Peimeng · April 12-18 China IP Weekly Newsletter
01 Public welfare posters for the China Intellectual Property Publicity Week in 2021 were released
On April 20, 2021, China Intellectual Property Publicity Week 2021 with the theme of "Comprehensively Strengthening IPR Protection and Building a New Development Pattern" will kick off. Today, the high-profile poster of the Week will be unveiled first! The Office of the Organizing Committee of China Intellectual Property Publicity Week will authorize posters for public benefit to relevant departments or institutions in need. When using posters, relevant departments or institutions should mark the copyright owner and the source of the posters according to the requirements, and do not change the arrangement order and layout design of a set of four posters at will.
02 More than 70 film and television companies issued a joint statement, Call for short video platforms raise copyright awareness
On the evening of April 9, 2021, 53 film and television companies, five video platforms and 15 film and television industry associations issued a joint statement, announcing that they will launch a collective and necessary legal action against unauthorized editing, slicing, moving and spreading of the content of film and television works online. At the same time, the statement called on producers and operators of short video platforms and public accounts to raise awareness of copyright, and called on all sectors of society to report, delete and block infringing content, so as to form a good industry ecology of "authorization before use".
The joint statement sponsors include midday sun, co-sponsored by the film and television, twist of the film and television, CiWen media, new media, Shanghai yaojiang guest well-known film and television company, such as iQIYI, tencent video, youku, mango TV, Migu video platforms such as video and TV art exchange association, the China China's TV series production industry association, film and television industry association, etc.
In particular, the statement highlighted unauthorized re-creation of video content in the short video sector. One of the "key objects" of copyright protection is in the field of short videos and the other is in the secondary creation of film and television works, which makes Douyin, B website and Kuaishou, which focus on the secondary creation of film and television works, come to the center of the topic again.
Source: jiemian News
03 DJI launched the intelligent driving business brand "DJI vehicle-mounted", which has applied for related trademarks and patent
April 13, 2021
On April 12, 2021, DJI officially launched its intelligent driving business brand "DJI vehicle-mounted", which is committed to enabling travel with intelligent space technology and focusing on the development, production, sales and other services of intelligent driving system and its core components. The DJI vehicle-mounted will be unveiled at the Shanghai auto show on April 19.
Before March 29, Shenzhen DJI Innovation Technology Co., Ltd. applied for the registration of "DJI vehicle-mounted" related trademarks, international classification for scientific instruments, transportation tools, website services, etc., the current trademark status is "trademark application".
In addition, the company also disclosed a patent entitled "Vehicle Control Method, Vehicle Control Device, Vehicle and Computer Readable Storage Medium", the disclosure number is CN112166069A, which is classified as a trackless land vehicle. Patent summary: vehicle control method includes the position of the reference point of the vehicle information and speed information, the stability of the reference point is located in the vehicle area, according to the reference point position and speed information, control the steering wheel to the steering wheel direction, in order to control vehicle in from the steering wheel to the steering wheel in the direction of the movement, etc.
Source: Jiemian News
04 Alibaba was fined 18.2 billion yuan for its monopoly!
In December 2020, the State Administration for Market Regulation filed an investigation against Alibaba Group Holding Co., Ltd. (hereinafter referred to as Alibaba Group) for abusing its dominant market position in the online retail platform service market in China in accordance with the Anti-Monopoly Law.
According to the investigation, Alibaba Group has a dominant position in the online retail platform service market in China. Since 2015, alibaba group, the dominant market position, abuse within the platform on merchants "alternative" request, ban merchants set up shop in other competitive platform or platform to participate in promotional activities, and with the help of the rules of market forces, platform and data, algorithms and other technical means, take a variety of rewards and punishments measures to guarantee execution "alternative" requirement, Maintain and enhance their own market power and gain unfair competitive advantages.
The investigation shows that Alibaba Group's implementation of the "one or the other" behavior excludes and limits the competition in the service market of online retail platforms in China, impedes the free circulation of goods, services and resources, affects the innovative development of platform economy, infringes the legitimate rights and interests of merchants on the platform, and damages the interests of consumers. Paragraph 1 (4) of Article 17 of the Anti-Monopoly Law prohibits the abuse of dominant market position by "limiting the counterparty to trade with the counterparty without justifying reasons".
In accordance with the provisions of Article 47 and Article 49 of the Anti-Monopoly Law, and taking into account the nature, extent and duration of Alibaba Group's illegal acts, the State Administration for Market Regulation made an administrative punishment decision on April 10, 2021, ordering Alibaba Group to cease its illegal acts. It also imposed a fine of 4 percent of its 2019 sales in China of 455.712 billion yuan, totaling 18.228 billion yuan. At the same time, in accordance with the principle of combining punishment with education in the Administrative Punishment Law, it issued the Administrative Guidance to Alibaba Group, requiring it to make comprehensive rectification in strictly implementing the main responsibility of enterprises on the platform, strengthening internal control and compliance management, maintaining fair competition, and protecting the legitimate rights and interests of merchants and consumers on the platform. In addition, it has submitted self-inspection compliance reports to the State Administration of Market Supervision for three consecutive years.
Source: Xinhua News Agency, ShishuoXinyu
05 Meituan again lost for unfair competition New anti-unfair competition law apply to food delivery for the first time
Apirl 15, 2021
According to Cailian Press April 14, 2021, the Huai 'an Intermediate People's Court in Jiangsu province has ruled on unfair competition by Meituan.
This case is the first case of infringement of unfair competition in the food delivery sector identified in Article 12 of the Anti-Unfair Competition Law of the People's Republic of China, which came into effect on January 1, 2018.
Beijing SanKuai Technology Co Ltd (Meituan) will pay 352,000 yuan in compensation to Shanghai Lazarus Information Technology Co Ltd (Ele. me), according to the civil judgment.
Source: Cailian Press
06 Top penalty 2 million Yuan! Beijing penalizes 360 search for false illegal advertising case
April 14, 2021
On April 13, 2021, the Beijing Bureau of Market Supervision completed the investigation into the case of false illegal advertisements published by 360 Search, which was exposed by the CCTV March 15 Gala, and made a fine of 2 million yuan of administrative punishment decision to Beijing Haosoudianjing technology Co., Ltd.
After investigation, the advertising agency involved in the process of acting and uploading advertising, need to submit the "360 Dianjing software" to Beijing Haosoudianjing technology Co., Ltd. It can only be released after approval. However, the company did not implement the advertising review and release system, and did not check the content of the published advertising, resulting in the release of false illegal advertising. The above behavior of the company has violated the relevant provisions of Article 4, Article 28 and Article 34 of the Advertising Law of the People's Republic of China, and the Beijing Municipal Bureau of Market Supervision has made a penalty decision of RMB 2 million on the company according to Article 55 of the Advertising Law of the People's Republic of China. Related advertising agents suspected of illegal case clues have been transferred to the local market supervision departments.
Source: National Business Daily
07 Yuanqi Forest apologizes for promoting 0 sugar
On April 10, 2021, Yuanqi Forest issued an apology statement on its official Weibo account, saying that the difference between "0 sugar" and "0 sucrose" was not stated in the logo and promotion of milk tea products, which could easily lead to misunderstanding among consumers. The packaging of most of the forest milk tea produced since February 4 and all of the forest milk tea produced since March 18 has been changed from the original "0 sucrose and low fat" to "low sugar and low fat". The raw materials of all the forest milk tea produced since March 20 no longer contain crystalline fructose.
At the same time, Yuan Qi forest reminds a way: "milk tea has milk so it has sugar."
Founded in 2016, Yuanqi Forest quickly occupied the market and became the domestic web celebrity beverage brand with 0 sugar, 0 fat, 0 calories, high appearance level products and multi-channel marketing. On April 9, Yuanqi Forest completed a new round of financing at a post-financing valuation of $6 billion. In just 4 years, Yuanqi Forest has achieved a soaring valuation from 0 to tens of billions of yuan.
Source: EqualOcean
08 The IP Industry Outlook 2021 was released
April 14, 2021
On April 2, 2021, intellectual property service provider NovumIP released the IP Industry Outlook 2021.
The report is based on interviews with more than 500 IP professionals around the world. The main survey is as follows:
The biggest challenges facing the IP industry, including how the outbreak affects access to and management of IP portfolios;
Priorities for IP investment in 2021 and beyond, including areas where IP professionals want the IP industry to develop;
The role of IP service providers, including opportunities for suppliers to enhance their products and services to better serve IP departments and law firms;
The impact of industry consolidation on IP professionals, including IP professionals' views on IP management technologies, costs, future priorities, etc.
According to the report, the COVID-19 pandemic has led to a dramatic change in the way IP professionals manage their patent and trademark portfolios, which most IP professionals are optimistic about as the IP industry consolidates and becomes more globally integrated. But the main concern is that IP owners and their advisers are facing the need to find more effective ways to address their portfolio management challenges while focusing on the long-term strategic value of IP.
To address these challenges, the report identifies three key pain points for patentees in the post-epidemic era: adding value to the IP portfolio, reassessing IP strategies and technologies, and reducing costs and complexity.
Source: https://www.novumip.com/en/benchmark/
09 LG and SK have settled a multi-billion dollar dispute over electric car batteries
April 13, 2021
LG Energy Solution and SK Innovation have resolved a multibillion dollar trade secrets dispute over electric vehicle (EV) batteries, sidestepping a USITC decision that would have barred SK from importing its batteries into the US.
In a joint statement from the two South Korean companies, LG and SK announced they will be dropping all litigation and have signed a non-assertion agreement covering the US or South Korea for the next ten years.
As part of the agreement, SK will pay LG ₩2 trillion ($1.8 billion), comprising several lump-sum payments as well as running royalty fees.
"LG Energy Solution and SK Innovation have decided to settle to compete in an amicable way, all for the future of the US and South Korean electric vehicle battery industries," said Jong Hyun Kim, CEO and President of LG Energy Solution and Jun Kim, CEO and President of SK Innovation.
The decision handed down from the US International Trade Commission (USITC) in February, ruled that SK Innovation had violated key LG battery patents and hit SK with a ten-year import ban on its batteries into the US.
This decision would have severely disrupted business for automakers planning to build vehicles in the US—including Ford and Volkswagen—who had struck deals with SK to supply EV batteries.
Source: World IP Review
The Origional Link: https://www.worldipreview.com/news/lg-and-sk-settle-ev-battery-dispute-21262
10 Suzhou: A sample city for industrial upgrading
April 14,. 2021
Suzhou: fertile land for innovation breeds industrial upgrading
The world-renowned "Made in Suzhou" has laid a solid foundation for the development of Suzhou. The gross industrial output value above scale has been ranked among the top three in China. The accumulation of scientific and technological innovation has brought new vitality to Suzhou's take-off. The output value of high-tech industry and strategic emerging industry accounted for 50.9% and 55.7% respectively. There are nearly ten thousand high-tech enterprises in Suzhou. Suzhou leads the country in the fields of bio-medicine, new-generation information technology, nanotechnology and artificial intelligence. The output value of the four leading industries reached 871.8 billion yuan, up 11.5% year on year, among which the output value of the bio-medicine industry reached 118.7 billion yuan. Traditionally, Suzhou has focused on labor-intensive industries and concentrated efforts on industrial transformation and upgrading, with remarkable performance.
Protection of intellectual property is protection of innovation: three-dimensional protection builds "green wall"
Suzhou has actively explored the work mechanism and system construction of intellectual property protection, strengthened intellectual property protection in the whole chain and protected the innovative development of enterprises from the aspects of improving the protection system, strengthening the supervision of law enforcement and increasing the punishment of infringement. The recently issued Measures on Strengthening IPR Protection and Promoting Pilot Trial in the Yangtze River Delta Ecological and Green Integrated Development Demonstration Zone is also an innovative practice to explore the concept of "not breaking administrative subordination and breaking administrative boundaries".
Suzhou has made remarkable achievements in intellectual property, with a number of intellectual property indicators leading Jiangsu Province. A number of work in the field of intellectual property has been carried out first in the whole country:
It was approved to take the lead in the construction of a pilot technical support system for the inspection and identification of IPR infringement disputes in China;
Establish and operate the only intellectual property operation guide fund among prefecture-level cities in China;
An intellectual property service center for listing enterprises will be established.
The China Intellectual Property Conference was held in Suzhou: to add a spark to the high quality development of Suzhou.
On November 8, 2021, CIPAC warmly invites you to join us!
Source: CIPAC
