Macau is one of two Special Administrative Regions (SAR) of the People's Republic of China. Registering your patents in China Mainland and Hong Kong doesn't give you protection in Macao, so it’s necessary to file Macau Patents if you want to obtain patent protection in Macau.
Many applicants want to make amendments in accordance with the claims of the corresponding foreign patent(s) when responding to the office action(s) of Chinese patent, especially when these corresponding patent(s) have been or are to be granted.
When receiving a notification of refusal for a trademark application, many applicants may choose to file an appeal arguing the significant difference between the applied trademark and cited trademark. However, the unilateral argument cannot always persuade the examiners even though the differences do exist.
Patent right is the exclusive right that the owner of an invention-creation enjoys in accordance with the patent law which is a kind of intangible property rights. For patentees or producers, it is necessary to understand the relevant legal provisions of infringement to protect their rights or avoid the risk of patent infringement and know the infringement conditions and relevant infringement or non-infringement acts.
The patent exploitation license refers to the owner of patented technology, or its granted person permits other peoples to exploit his patent in a certain period of time, a certain area and a certain manner, and charges licensee for use. The patentee is the licensor, and the person allowed to exploit is the licensee.
A recent intellectual property case saw an applicant have to abandon three Chinese invention patent applications. The applications were deemed to lack novelty while his reference documents were published in advance by the applicant. Subsequently, he had no choice but to accept the decision and abandon the patent applications.
As intellectual property protection is generally territorial in nature, applying for registration of a design in Mainland China or elsewhere in the world does not automatically give registered design protection in the Hong Kong Special Administrative Region. Therefore, if someone intends to manufacture, import, sell or offer for hire his design product (or license someone else to do so) in the Hong Kong SAR, he will need to register his design in the Hong Kong SAR.
For companies and individuals, no matter when they files a design patent for their own products or when their own design patents are declared invalid, it often involves the determination of whether the patented design and the comparative design are substantially identical.
Intellectual property rights are getting more and more attention, and they say that “the product is not moved, the patent comes first”, which also shows the importance of using patents to protect your own technology, but due to various reasons, you may encounter a situation where you did not file a patent for your technology in time, while others use the patent to sue you for infringement.
Jimmy Choo, a global luxury fashion brand, is favored by many celebrities. Lots of people know about this brand because of women's shoes. Women's shoes are the core product of this brand. To protect its interests, Jimmy Choo is cautious about the safety of its trademarks in class 25. They are always taken action against the trademarks contained "CHOO."
For most companies running business in China, they may firstly consider registering their brand as a trademark to avoid copycats and fake products but may not pay much attention to copyright registration for its logo. In fact, both a trademark and copyright are available for the right owners to protect their brand though they’re different system. Knowing the differences between them helps you to better build up the IP protection systems and avoid most risks of infringement.
During the search and examination stage of an international application, if the International Searching Authority (ISA) determines that the international application lacks unity of invention, the examiner will notify the applicant and issue the Invitation to Pay Additional Fees which indicates the number of additional inventions and fee per additional invention and the total amount that should be paid.
Under the laws available in China, Intellectual Property right (hereinafter referred to as IPR) holder records IPR at the General Administration of Customs of the Peoples Republic of China (hereinafter referred to as GACC) is an effective w
The State Intellectual Property Office of China has drafted "Regulations on Regulating the Registration of Trademark Applications (Draft for Comments)" and its explanations. People from all walks of life could raise their opinions of the dra
On July 30, 2019, the Regents of the University of California (UC) filed a complaint against five major retailers, including Amazon, Walmart, Target Corp, Ikea AB, and Bed Bath & Beyond Inc, for the unauthorized distribution of UC Santa Barb
At present, patent infringement compensation is subject to the compensatory damages (Article 65 of the Patent Law), that is, the compensation obtained by the right holder is used to make up for his actual losses and cannot exceed his actual
Recently, an online National Day campaign was launched by Tencent, adding the national flag on the Wechat profile picture. Afterward, a blogger put forward his view that it is illegal to use the national flag as a Wechat profile picture. So
【Background】 The epidemic of new coronavirus pneumonia has received continuous attention. On February 4th, Wuhan Institute of Virology, Chinese Academy of Sciences announced on its official website that its research results based on the
When you came up with an idea to implement a business model and put it into practice, did you think about protecting it? Or even patent it for protection? In April 2017, CNIPA (i.e. the Chinese patent office) revised its patent examination g
To provide applicants with more examination mode choices, the examination term can be better coordinated and matched with the market operation of patents to meet the diverse needs of innovative entities. The Guidelines for Patent Examinatio
Abstract: The trademark in dispute is in class 25 with registration No.6020578 registered by Qiaodan Sports. It contains an image - a basketball player in midair attempting a layup, and two Chinese characters 乔丹. This trademark was requ
BACKGROUND On February 21, 2011, a Chinese, Zhu Dongliang, hereby referred as to the defendant) filed the trademark application for Weimi and registration was indeed granted with the number 9132008 on class 3, covering goods of cosmetics, e
Affected by COVID-19, the probability of a delay of the time limit in patent application is higher. To facilitate the parties to go through the relevant procedures for restoring their rights, CNIPA issued Announcement No. 350 where the part
With the development and popularization of the Internet, kinds of information published on the Internet have become a new form of statutory evidence. According to the provision of the Patent Examination Guidelines , the information existing
Recently, the USPTO (the United States Patent and Trademark Office) has published a petition decision explaining that, under current law, only natural persons may be named as an inventor in a patent application. It made clear that AI cannot
When someone holds his/her patent to warn you, when someone gets a patent based on your creation, the usual measure you can take is to initiate a patent invalidation procedure for this patent, but the invalidation procedure requires a lot of
In the practice of substantive examination for inventions in chemistry or medicine, the technical effects often depend on experimental data. However, in many cases, it is difficult for the applicant to search for all the prior art before fil
In terms of regulations for trademark infringement in China, i.e., the Trademark Law , it rules that the amount of damages for infringement shall be determined according to the actual losses and the benefits acquired by the infringer. The re
Canceling trademarks of non-use for three consecutive years is a procedure that plays a vital role in the Trademark Law . Every country has a similar or the same procedure where it targets for removing non-use trademarks and urging the trade
The Madrid System is a convenient and cost-effective solution for registering and managing trademarks worldwide. Applicants only need to file a single application and pay one set of fees to apply for protection in the designated contracting
China adopts an early publication and delayed examination system for invention patent applications. After the patent application is published, it is possible for a third party to know and implement the content of the invention. So during the
The China National Intellectual Property Administration (CNIPA) published the Trademark Infringement Judgment Standard (hereafter referred to as Standard ) on June 15, 2020, which is a guideline for the administrative department in a tradem
Sometimes, after filing the invention patent application, you may find some defects in your application documents, or want to amend or add some content. At this point, you may adopt the following measures to amend the invention patent applic
After filing an application, as the applicantor inventor,sometimes you may want to change the recorded name for various reasons such as transfer of patent rights, change of nameor the wrongfillofname. In these occasions,what can youdo to co
The Government Service Platformof t he Peoples Republic of China National Intellectual Administration (CNIPA)providesthree patent query systemsfor the public to search for patents and obtain information andpublicationtextofpatentsincluding
For a Chinese national trademark, the opposition window opens after the substantive examination completed. CNIPA will issue a Notification of preliminary approval of the trademark application and publish the trademark application on the Tra
Different countries have different standards for the Drawings or Photographs for design patent applications. As applicants, how to prepare Drawings or Photographs under the present patent law for design patent application in China? I. Legal
For trademark applicants who want to apply for trademarks with geographical names in China, they may meet difficulties because geographical names, such as names of foreign countries, cities, counties, or areas are prohibited to be used as a
Examination opinionsmay be issuedwhere the CNIPA believes the trademark applicationviolating the Trademark Law, but if there is possibility of complying with the exceptional rules or other similar circumstances, the examiner willaskthe appl
The fourth revision of the Chinese Patent Law , which will be formally implemented on June 1, 2021 adds an applicable circumstance of non-loss of novelty. This article will introduce the applicable circumstances of non-loss of novelty and h
On October 17, 2020, the fourth amendment of the Chinese Patent Law was finally passed and will come into force on June 1, 2021. The main content of this revision is to safeguard the legitimate rights and interests of patentees, enhance the
In order to resolve patent disputes related to pharmaceutical registration and marketing, China has begun to explore the establishment of a pharmaceutical patent linkage system since 2017. China and the United States signed the phase one ec
Trademark opposition procedure is applied to published trademarks that passing the substantial examination by the Trademark Office. Regarding a Chinese national trademark application, if any party wishes to oppose a trademark application, t
In recent years, with the rapid development of the Chinese economy and technology, the number of patent applications and authorizations in China has continued to grow and come out among the top in the world. In 2019, China continued to rank
The fourth revision of the Chinese Patent Law , which will be formally implemented on June 1, 2021, has made many substantial changes to the existing patent system, which have important and far-reaching effects. Among them, in order to furt
The function of a trademark is to identify the source of goods or services in commerce. Once a trademark is registered, the owner should use it on the approved goods or services in the commercial. Otherwise, it will be likely canceled by tr
Recently, the Beijing Intellectual Property Court affirmed the invalidation of the trademark 绿灯侠(Green Lantern) applied by a Chinese lamp factory because the trademark violated prior rights and interests enjoyed by Warner Bros. Entert
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Once the trademark is approved for registration, anyone can file an invalidation against the registered trademark according to the absolute and relative grounds. The trademark examiner will determine whether the registered trademark violate
WIPO recently released the latest statistics on intellectual property data for 2020. In term of volume, invention patent filing around the word numbered 3.2 million, applications for utility models-a special form of patent right-grew by 9.1
Since the outbreak of the Covid-19, many companies have faced operating difficulties, and most of them choose to cut wages and layoff, and reduce expense etc., to reduce operating costs. For companies with a large number of patent applicati