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For the purposes of implementing earnestly General Secretary XI Jinping’s important directive spirit regarding intellectual property work and the deployment requirement of the 20^th National Congress of the Communist Party of China (CPC) on "strengthening the legal protection of intellectual property", further improving the trademark system, solving the prominent problems in the field of trademark, and promoting the high-quality development of the socialist market economy, the China National Intellectual Property Administration (CNIPA) has actively promoted the revision of the Trademark Law of the People's Republic of China and has drafted the Trademark Law (Revised Draft for Comments) which is now open to the public for comments. Relevant departments and people from all walks of life can put forward specific suggestions centering on amendments and improvement of the Revised Draft for Comments by February 27, 2023 through the following ways:

I. E-mail suggestions to: [email protected].

II. Fax: 010-62083681.

III. By mail to: No. 6, Xitucheng Road, Haidian District, Beijing, CNIPA, Department of Treaty and Law, Division II, postcode 100088 (please note "the Trademark Law" in the lower left corner of the envelope).

Attachments:

1. The Trademark Law (Revised Draft for Comments).pdf

2. Clarification on the Trademark Law (Revised Draft for Comments).pdf

3. Amendment comparison sheet of the Trademark Law (Revised Draft for Comments).pdf

CNIPA

January 13, 2023

(Source: website of CNIPA)

In order to widely promote people's understanding of intellectual property, we celebrate World Intellectual Property Day on April 26 every year. The theme of 2023 World Intellectual Property Day is Women and IP: Accelerating Innovation and Creativity.

While levels of intellectual property (IP) awareness are arguably higher than ever before, there are still many sectors of society that include women, where there is an enduring need to improve awareness and understanding about the critical role that IP plays in driving innovation and creativity, business growth and sustainable development.

Women make up nearly half of the global population (49.58%). While women in all regions are shaping the world through their imagination and ingenuity, they face many challenges and their innovative and creative potential remains largely underutilized.

Despite modest progress, women remain seriously under-represented in terms of their use of IP rights. As a result, too few women are benefitting from the IP system. At a time when building economic resilience for recovery is a top priority, connecting women with the IP system to accelerate innovation, creativity and business growth, is more important than ever. It makes economic sense and it is the right thing to do.

(Source: CNIPA WeChat Official Account)

From March 1, 2023, CNIPA, as the receiving office, will no longer accept the PCT international application documents filed by fax and any documents or letters related thereto after the application. PCT international applicants can submit the PCT international application documents in electronic or paper form to CNIPA and handle relevant business by using the client terminal and website of "Patent Business Handling System" (https://cponline.cnipa.gov.cn).

It is hereby announced.

CNIPA

February 3, 2023

(Source: website of CNIPA)

On January 11, the CNIPA launched a brand-new Patent Business Handling System, providing an efficient and convenient "one-stop" handling platform for patent applications, PCT international patent applications, international applications for design, and other businesses.

The newly launched Patent Business Handling System integrates and optimizes several business systems, such as electronic patent applications, online supplement and management of patent payment information, patent affairs services, PCT international patent applications, and international applications for design, and improves user experience by providing web versions, as well as mobile and client terminals. After completing the user's registration information and logging in through the unified identity authentication platform, a registered user can submit various patent applications and requests for patent reexamination and invalidation announcement, receive various electronic notifications, decisions and other documents issued by the Patent Office of the CNIPA, pay patent fees, go through patent legal procedures and patent affairs services and the like.

The system integrates the payment system, adds functions such as bill service, fee query, temporary storage, and supports multiple payment methods; adds patent evaluation reports and withdrawal of patent applications in batches, and other batch businesses, reduces the operation frequency of applicants, and improves the efficiency of business handling; extends the scope of data automatically transmitted with domestic and foreign organizations to promote more data transmission and less trouble for the masses.

(Source: website of CNIPA)

CNIPA Announcement No. 515

In order to implement earnestly the decision and deployment of the CPC Central Committee and the State Council on strengthening the digital government construction, and continuously improve the level of informatization and facilitation of patent examination services, the CNIPA has fully implemented electronization of patent certificates since February 7, 2023 (inclusive).

Where the party involved applies for and obtains patent authorization in electronic form, he or she may download the electronic patent certificate through the Patent Business Handling System; where the party involved applies for and obtains patent authorization in paper form, he or she may download the electronic patent certificate in accordance with the method notified in the Notice to Claim the Electronic Patent Certificate.

It is hereby announced.

CNIPA

January 19, 2023

(Source: website of CNIPA)

In order to thoroughly and earnestly implement the deployment of the National Intellectual Property Protection and Use Plan for the 14th Five-Year Plan Period on strengthening the source protection of intellectual property, intensify the quality supervision of intellectual property application for registration, guide relevant market entities to follow the principle of integrity, honesty and credibility in the process of trademark application for registration and use, promote the socialist core values, and safeguard public order and good customs, the CNIPA has organized compilation of the Guidelines on Prohibiting Signs Used as Trademarks for the reference of relevant market entities.

Attachment: Guidelines on Prohibiting Signs Used as Trademarks.pdf

(Source: website of CNIPA)

In order to thoroughly and earnestly implement the deployment of the National Intellectual Property Protection and Use Plan for the 14th Five-Year Plan Period on strengthening the source protection of intellectual property, intensify the quality supervision of intellectual property application for registration, further clarify the prohibitive provisions, stability risks and rights boundaries of the application for registration of trademarks including geographical names, guide trademark applicants and users to follow the principle of integrity, honesty and credibility and prevention of abuse of rights, and correctly apply for registration and use trademarks, the CNIPA has organized compilation of the Guidelines on Application for Registration and Use of Trademarks Including Geographical Names for the reference of relevant market entities.

Attachment: Guidelines on Application for Registration and Use of Trademarks Including Geographical Names.pdf

(Source: website of CNIPA)

Case Brief

Beijing North Star Industrial Group Co., Ltd. (hereinafter referred to as "the North Star Group") and its affiliated companies have created several "Tops of Olympic" in the two decades following undertaking the construction of the venues for the 11th Asian Games in Beijing since the 1990s. The North Star Group and its affiliated companies have not only successively undertaken the construction of venues for the 2008 Beijing Olympic Games, venues for the 2022 Beijing Winter Olympic Games, the China National Convention Center and other large-scale government projects, but also have developed and constructed dozens of commercial and residential projects under " ", " " real estate throughout the country, and repeatedly won the "China TOP 100 Real Estate Developers - Top 100 Stars", "China TOP 10 Real Estate Comprehensive Developers", "TOP 10 Leading Brand of China Comprehensive Real Estate Companies – Composite Real Estate", "TOP 10 Leading Brand of China Comprehensive Real Estate Companies", "Award of Most Livable and Best House" and so on, and have high popularity and influence in the industry.

In 2020, a real estate company in Zhejiang Province and in 2021 a real estate company in Hunan Province respectively highlighted the use of "North Star Sunshine City", "North Star Masterwork", "North Star Mansion", "North Star" and other sued logos for publicity, promotion and sales at the marketing site of the real estate property involved, the prominent position of WeChat official account, relevant publicity and marketing advertisements, delivery site and other locations. In order to effectively safeguard the "North Star" brand, the North Star Group entrusted Unitalen Law Office to file a trademark infringement and unfair competition lawsuit to the Haidian Court and launch the first civil rights protection action for the "North Star" real estate brand.

Court Judgement

The People's Court of Haidian District of Beijing made judgments in favor of North Star Group, separately: first, it was ruled that the defendants in the two cases shall immediately stop infringement of the trademark involved and unfair competition; second, it was ruled that the defendants in both cases publish statements on their WeChat official account or official website for 48 consecutive hours to eliminate the impact; third, the defendants in the two cases were ordered to compensate the North Star Group for economic losses and reasonable expenses of 1.08 million yuan and 2.1 million yuan, respectively.

Typical Significance

This is the first case of the North Star Group defending its rights through civil litigation for the protection of its real estate brand. Unitalen's attorneys comprehensively analyzed the licensing fee of the trademark of ownership, the net profit rate of the real estate industry, the brand premium rate and other data, and investigated the real estate trademark infringement cases, providing the Haidian Court with the multi-angle basis for the calculation of damage compensation, and finally obtained more than one million compensation, better maintained the real estate brand value of "North Star", and also built confidence for the obligees in the field of specialized real estate services to safeguard their rights.

Case Brief

Baidu Online Network Technology (Beijing) Co., Ltd. (hereinafter referred to as Baidu Company), which is mainly engaged in Internet search engine services, applied for the registration of the trademark "Baidu" on the services "providing computer information through computer information network" and the like in Class 42 on March 16, 2000. After years of continuous publicity and use, the trademark "Baidu" has gained high popularity in the field of Internet search. Beijing Jingbaidu Catering Management Co., Ltd. (hereinafter referred to as Jingbaidu Company) was established in January 2012. After that, it has successively set up its third branch, eighth branch and other branches, covering catering services, catering management, etc. Jingbaidu Company and its branches highlight the use of "Baidu" and the logo containing "Baidu" as characters on storefront signboards, decorative plaques, beverage cabinets, menus, advertising, packaged chopsticks, tissue boxes, billing receipts, ceiling lights, etc. at the site for business operation, and also use the aforementioned logo on WeChat official account and Meituan APP. Baidu Company claimed that its trademark "Baidu" constituted a well-known trademark, and Jingbaidu and its branches infringed its trademark ownership, and requested to order Jingbaidu Company and its branches to stop the infringement and eliminate the impact. The applicable punitive compensation was calculated as three times of the infringement profits, thus the amount of compensation was 4.95 million yuan and the reasonable expenses were 50000 yuan.

The court of first instance held that the evidence on record could prove that the trademark "Baidu" of Baidu Company had become a well-known trademark known to the relevant public in China at the time of the sued act. Jingbaidu Company and its branches have highlighted the use of "Baidu" related logos in their business activities, which has infringed on Baidu's trademark ownership. With regard to this part of infringement, the court of first instance supported Baidu's request for punitive compensation. According to the annual and monthly profit statements and other financial data submitted by Jingbaidu Company and its branches related to the sued acts from October 2016 to September 30, 2019, the total business profit was calculated to be 926,710.61 yuan, and the average annual business profit was 308,903.54 yuan. The duration of the sued behavior was 5.25 years. Considering the significance and popularity of the trademark "Baidu" and the specific circumstances of the sued behavior, it was determined that the contribution rate of the trademark "Baidu" to the infringement profit was 35% as appropriate. The amount of punitive compensation shall be calculated by three times based on the comprehensive consideration of the subjective fault degree of infringement, the duration of infringement, the profit brought by infringement and the damage caused on Baidu Company. Calculation formula: 308,903.54 yuan × 5.25 years × 35% × (1+3) = 2,270,441 yuan. In the first instance, Jingbaidu Company and its branches were ordered to pay a compensation of 2,270,441 yuan for Baidu Company's economic losses. The second instance upheld the calculation method and amount of punitive compensation in the first instance.

Typical Significance

This case is a typical case to standardize the calculation of punitive compensation. The calculated amount of punitive compensation shall be the sum of the amount of filling-up compensation and punitive compensation, that is, the total amount of compensation applicable to punitive compensation shall be the sum of the cardinal and the product of the cardinal and multiple. First, the cardinal should be determined. The court of first instance of this case calculated the cardinal based on the profit from infringement according to Baidu Company's request. The profit from infringement can be calculated according to the business profit of the infringer. Moreover, the contribution of intellectual property should be taken into consideration. Second, the multiple of punitive compensation should be determined. The application of punitive compensation should emphasize the principle of application by law, positivity and prudence, and pay attention to the relative accuracy of the compensation cardinal and the rationality of the multiple.

(Source: Higher People's Court of Beijing)

At the beginning of the new year, Unitalen received a warm commendation letter from the client Trendy Group. In the letter, Trendy Group highly recognized Unitalen's high-quality service and exquisite business in the fields of intellectual property protection and rights protection, advertising compliance, unfair competition, and highly praised the serious and responsible work attitude of Unitalen professionals such as ZHANG Yazhou, LI Yonghang, DONG Yiwen, CHANG Baoliang, DAI Jian, and MA Weifeng, speaking highly of them in the process of providing legal services for their morality and emphasis on law, professionalism and efficiency, dedication and integrity. They are worth of the role model!

Recently, China Trademark Association announced the list of "2021-2022 Excellent Trademark Agency". Unitalen Attorneys at Law has continued to win the title of "2021-2022 Excellent Trademark Agency" for its outstanding strength, excellent performance and good industry reputation in trademark agency services for a long time. At the same time, Unitalen's trademark agents ZENG Zhen, DU Juan, TIAN Hui and XU Si, with outstanding achievements and excellent business ability, stood out from many participants and won the honorary title of "Individual Trademark Agent Gold Service"!

Recently, Unitalen partner and Attorney at Law ZHANG Yazhou was specially appointed as an expert of Beijing Software and Information Service Industry Association (BSIA) due to his foresight, sagacity and good social reputation in the field of software and information services intellectual property protection, especially in the field of foreign-related intellectual property rights protection.

Recently, Ray Lei Zhao, senior partner and attorney at law of Unitalen, received a notice from the selection committee of Leaders in Law-2022 Global Awards and was awarded the title of Trademark Law Expert of the Year.