SBZL IP LAW FIRM We bring IP Patent & Trademark Protection in CHINA.
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Transcript of SBZL IP LAW FIRM We bring IP Patent & Trademark Protection in CHINA.
SBZL IP LAW FIRMWe bring IP
Patent & Trademark Protection in CHINA
Table of ContentsWe bring IP
● Patent & Trademark Authorities in China
● Some Statistics of Patent & Trademark Situation in 2013
● Different routes of enforcement
● Q & A ?
Patent (invention, UM, Design)
1. SIPO a) PTO b) PRB
2. Local IPA:
3. Courts
4. Customs:
Trademark
1. SAIC a) CTMO b) TRAB
2. Local AIC
3. Courts
4. Customs
5. PSB
Trademark & Design AuthoritiesWe bring IP
Some Statistics in 2013We bring IP
Trademark
ProsecutionNewly Filed: 1,881,500Newly Registered: 1,004,897Valid trademarks in total: 7,237,900
EnforcementAIC actions: raid: 83,141 Court (civil) actions: 23, 272 cases PSB actions: 3,473 criminal casesCustoms actions: over 23,600 timesDetention 74,000,000 goods for TM infrin. and passing-off (98%); 1,5000,000 goods for patent & copyright infringement (2%)
Patent (invention, UM, Design)
ProsecutionNewly Filed: 2,377,061 Newly Granted: 1,313,000 Valid patents in total: 4,195,139
Enforcement
IPA actions: 5,056 cases
Court (civil) actions: 9,195 patent litigations
Different routes of enforcementWe bring IP
Right Holder
Submitting Complaint & Evidence
Filing Receipt
Serve to defendant
Getting response No response Invalidation started
Serve toRight holder No suspension Suspension
Investigation Resume
Decision
No Appeal
end
15 days
7 days
Enforce
Compulsoryenforcement
Refuse to enforce
7 days
90 days
Hearing (if necessary)
about 90days
Appeal
Intermediation(most circumstances)
7 days
Case arise
Place the case on file under an order from the director
Case Investigation & evidence collection
Conclusion and report for approval
Transfer toprosecution
Transfer toOther AIC No sanction
Crime? Jurisdiction? Sanction to be imposed?
Serve to defendant for response or argument
Making decision and serve
Hearing (if any)
Report to director or panel if the case is “big”
Review or Appeal
enforcing the decision
endEnforcing the review or appeal decision
about 90days
Review or Appeal
A typical AIC proceeding (Trademark) A typical IPA proceeding (Patent & Design)
Customs Protection
Different routes of enforcementWe bring IP
Informing defendant
IP right recordal
Infringing goods foundEx officio or informed by owner
Owner Paying guarantee bond
Detaining of suspicious goods
Serving to Owner
Owner submittingOpinion & evidence
Serve to defendant Paying ofcounter guarantee bond (for patent only)
Releasing the detained goodsDefendant submitting
argument & evidence
Official investigation ( 30 working days )( 1 ) Uncertain ( 2 ) infringement found ( 3 ) not infringement
Within 50 days from detaining of goods
Decision on sanction
Releasing the goods
( 1 )
( 2 )
( 3 )
Following-up
Following-up
Court bill
No Court bill
Informing owner Informing defendant
Informing owner
Transferring to courtReleasing the goods
Different routes of enforcementWe bring IP
Customs Training
Tips: Frequently training the Customs’ officials is very helpful !
Different routes of enforcementWe bring IP
Civil Litigation Lodge a suit
Accept Not accept
Hearing Withdraw Rejected
Preparation
Normal Simplified
Property
preservationMediation Adv. Exe Default
Settlement Not settled
End Termination Postpone Suspension Judgment Withdrawn
Appeal End
Mediation
Judgment Settlement
Maintenance Reversion Return
Avoidance
First Inst.
(6 months)
Second Inst.
(3 months)
Patent litigation – Court thoughts We bring IP
Formality check:
Qualification of plaintiff (ownership, right in force)
Manufacturing, sell, offer to sell, import?
Jurisdictions
Determination of scope of the patent concerned
(claims, description, file wrapper, common sense)
Literal infringement (functional definition?)
or
Equivalent infringement (estoppel)
Defense acceptable (prior art, not covered..)?
Civil liability
Stop infringement
Damage Compensation
TM litigation – Court thoughts We bring IP
Formality check:
Qualification of plaintiff (ownership & right in force)
Jurisdictions
Nature of use:
Use of a mark in terms of trademark (e.g. OEM)?
Infringement judgment
Identical or Similar marks?
Identical or Similar goods/services?
Civil liability
Stop infringement
Damage Compensation
Q & A? We bring IP
Johnson GEPartner/Patent & Trademark [email protected]
Thanks!Thanks!SBZL IP LAW FIRMwww.sbzl.com