The Helpdesk team has been particularly busy these last two months with organising training events across Europe and China. Enquiry numbers are rising sky high with more European SMEs contacting the Helpdesk for advice on their IP matters than ever before. Besides that our website was given a facelift to improve functionality and user experience. In fact you can now have an online chat session with our IP business advisor every last Tuesday of the month.
This Newsletter includes:
Case Study of the month
Info on upcoming training events in China, Europe and online
What's new including guides, e-learning modules, videos etc.
First episode of the new quarterly news section on IP legislation in China
Follow us on LinkedIn
The Helpdesk is increasing its online presence and stepping up its efforts to directly reach the European business community. That is why you can now follow us on LinkedIn to find out about the most recent updates of the Helpdesk. It also gives you the opportunity to comment or give feedback on the Helpdesk's latest posts. To follow the Helpdesk click here.
Live chat sessions Join the live chat with the Helpdesk every last Tuesday of the month from 9:00-12:00 Brussels time, 15:00-18:00 Beijing time. The next one will be on the 26th of May. Our IP Business Advisor, Reinout van Malenstein, will be available to answer your questions on intellectual property rights in China, Hong Kong, Macao and Taiwan.
All it takes is one click on the chat button that will be available at the designated time on our website for you to launch the chat.
E-learning modules Check out the latest ELM! Take a tour with Nicole and visit Mainland China, Hong Kong, Macao and Taiwan and learn how the different territories compare. Click on the image below to start the ELM.
Xiang Peng Heng and the phenomenon of e-commerce of counterfeit goods
E-commerce is definitely becoming a key-player in enabling more and more transactions and purchases of goods to happen in the Chinese market. Along with it comes a renewed and sophisticated way for counterfeiters to enlarge their businesses. A recent example is given by the company Xiang Peng Heng, that has peddled counterfeit goods via local e-commerce platforms, including JuMei, Jingdong and Amazon, making fake goods available online at quite low prices and pretending to offer after-sale customers service.
GROWING ATTENTION ON TRADE SECRETS LEGISLATION AND ENFORCEMENT
Following the increased number of trade secrets infringements in last years, Chinese experts are urging on a special legislation on the protection of trade secrets. During a recent seminar dedicated to the issue of advancing trade secret protection in China, Mr Wang Cheng’An, Vice President of China Society for World Trade Organization Studies, said that “Chinese enterprises, private ones in particular, pay insufficient attention to trade secret protection”. China has enacted special legislations on trademarks, copyright and patents, but not on trade secrets yet. There are trade secrets provisions in the Chinese law against unfair competition, and in labor and contract laws. It seems that this year China will accelerate research on trade secret protection, according to Li Zhenzhong, deputy head of the country's top office for nationwide operations against IPR infringement and counterfeiting. Huang Congzhen, IPR judge of the Higher People's Court of East China's Fujian Province, stated that “Current legal provisions on trade secret protection are too general and we face various problems ranging from compensation standards to difficulties for plaintiffs in providing evidence”.
CHINA’S PATENT LAW 30TH ANNIVERSARY: A LOOK BACKWARD AND ONE FORWARD
On 1st April 2015, China's Patent Law celebrated its 30th anniversary. Although, especially if compared with European history, a system of 30 years is rather young, China's patent law has already undergone 3 revision process and the fourth one is in the pipeline.
The first amendment was in 1992, with the opening-up reforms and the establishment of a socialist market economy. The second change occurred in 2000, after China joined the WTO; lastly, in 2008 the law was modified to further enhance national innovation and growth. Currently, consultations are ongoing for a new round of reforms. Thanks to the said amendments, the Chinese patent law has contributed to the development of the broaden patent law system and has put the basis for technological, economic and social innovation in China. The number of patent applications continues growing over the years, and both quality and quantity have improved. In the period going from 1985 to the end of 2014, China has received 15.455 million patent applications: among these, 663.000 invention patents were granted. Moreover, since 2011, China's invention patent applications have ranked first in the world. Chinese patent applicants in foreign countries have also seen a substantial growth. These important achievements testify the rapid increase of Chinese innovation capacity and acknowledge the role of the patent system in fostering economic and social changes in contemporary China.
SHANGHAI SPECIALIZED IP COURT HEARS ITS FIRST CASE
At the end of March, the newly established Intellectual Property Court in Shanghai heard its first case. The dispute involved the American company Hewlett-Packard Development Co, which claimed that a local company making printer components, Speed Infotech, used its patent without authorization. Hewlett-Packard asked for 1 million Yuan of compensation ($160.994). Since the beginning of the year, the specialized IP court in Shanghai has already received around 300 cases.
IP JUDICIAL PROTECTION RESEARCH CENTRE LAUNCHED BY THE SUPREME COURT
The Supreme People's Court established an IP judicial protection research center. Zhou Qiang, the President of the Court, explained that the center will conduct research on major IP judicial issues, including the protection against new threats associated with internet and ecommerce, and formulate reform advices on IP laws, judicial interpretation and policies. The center will also evaluate the IP judicial protection achievements and become an international exchange platform for IP protection. The establishment of the research center is an additional, positive signal of the Chinese growing attention to IP protection.
Latest news from partner Helpdesks
With the launch of the second phase the ASEAN IPR SME Helpdesk will change its name to the South-East Asia IPR SME Helpdesk.
The China IPR SME Helpdesk, a project co-funded by the European Union supports European small and medium sized enterprises (SMEs) to both protect and enforce their Intellectual Property Rights (IPR) in or relating to China, Hong Kong, Macao and Taiwan through the provision of free information and services. These take the form of jargon-free, first-line, confidential advice on intellectual property and related issues, plus training, materials and online resources.