15 April 2021
Laws and Regulations
CNIPA Issued the Key Points of the Local Intellectual Property Business Acceptance Window in 2021
国知局印发《2021年地方知识产权业务受理窗口工作要点》
Date: 2021-04-16
The China National Intellectual Property Administration (“CNIPA”) recently issued the "Key Points of Local Intellectual Property Service Counters in 2021" (the "Key Points") to integrate and optimize patent offices and trademark service counters, enhance service functions, strengthen ‘one-stop’ services, and increase efficiency in managing the reform of intellectual property institutions.
According to the Key Points, the integration of patent and trademark services will be accelerated, and logos, official websites and public accounts will be standardized for service windows that have been announced. Relevant business notices, service manuals and promotional materials will be gradually issued under the new names. Moreover, the relevant localities will support the qualified service counters to undertake projects such as the promotion of patent navigation services, conversion and application of intellectual property rights, intellectual property financial services and participate in the construction of trademark brand help centers and promote services for geographical indication applications, in order to build a comprehensive service platform and efficient use of intellectual property rights.
Source: https://www.cnipa.gov.cn/art/2021/4/9/art_75_158267.html
IP News
CNIPA Issued the Notice on Launching the 2021 National Intellectual Property Publicity Week
国知局发布《关于开展2021年全国知识产权宣传周活动的通知》
Date: 2021-03-26
The State Intellectual Property Office issued a notice on launching the 2021 National Intellectual Property Publicity Week (the “Publicity Week”). The Publicity Week will take place on 20 April to 26 April and the theme of the event is to "comprehensively strengthen intellectual property protection and promote the construction of a new development pattern".
The Publicity Week will focus on promoting intellectual property laws and regulations and on guiding the public to strictly protect and reasonably use intellectual property rights. The campaign will use popular publicity methods to carry out activities to share knowledge on intellectual property under the core principles of "respecting knowledge, advocating innovation, and abiding by the law in good faith", and further enhance social awareness on respecting and protecting intellectual property.
Source: https://www.cnipa.gov.cn/art/2021/3/26/art_75_158066.html
Case Spotlight
Alibaba was Fined 18.228 Billion Yuan for Monopoly
阿里巴巴因垄断行为被罚182.28亿元
Date: 2021-04-10
In December 2020, the State Administration of Market Regulation (“SAMR”) opened an investigation into Alibaba Group Holding Limited (“Alibaba”) for abusing its dominant market position in accordance with the Anti-Monopoly Law, and it was found that Alibaba has a dominant position in the online retail platform service market within China. Since 2015, Alibaba has abused its dominant position by imposing "two-for-one" requirements on merchants on the platform, prohibiting them from opening stores or participating in promotional activities on other competing platforms, and adopting various incentives and penalties to ensure the implementation of the "two-for-one" requirements through market forces, platform rules and technical means such as data and algorithms.
Alibaba's conduct constitutes as an abuse of dominant position under Article 17(1)(4) of the Anti-Monopoly Law, which prohibits "requiring their trading counterparts to make transactions exclusively with themselves or with the undertakings designated by them without justifiable reasons". In accordance with the provisions of Articles 47 and 49 of the Anti-Monopoly Law and considering the nature, extent and duration of Alibaba's illegal conduct, the SAMR issued a decision on 10 April 2021, ordering Alibaba to stop its illegal conduct and imposed a fine of RMB 18.228 billion, 4% of its 2019 domestic revenue. At the same time, Alibaba is required to carry out ‘comprehensive rectifications’ including strengthening internal controls and compliance managements, upholding fair competition, protect the legitimate rights and interests of merchants and consumers within the platform, and submit a self-regulation reports to the SAMR for three consecutive years.
Source: http://www.xinhuanet.com/politics/2021-04/10/c_1127314195.htm
Global Head of Dispute Resolution, Rouse
dclark@rouse.com
