This is a monthly newsletter published on the 16th of each month to inform UK stakeholders of recent developments in the Chinese IP environment. The content is collected from publically available sources, where information is often available in Chinese only. Please feel free to forward this newsletter, and contact Su.Hong@fco.gov.uk to be added to/removed from the distribution list. A pdf version is available on the Embassy’s IP webpage. China IP Newsletter (March 2015) Premier Li Keqiang references National IP Strategy, employee inventions in flagship annual speech ... Beijing hosted the Lianghui or "two meetings", the joint annual session of the National People's Congress (NPC – China's legislature) and the China People's Political Consultative Conference (CPPCC – an "upper chamber" of experts and prominent individuals from across Chinese society). During the flagship Government work report, Premier Li Keqiang referenced IP several times, including expressing commitment to implementing the National IP Strategy and to implementing reforms to "service inventions" (employee invention) remuneration. More here (in Chinese) and here (in English). ... whilst other delegates to major political meetings suggest IP reforms A number of other delegates to the Lianghui suggested new IP reforms and commented on existing initiatives. Shanghai Vice-Mayor Zhao Wen suggested unifying administrative responsibility for patents, trade marks and copyright into one Ministry-level department. Shanghai launched a similar measure at local level in 2014. Elsewhere, Wahaha Group CEO Zong Qinghou said the revised Chinese Trademark Law did not sufficiently protect well-known trade marks and prevent infringement, which restricts Chinese companies from developing globally famous brands. Author Zhang Kangkang called for revised payment rates for creators of written and musical works used by Chinese broadcasters and radio stations. And Li Denghai, CEO of Shandong Denghai Seeds Co. Ltd called for criminal penalties for infringement of protected seed varieties. More here, here, here and here (in Chinese). TRADE MARKS & GEOGRAPHICAL INDICATIONS: Madrid system for international trade mark applications to accept Chinese characters World Intellectual Property Organization (WIPO) Director-General Francis Gurry has announced that the Madrid system for international trade mark applications will allow word mark applications for Chinese characters and the Japanese hiragana script. Currently the system cannot process word mark applications in Chinese characters or other Asian scripts. The comments came during an interview with a Japanese newspaper. More here (in Chinese) and here (in English). COPYRIGHT & CREATIVE INDUSTRIES: New regulations announced for the film industry, Copyright Law revisions continue The State Administration of Press, Publication, Radio, Film and Television (SAPPRFT) has announced its forthcoming legislation reform plans. SAPPRFT Minister Cai Fuzhao highlighted a new law to promote the film industry and regulations to promote reading. Work on revising the Chinese Copyright Law will continue, with progress discussed at a Committee meeting of the National People's Congress (NPC) in Beijing during the Lianghui. More here and here (in Chinese). PATENTS, INDUSTRIAL DESIGNS & INNOVATION: Chinese patent applications in Europe rise 13.5% Applications from Chinese residents to the regional phase at the European Patent Office (EPO) reached 4,624 in 2014, up 13.5 % from 2013. China-based technology company Huawei was the 5th ranked EPO applicant with 1,600 applications. More here (in English). OTHER ENFORCEMENT & TRADE SECRETS: Supreme People's Court consultation on draft judicial guidance on interim injunctions The Supreme People’s Court (SPC) has published for public consultation draft judicial guidance on “behaviour preservation”, or pre-trial, interim injunctions. The proposals include changes to the Chinese approach to considering interim injunctions, including adding a "balance of convenience" type test as considered by English courts. The draft outlines detailed factors to consider in assessing irreparable damage, though retains the requirement to assess the applicant's likelihood of success at full trial. The deadline for comments on the draft is March 30, 2015. More here (in Chinese). Chinese courts heard 110,000 civil IP cases at first instance in 2014, prosecuted criminal IP cases The Supreme People's Court has announced that courts across China heard 110,000 IP cases at first instance in 2014, an increase of 10% on 2013 case volumes. Meanwhile, the Supreme People's Procuratorate (SPP) announced that 9,427 people were prosecuted for committing IPrelated crimes in 2014, an increase of 7.1% on the previous year. More here and here (in Chinese). Supreme People’s Court releases five-year reform plan IP reforms are prominent in a plan for China’s court system issued by the Supreme People’s Court. The document Key Tasks in Deepening Reform of the Courts aims to promote the establishment of Intellectual Property Courts and improve specialised procedures for IP trials. More here (in Chinese). If you would like any further information on any of the above matters or to discuss Embassy support for your company in China please contact Su Hong (Su.Hong@fco.gov.uk).
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