Peimeng · China IP Weekly Newsletter April 5 - 11
The last barrier to break through the science innovation board: intellectual property issues
April 7, 2021
While becoming an important reference basis for enterprises to be listed on the science and innovation board, intellectual property issues have also become the last straw for enterprises to be listed on the science and innovation board.
As can be seen from the public data of patent applications of listed enterprises on the science and innovation board, the number of patent applications of enterprises before listing is in a steady growth trend, especially in 2018 or 2019, the number of patent applications shows an explosive growth. Since the patent authorization cycle is generally 1 to 2 years, compared with the listing time, it can be observed that the listed companies on the science and innovation board have superior foresight and layout awareness in the preparation of intellectual property. From the time dimension of patent application, reasonable intellectual property layout and planning have a significant boost to the listing of the science and innovation board.
As for the inquiry of intellectual property issues in the listing process, almost all enterprises have received the inquiry about core technology, iterative risk of technical route, technical research and development ability and so on in the IPO inquiry stage. Among them, 117 enterprises, accounting for 80.6%, were directly involved in intellectual property issues when they received SSE inquiries. They were finally listed after several rounds of rectification and audit.
In 2020, a total of 41 enterprises will stop listing on the science and technology innovation board, of which 20, accounting for 50%, are related to intellectual property issues.
Among the intellectual property issues related to the 20 terminated listed enterprises, the ownership of intellectual property, the information disclosure of technological advancement closely combined with intellectual property, and the risk of intellectual property disputes became one of the core points questioned.
In addition to micro-admittance, Zhishen Information, Baishan Cloud Technology, Yisuoxianxia and other enterprises, the previous Guangfeng Technology, Minxin Microelectronics, Jingfeng Mingyuan and other high-quality enterprises sprint science and innovation board are also in the key node of IPO, competitors launched the "attack" with patents, affecting the listing process.
Information source: iyiou.com
Li Jiaqi applied for reexamination after the trademark registration of Li Jiaqi's affiliated company was rejected
Apirl 8, 2021
According to the Tianyangcheck APP, on April 5, 2021, Ningbo Miziqi E-commerce Co., Ltd. and the State Intellectual Property Office of other first-instance administrative judgment published, the plaintiff is Ningbo Miziqi E-commerce Co., Ltd. and the defendant is the State Intellectual Property Office, the case for trademark application rejected reexamination of the administrative dispute. The case number is (2020) Beijing 73-Xingchu No. 8844, and the court is Beijing Intellectual Property Court.
The plaintiff, Ningbo Maginich E-commerce Co., Ltd. was jointly funded by famous broadcaster Li Jiaqi and his company Meiwan (Shanghai) Network Technology Co., Ltd. and has the legal right to apply for the trademark of the name "Li Jiaqi," Yuan told the court. Citing the trademark (registration number: 15251314), the right status is not stable, request the court to suspend the hearing of this case. To sum up, request the court to revoke the decision being sued and order the defendant to make a new decision.
The defendant argued in the written defense that the facts were clearly determined, the law was correctly applied and the procedure was legal, and the plaintiff's claim was rejected by the judgment.
The judgment of this case is to revoke Shang Ping Zi [2020] No. 94305 "On the Reexamination Decision of No. 36408665" Li Jiaqi "Trademark Rejections made by the Defendant State Intellectual Property Office; The State Intellectual Property Office made a new decision on the application for reexamination of the rejection of the trademark "Li Jiaqi" filed by Ningbo Mizoqi Electronic Commerce Co., Ltd. for No. 36408665.
Skyeye check APP shows that Ningbo Maginich E-commerce Co., Ltd. was established in November 2017, the legal representative Zheng Ming, the registered capital of 1 million yuan, the company by Ningbo Maginich E-commerce Co., Ltd. and Li Jiaqi jointly held, the shareholding ratio is 51%, 49% respectively.
(Source: Jiemian News)
2021 Autumn/Winter Shanghai Fashion Week: China Local Fashion Brands Have Spring Up, A Hundred “Shows” are on Display in Succession
April 9, 2021
On the evening of April 6, 2021 at half past seven, qiu dong opened Shanghai fashion week debut "economic boom" open, the Chinese original design brand Ma Kehua in immersion show mountain sea beast and cyber punk interweave fantasy scenes, through representative embroidery, tie-dye, flowers, heavy water washing, light offset printing, digital printing and the craft technique, image to be exclusive and seas.
The first Shanghai Fashion Lifestyle Carnival will launch new products online and offline simultaneously during the fashion week of this season. As one of the opening activities of the first day of Shanghai Fashion Lifestyle Carnival, the "special presentation of the mark qi" will be launched on the first day of Shanghai Fashion Lifestyle Carnival to help the new generation of Chinese designers. Li Jiaqi said that Chinese original designers not only understand Chinese culture, but also understand the fashion language. Their original spirit represents the driving force of China's surging economy, and is also the driving force of economic inner cycle, which deserves our attention. In the future, he will use his insights and experience with consumers to empower new brands and bring more amazing Chinese design to the public.
Over the next week, more than 100 fashion shows, dozens of trade shows and industry forums will be held in all districts of Shanghai. It is understood that in the week-long launch, Shanghai local brands accounted for more than 50%. Brand focus is increasingly diversified, among which more than 40% are combined with environmental protection, nearly 20% are related to intangible cultural heritage, and nearly 50% are trans-boundary cooperation brands.
According to the latest Global Fashion Industry Index · Fashion Week Vigor Index released by Xinhua News Agency, Shanghai Fashion Week has risen rapidly in the process of opening up to the outside world. Shanghai Fashion Week has risen to the fourth place from the fifth and sixth places in the world in the past decade, joining Paris, Milan, London and New York in the "first square" of the world fashion industry.
In 2017, Shanghai Fashion Week was included in the key promotion project of "Shanghai Culture and Innovation 50", and became an important platform for Shanghai's global new product debut, injecting fresh internal impetus for fashion into the city. Today, this shining name card from Shanghai is becoming a fashion vane in China, Asia and the world, helping Shanghai accelerate its development into an international consumption center city.
Source: Wenweipo.com cnr.cn Knews
Notice on Issues Concerning the Incorporation of Cash Rewards for Scientific and Technological Achievements of Scientific Researchers in Public Institutions into Performance Pay Management
April 6, 2021
On March 24, 2021, human resources and social security, Ministry of Finance, Ministry of Science and Technology issued by the transformation of scientific and technological achievements "about institutions of scientific research staff on the management of cash into the performance-based pay of notice, has been clear about the" scientific research personnel of position transformation of scientific and technological achievements cash incentives included in the total amount of wages, the unit performance but not being limited by the amount, not included in the total base "the concrete operation method.
"Notice" indicate, the position after the transformation of scientific and technological achievements, the complete unit to complete by the regulation, transformation of scientific and technological achievements of the scientific and technological achievements made important contributions to the personnel to give cash incentives, included in the work unit to total performance salary, but not by the verification of the performance salary cap, not as a unit of human resources social security, the financial department for approval the next annual performance of the total wage base, not as a social insurance expends base.
Link: http://www.mohrss.gov.cn//xxgk2020/fdzdgknr/zcfg/gfxwj/rcrs/202103/t20210330_412031.html
Source: Ministry of Human Resources and Social Security, PRC
China State Administration of Market Regulation: Legislation will be introduced in 2021 to ban unfair competition on the Internet and to amend the anti-monopoly law
April 7, 2021
The year 2021 will mark the 100th anniversary of the founding of the Communist Party of China (CPC), the first year of the 14th Five-Year Plan, and the start of a new journey to build a modern socialist country in all respects. Guided by Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, the State Administration for Market Regulation will strengthen legislation in key areas, strengthen overall coordination of legislation, speed up legislative process, optimize legislative procedures, and strive to improve the quality and efficiency of legislation, so as to lay a solid legal foundation for the long-term development of market supervision.
First, we will arrange legislative items in a scientific and reasonable way to focus on the key work of market regulation
To draft six drafts of laws and administrative regulations for submission: Product Quality Law, Provisions on Administrative Punishment for Price Illegal Acts, Regulations on Industrial Product License Administration, Regulations on Certification and Accreditation, Regulations on the Implementation of Drug Administration Law, and Detailed Rules for the Implementation of Patent Law.
Draft and revise 61 department rules and regulations: First, to strengthen and improve the law enforcement of anti-monopoly and anti-unfair competition and earnestly safeguard fair market competition, revise the regulations on the protection of trade secrets and formulate certain regulations on prohibiting acts of unfair competition on the Internet.
Continue to actively cooperate with legislative projects advanced by the legislature: continue to cooperate with the legislature in revising laws and regulations, such as the Anti-Monopoly Law, the Measurement Law, the Regulations on the Administration of Registration of Commercial Subject, the Regulations on Enterprise Information Disclosure, the Regulations on the Implementation of the Law on the Protection of Consumer Rights and Interests, and the Regulations on the Market Supervision and Administration Institute.
Source: State Administration for Market Regulation
Original Text Link:
http://gkml.samr.gov.cn/nsjg/fgs/202104/t20210401_327476.html
Because it is not in compliance with the Trademark Law, YeShu Group's application for state banquet beverage related trademarks was rejected in the first instance
April 7, 2021
On April 5, 2021, the Judicial Information Network of Beijing Court published other administrative judgments of first instance between YeShu Group Co., Ltd. and the State Intellectual Property Office. The plaintiff was YeShu Group, and the case was for reexamination of the administrative dispute over the rejection of the trademark application.
According to the Beijing Intellectual Property Court, the focus of the dispute in this case is whether the application for trademark registration conforms to the provisions of Article 10, paragraph 1 (8) of the Trademark Law.
Article 10, paragraph 1, Item (8), of the Trademark Law stipulates: "The following marks shall not be used as trademarks: (8) those harmful to socialist morality or customs or having other adverse effects."
When judging whether the relevant mark constitutes a situation with other adverse effects, consideration should be given to whether the mark or its constituent elements may have negative or negative effects on the social public interests and public order of China's politics, economy, culture, religion, nationality, etc., and the use of the contested trademark is generally not taken into account. In this case, the contested trademark "Yeshu Coconut China State Banquet Beverage and Picture", which contains the national "China", is designated to be used on the commodities under review, which is easy to cause adverse effects to the public. The contested trademark has violated the provisions of the first paragraph (8) of Article 10 of the Trademark Law.
To sum up, the defendant's decision to be sued is clear in finding the facts, correct in applying the law and lawful in examining the procedure, and the court supports it. The plaintiff's claim lacks corresponding factual and legal basis, and this court will not support it. In accordance with Article 69 of the Administrative Procedure Law of the People's Republic of China, the Court makes the following judgments: The claim of the plaintiff YeShu Group Co. Ltd was rejected. (Editing China Intellectual Property Magazine Zhang Chunyu)
Source: https://www.bjcourt.gov.cn/
Link to the original administrative judgment of Beijing Intellectual Property Court：
https://www.bjcourt.gov.cn/cpws/paperView.htm?id=100943591181
After updating the new logo for ￥2 million, Xiaomi applied to register nearly 90 new trademarks
Apirl 8, 2021
April 7, 2021, at Xiaomi's spring event last month, the company officially announced the launch of its new logo, which took three years to design and cost two million yuan. Many netizens later joked that the new logo seemed to simply change from square to round, and whether Lei Jun had been deceived by the designer. Lei Jun yesterday in the millet broadcast room in response to users of millet's new LOGO ridicule said, a mature brand, do LOGO can only be changed. He said that the logo can only be changed in a small way, which looks like a simple change from square to round, but the font, spacing, color number and other aspects have changed, and Xiaomi also has a letter logo. According to the Qiacha APP, Xiaomi Technology Co., Ltd. recently applied for the registration of nearly 90 trademarks of the word "Xiaomi" and the new logo pattern of Xiaomi. The international classification includes scientific instruments, manual instruments, communication services, advertising sales, etc., and the current trademark status is under application.
Xiaomi's new logo adopts the "super elliptical" digital beauty N :3 ratio, which is also the Alive sense of life design promoted by Hara. It is a mixture of Xiaomi orange and technology silver, which symbolizes the combination of vitality and high technology, and represents Xiaomi's high-quality scientific and technological exploration. No matter what kind of environment, it can maintain visual harmony and self-personality.
Source: IT Home
Google Wins Oracle Copyright Row at Top Court, Ending Battle
April 6, 2021
The U.S. Supreme Court ruled that Alphabet Inc.’s Google didn’t commit copyright infringement when it used Oracle Corp.’s programming code in the Android operating system, sparing Google from what could have been a multibillion-dollar award.
The 6-2 ruling, which overturns a victory for Oracle, marks a climax to a decade-old case that divided Silicon Valley and promised to reshape the rules for the software industry. Oracle was seeking as much as $9 billion.
Alphabet rose 4.2% as of 12:42 p.m. in New York. Oracle was up 4.0%.
The court said Google engaged in legitimate “fair use” when it put key aspects of Oracle’s Java programming language in the Android operating system. Writing for the court, Justice Stephen Breyer said Google used “only what was needed to allow users to put their accrued talents to work in a new and transformative program.”
Justices Clarence Thomas and Samuel Alito dissented. Justice Amy Coney Barrett didn’t take part in the case, which was argued before she joined the court.
Oracle initially sued Google for copyright infringement in 2010. Since then, the case has worked its way up and down the legal system, spurring two jury trials and numerous appeals. The now-overturned appeals court decision had reversed a jury finding that Google’s copying was a legitimate fair use.
(Source: Bloomberg Law)
Original Text Link:
https://news.bloomberglaw.com/ip-law/supreme-court-overturns-oracles-copyright-win-over-google
Pirate Kala is never OK, JDZZY CHINACOURT protects powerfully the copyright of audio and video works
April 6, 2021
In order to strengthen the protection of intellectual property rights and effectively protect the legitimate rights and interests of the parties concerned, the Executive Board of Jingdezhen Intermediate People's Court successfully executed 7 cases involving KTV infringement of copyright of audio-visual works in early April 2021, with a total amount of 61,000 yuan.
The 7 cases involving KTV infringement of audio and video copyright dispute cases for a series of cases. After the Municipal People's Court of Jiangxi accepted the case, it contacted the KTV involved in the case at the first time, understood the situation in detail, explained the law to them and informed them of the legal consequences of intellectual property infringement. Under the unremitting efforts of the executive judge, the person subjected to execution took the initiative to stop showing and delete 104 music TV works in the KTV involved in the case within just two weeks, and actively fulfilled the property obligations. Later, the KTV involved in the case took the initiative to submit to the court that due to the impact of the COVID-19, its business activities were affected by many factors, and it would be difficult to pay the following copyright fees. In order to avoid the recurrence of similar disputes and truly realize the case, the Executive Board of the Municipal People's Court has been running around in many ways, and organized and held work coordination meetings to put forward suggestions to solve the problems, so as to help realize the healthy development of the industry. In the end, under the efforts of the executive judge of the city's middle court, the two sides reached a consensus.
Jiangxi Intermediate People's Court's efficient implementation has been highly recognized by the China Audiovisual Copyright Collective Management Association, and recently sent the banner with the words "Fairness, Fairness, Practicality and Effectivity" to the judges of the Executive Board of the Municipal People's Court to thank the Municipal People's Court for its efforts and contributions to intellectual property protection.
Source: Jingdezhen Intermediate People's Court, Jiangxi Province
Hangzhou plans to fine up to 50,000 yuan for illegal use of special labels to protect West Lake Longjing tea
April 8, 2021
The protection and management of "West Lake Longjing" tea in Hangzhou may have laws to follow.
On April 6, 2021, "Hangzhou West Lake Longjing Tea Protection and Management Regulations (Draft)" was published on the official website of the Municipal Bureau of Justice for public opinions, and legal provisions were made from the aspects of "West Lake Longjing" cultural protection and inheritance, quality protection and promotion, special label management and brand protection.
"West lake longjing tea" refers to the native to west lake longjing tea producing region, choose group, longjing 43, longjing longjing tea leaf, etc from the group of breeding and the system of examination and approval of the west lake longjing tea shoots of tea varieties leaf as raw material, adopts the traditional stall process such as green, green pot, pot in the local processing, has a "color green, aromas, green, form beauty" green tea quality characteristics of the sector.
According to the draft regulation (draft for public consultation), the transaction of Xihu Longjing tea between production enterprises or between enterprises and individuals shall be directly transferred to the special marking data in the digital management system of Xihu Longjing tea, and the special marking shall not be transferred. The unused special mark should be returned within the specified time. If the special mark is not returned, it will be deemed that the special mark has not been used in the specified way.
Those who fail to transfer the special marks in a standardized way or fail to use the special marks in a prescribed way shall be ordered by the agricultural and rural administrative departments to make corrections and their illegal gains shall be confiscated; Those who fail to make corrections within the time limit and if the circumstances are serious, may be imposed a fine of between not less than 2,000 yuan and not more than 10,000 yuan on an individual and not more than 50,000 yuan on a unit.
(Source: thepaper.cn)
