The post Peipei Liu Senior non-litigation Lawyer appeared first on Home.
]]>Business Expertise：
Real estate, civil and commercial cases of contract disputes, civil and administrative cases of intellectual property, criminal defense, etc
Working Experience：
Ms. Liu has rich experience in the field of Intellectual Property. Since 2015, she has been engaged in trademark non-litigation service, and has handled more than 1,000 cases of non-litigation trademark rights protection. Ms. Liu is responsible for every case earnestly, strives for the trademark authorization for parties, maintains the validity of the parties’ trademark, with her professional spirit she has won the widespread high praise.
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]]>The post China has joined the 1999 Hague Agreement and it will enter into force on May 5, 2022 appeared first on Home.
]]>source：Issuance by SIPO release date：March 25, 2022
On February 5, China submitted to the World Intellectual Property Organization (WIPO) its instrument of accession to the Hague Agreement on the International Registration of Industrial Designs (hereinafter referred to as the Hague Agreement), which will come into force in China on May 5.
The Hague Agreement is an international intellectual property agreement applicable to the field of industrial design. Together with the Madrid Agreement on The International Registration of Trademarks and the Patent Cooperation Treaty, it constitutes three service systems in the field of industrial property and is managed by the World Intellectual Property Organization (WIPO). Through the Agreement, it is possible for an applicant to obtain industrial design protection in several Contracting parties by submitting a single international application to the receiving office.
The earliest version of the Hague Agreement was adopted on 6 November 1925. The latest version is the 1999 version, which came into force on 1 April 2004. In recent years, the number of Parties to the Hague Agreement has been increasing and the influence of the Hague system has been expanding. As of 24 January 2022, there were 76 Parties to the Hague Agreement and 67 parties to its 1999 text, including 65 States and 2 intergovernmental organizations.
On June 1, 2021, China’s newly revised patent Law officially came into effect, extending the protection period of designs from 10 years before the revision to 15 years. This revision was in preparation for China’s accession to the Hague Agreement.
In January 2022, China officially joined the 1999 Hague Agreement with the approval of The State Council, and it will formally enter into force on May 5, 2022. This will provide more convenience for Chinese and overseas applicants in the international protection of the design of their products.
Source Link: https://www.cnipa.gov.cn/art/2022/2/9/art_53_173132.html
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]]>The post Top Win Succeeded in Patent Invalidation appeared first on Home.
]]>Type: lawsuit related to patent invalidation
The plaintiff: Yangzhou Huateng Personal Care Products Co., Ltd. (Referred to as “Huateng”)
The defendant: The Patent Reexamination Board of the State Intellectual Property Office (Referred to as “PRB”)
The third Party: Happy Grass (Shanghai) Oral Care Products Co., Ltd. (Referred to as “Happy Grass”)
Info of the related patent:
title: Toothbrush
patent number: 201620446724.3
application date: May 7, 2016
Brief description of the case
“Happy Grass” entrusted Beijing Top Win to file the patent invalidation against the patent mentioned above before the State Intellectual Property Office on December 7th, 2016, and provided relevant evidence.
“PRB” established a collegiate panel to review the case on request, and made a review decision No. 37758 on November 2nd, 2018 that the patent was invalid.
“Huateng” disagreed with this decision and later filed an administrative lawsuit against “PRB” before Beijing Intellectual Property Court, requesting to reject the decision of “PRB”. Beijing Intellectual Property Court accepted the case on February 14th, 2019 and formed the collegiate bench to hear the case. As the third party in this case, “Happy Grass” entrusted Beijing Top Win Law Firm to participate in the hearing.
During the trial, the plaintiff explained the novelty of the patent. Then the defendant claimed that the patent’s claims No. 1 to No.6 did not comply with the novelty and inventiveness according to provisions of the Patent Law and declared all rights of the patent were invalid. “Happy Grass” agreed with the defendant’s opinion and requested the court to reject the plaintiff’s litigation request.
In the end, the court decided to reject the plaintiff’s litigation request and uphold the decision of invalidation of the patent, and “Huateng”?failed in the lawsuit.
Here is part of the decision made by Beijing Intellectual Property Court
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]]>The post Announcement on Adjustment of The Mode of Issuance of Trademark Registration Certificates (No. 453) appeared first on Home.
]]>Announced by State Intellectual Property Office
NO. 453
In order to implement and deepen the “decentralization, regulation and service” reform deployment, promote the reform of trademark registration, optimize the business environment, and improve the level of public services, the method of issuing trademark registration certificates is now adjusted. The announcement is as follows:
1. Starting from January 1, 2022, to obtain the trademark registration certificate generated from registration and other trademark applications , the registrant who submit?the trademark application in paper form will receive?the “Notice of Issuing a Trademark Registration Certificate” by mail and shall use the specified?website and code on the Notice to log in to China Trademark Network to obtain an electronic trademark registration certificate; the registrant who submit a trademark application electronically, shall log in to the trademark online service system to obtain an electronic trademark registration certificate. The electronic trademark registration certificate can be viewed, downloaded and printed by yourself. The State Intellectual Property Office no longer issues paper trademark registration certificates.
2. A?transitional period?is established. From October 15 to December 31, 2021, to obtain the trademark registration certificate generated from registration and other trademark applications , the registrant who submit?the trademark application in paper form will receive?the “Notice of Issuing a Trademark Registration Certificate” by mail and shall use the specified?website and code on the Notice to log in to China Trademark Network to obtain an electronic trademark registration certificate, and the paper trademark registration certificate is mailed at the same time; the issuance method for submitting trademark applications electronically remains unchanged for the time being.
It is hereby notified the above.
State Intellectual Property Office
October 9, 2021
Link: https://www.cnipa.gov.cn/art/2021/10/12/art_74_170694.html
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]]>The post 13th BRICS Heads of Intellectual Property Offices (HIPO) Meeting 2021 appeared first on Home.
]]>All the BRICS member countries have given a presentation on the results achieved and further plans under their respective cooperation streams. Member countries deliberated upon the importance of digital projects and emerging technologies in the processing of the IP applications and measures taken for adoption of such technologies in the functioning of BRICS IP Offices, especially during the Covid-19 pandemic. Member countries also shared their successful IP practices related to geographical indications, IP awareness, significant importance of IP to the SMME sector, poverty alleviation, IP commercialization and facilitation for IP generation and protection.
The Heads of Intellectual Property BRICS agreed that their aims and objectives were broadly mutually aligned and decided to continue to engage in a spirit of cooperation to finalise the key deliverables.
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