishments on patent violations and using fake documents in patent applications.

Enterprises who break the law may face multiple restrictions in receiving government financial support, establishing financial institutions, and receiving customs certifications.

NIPA will also publicize IPR infringements on a national online credit system, which accelerates the establishment of an intellectual property credit system.

The punishment mechanism will bring effective IPR protection and help deter IPR violations, according to the NIPA.