China IP Highlights: January 2021 (Issue 3).

29 January 2021

 

Laws & Regulations

 

CPC Central Committee Issued the Implementation Plan Under the Rule of Law of China (2020-2025)
中共中央发布《法治中国建设规划(2020－2025年)》
 

Issue Date: 2021-01-10
 

Effective Date: 2021-01-10
 

The Central Committee of the Communist Party of China issued the Implementation Plan Under the Rule of Law of China (2020-2025) (the “Implementation Plan”), which aims to coordinate and promote the building the rule of law in China.
 

The Implementation Plan states that the following actions should be taken in order to strengthen the protection of intellectual property rights:
 

• Strengthen the development of socialist culture;
   

• Improve laws and regulations on the development of cultural undertakings and cultural industries;
   

• Implement a punitive compensation system for intellectual property rights infringement;
   

• Stimulate and protect scientific and technological innovations;
   

• Improve the construction of specialized courts for intellectual property rights, finance and maritime affairs; and
   

• Strengthen the construction of internet courts, along with improving the supervisory mechanism of the circuit courts of the Supreme People's Court, intellectual property courts, financial courts, internet courts, and more.
   

Source: http://www.gov.cn/zhengce/2021-01/10/content_5578659.htm

 

CNIPA Issued Guidelines for the Use of Basic Intellectual Property Data
国知局发布《知识产权基础数据利用指引》
 

Issue Number: Notice of the CNIPA [2020] No. 1192
 

Issue Date: 2021-01-06
 

Effective Date: 2021-01-06
 

The China National Intellectual Property Administration (“CNIPA”) issued the Guidelines on the Use of Basic IP Data (the “Guidelines”) to improve efficiency of the distribution and utilisation of IP information, develop production and strategic resource value of IP data, and improve IP public services for application by public, innovation and entrepreneur entities.
 

The basic IP data introduced in the Guidelines contain data on patents, trade marks, geographical indications and integrated circuit layout designs published by the CNIPA.
 

The Guidelines clarify the principles, specifies the access, and explains the value and role of basic IP data, enabling users to obtain, interpret and obtain basic IP data more conveniently. It enhances IP capabilities and standards to support economic development for boosting IP innovation in China.
 

Source: https://www.cnipa.gov.cn/art/2021/1/6/art_581_156036.html

 

IP News

 

The Achievements on the Construction of the Trade Mark Information System (2020) were Issued
2020年商标信息化建设成果公布
 

Date: 2021-01-08
 

More than 98.05% of trademark applications in China were applied for online in 2020, among which 94% were applications for trademarks under the international Madrid system. In addition, the online trademark application rate in 2020 increased by nearly 17 percentage points compared to 81.29% in 2016. By the end of 2020, the system had around 178,800 registered users, 14 times as many users as in 2016. The data demonstrates that during the 13th Five-Year Plan period, the CNIPA has actively implemented the State Council's government (放管服) reform, facilitated trademark registration reform, and increased the construction and convenience of the trademark information system.
 

The Trademark Office of the CNIPA will continue to promote the “one-stop online business, government and information service system” to improve the quality of public trademark services.
 

Source: https://www.cnipa.gov.cn/art/2021/1/8/art_53_156125.html

 

Case Spotlight

 

Ten Typical Cases of 2020 Sword Net Action were Released
“剑网2020”专项行动十大案件发布
 

Date: 2021-01-16
 

Recently, ten typical cases of online copyright infringement investigated during the SwordNet 2020 (剑网2020) campaign were selected and published. The SwordNet campaign is a joint action initiated between the National Copyright Administration, the Cyberspace Administration of China, the Ministry of Industry and Information Technology and the Ministry of Public Security, which cracks down on online piracy and copyright infringement on works such as books, movies, music, games, software, and images.
 

Ten typical cases are as follows:
 

1. Huai’an, Jiangsu "2·22" case on the sales of infringing and pirated books.
    

2. Shanghai "3·12" case on the alleged production and sale of infringing and pirated books.
    

3. Kaifeng, Henan case of Defendant Tan, who was suspected of selling infringing and pirated teaching aids.
    

4. Jiangmen, Guangdong case of Defendant Yang, who was suspected of copyright infringement of film and television works.
    

5. Dandong, Liaoning case of Defendant Su and others, who were suspected of selling infringing and pirated teaching materials.
    

6. Nanchang, Jiangxi "0791DJ Music Network" case on the copyright infringement of musical works.
    

7. Chuzhou, Anhui case of Defendant Cheng, who was suspected of software copyright infringement.
    

8. Yueyang, Hunan "3·25" case on the infringement of online game copyright.
    

9. Beijing Youyu Tong Education copyright infringement case.
    

10. Shanghai Xiguang Tech case on the copyright infringement of photographic works.
     

Source: http://china.cnr.cn/gdgg/20210116/t20210116_525392120.shtml
 

 

Nandi (Landy) Jiang, Partner, Rouse

ljiang@lushenglawyers.com