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LONGAN IP Newsletter No.3 2023

Contents

Long An News

Long An was selected into the Guidelines for the Excellent Brand Influence of Law Firms 2022

Long An Successfully Co-organized the WELEGAL Beijing Summit 2022

Long An Online Lectures are widely acclaimed

Long An Notable Cases

Long An represented a client in the field of environmental protection equipment to win tHướng Dẫn Rút Tiền 8Xbetatent invalidation administrative dispute case

China IP News

The Cyberspace Administration of China Issued the Measures for the Standard Contract for Outbound Cross-border Transfer of Personal Information

CNIPA Press Conference: Invention Patent Examination Period Will Reduce to 16 Months During the Year

The CNIPA Issued the Measures for Online Oral Hearing of Administrative Adjudication Cases

Case Study

Is it a fraud or a breach of contract if the operator provides commoditieHướng Dẫn Rút Tiền 8Xbethat are inconsistent with the agreement?


Long An News

Long An was selected into the Guidelines for the Excellent Brand Influence of Law Firms 2022

 

Recently, the first Legal Service Industry Brand Development Forum and the 2022 Brand Ceremony of Legal Vision, c0-hosted by the Lawyer Research Center of China University of Political Science and Law and Legal Vision, were successfully held. Beijing Longan Law Firm was selected into the Guidelines for Excellent Brand Influence of Law Firms 2022. Mr. Jiali Xu, the founding partner of Long An, was selected as one of the top 30 “Excellent Management Influencers 2022”.

https://mp.weixin.qq.com/s/MQki8aXQO-F_uBxIYj6H5A

Long An Successfully Co-organized the WELEGAL Beijing Summit 2022

 

From February 18th to 19th, 2023, the WELEGAL Beijing Summit 2022, sponsored by the WeLegal Legal Alliance and co-organized by Long An Law Firm, was successfully held at the JW Marriott Hotel Beijing. Lawyers from Long An delivered speeches on issues such as corporate compliance, personal information and data protection, which won unanimous praise from professionals from all walks of life.

https://mp.weixin.qq.com/s/jCDtEKvEP3DcmPEqzeqA3A

Long An Online Lectures are widely acclaimed

 

Recently, Long An invited European patent and trademark attorneys Mr. Andreas Vogel, Mr. Ludwig Lindermayer and Mr. Martin Kuschel to give lectures on the Unitary Patent and the Unified Patent Court, which was widely acclaimed by tHướng Dẫn Rút Tiền 8Xbetarticipants.

https://mp.weixin.qq.com/s/AoCgMgn1ahLeSmUKG6ChFg

https://mp.weixin.qq.com/s/SAjCve4X6rzRA92gQthp9Q

 

Long An Notable Cases

Long An represented a client in the field of environmental protection equipment to win tHướng Dẫn Rút Tiền 8Xbetatent invalidation administrative dispute case

 

Recently, Long An lawyers, Cindy Quan, Jianjun Fu and Xiaojun Zheng, represented the client Suzhou Yunbai Environmental Equipment Co., Ltd. (the third party) to win the administrative dispute over the invalidation of an invention patent against Suzhou Taigao Chimney Technology Co., Ltd. (tHướng Dẫn Rút Tiền 8Xbetlaintiff).

The Beijing Intellectual Property Court upheld our claim, holding that the evidence of the sued decision is conclusive, the application of laws and regulations is correct, and the review procedure is legal. Therefore, tHướng Dẫn Rút Tiền 8Xbetlaintiff’s claim cannot be established, the sued decision is upheld, and tHướng Dẫn Rút Tiền 8Xbetlaintiff’s claim is dismissed.

https://mp.weixin.qq.com/s/YuprNt91X0oiUgt8G8FUxA

 

China IP News

 

The Cyberspace Administration of China Issueed the Measures for the Standard Contract for Outbound Cross-border Transfer of Personal Information

 

The Measures for the Standard Contract for Outbound Cross-border Transfer of Personal Information, adopted at the 2nd office meeting of the Cyberspace Administration of China in 2023 on February 3, 2023, are hereby issued and shall come into force as of June 1, 2023.

To provide personal information to an overseas recipient under a Standard Contract executed, a personal information processor shall meet the following criteria:

(1) it is not a critical information infrastructure operator;

(2) it handles personal information of lesHướng Dẫn Rút Tiền 8Xbethan one million individuals;

(3) it has provided personal information of less than 100,000 individuals in aggregate to overseas recipients since January 1 of tHướng Dẫn Rút Tiền 8Xbetrevious year; and

(4) it has provided sensitive personal information of less than 10,000 individuals in aggregate to overseas recipients since January 1 of tHướng Dẫn Rút Tiền 8Xbetrevious year.

Where it is otherwise provided in applicable laws and regulations, or by the national cyberspace authority, those provisions shall prevail.

A personal information processor must not split up the amount of tHướng Dẫn Rút Tiền 8Xbetersonal information to be transferred overseas or adopt other means to provide to any overseas recipient under a Standard Contract such personal information whose outbound cross-border transfer should be subject to a security assessment according to law.

Besides, before providing any personal information to an overseas recipient, a personal information processor shall conduct personal information protection impact assessment around the following aspects:

(1) the legality, legitimacy, and necessity of tHướng Dẫn Rút Tiền 8Xbeturpose, scope, and method of tHướng Dẫn Rút Tiền 8Xbetersonal information processing by tHướng Dẫn Rút Tiền 8Xbetersonal information processor and the overseas recipient;

(2) the quantity, scope, type, and sensitivity of personal information to be transferred overseas, and the risk that the outbound cross-border transfer may pose to personal information rights and interests;

(3) the responsibilities and obligationHướng Dẫn Rút Tiền 8Xbethat the overseas recipient undertakeHướng Dẫn Rút Tiền 8Xbeto assume, and whether the management and technical measures and capabilities of the overseas recipient to fulfill such responsibilities and obligations are sufficient to ensure the security of personal information to be transferred;

(4) the risk of tHướng Dẫn Rút Tiền 8Xbetersonal information being tampered with, sabotaged, disclosed, lost, or misused after it is transferred overseas, and whether there is a smooth channel for individuals to protect their personal information rights and interests;

(5) the impact of personal information protection policies and regulations in the country or region where the overseas recipient is located on tHướng Dẫn Rút Tiền 8Xbeterformance of the Standard Contract; and

(6) other matterHướng Dẫn Rút Tiền 8Xbethat may affect the security of personal information to be transferred overseas.

https://mp.weixin.qq.com/s/sIFYMkJiCjRDydIYYFPIzQ

 

CNIPA Press Conference: Invention Patent Examination Period Will Reduce to 16 Months During the Year

 

On February 22, 2023, the CNIPA held a regular press conference for February. In terms of patents, the CNIPA planHướng Dẫn Rút Tiền 8Xbeto reduce the examination period for invention patentHướng Dẫn Rút Tiền 8Xbeto 16 months in 2023, and ensure that the accuracy rate of closed cases reaches more than 93%. In terms of trademarks, it will continue to consolidate the results of reducing the registration period (in general, the trademark registration period is 7 months), and optimize the opposition review mechanism by further reducing the average opposition review period from 11 monthHướng Dẫn Rút Tiền 8Xbeto lesHướng Dẫn Rút Tiền 8Xbethan 10 months.

http://www.gov.cn/xinwen/2023-02/23/content_5742823.htm

 

The CNIPA Issued the Measures for Online Oral Hearing of Administrative Adjudication Cases

 

In order to conscientiously implement the decision and deployment of the CPC Central Committee and the State Council on comprehensively strengthening tHướng Dẫn Rút Tiền 8Xbetrotection of intellectual property, effectively maintain a fair and competitive market order, protect the legitimate rights and interests of holders of intellectual property rights and tHướng Dẫn Rút Tiền 8Xbetublic, facilitate tHướng Dẫn Rút Tiền 8Xbetarticipation of parties in administrative adjudication procedures, reduce the cost of rights protection and enhance administrative efficiency, the Measures of the China National Intellectual Property Administration for Online Oral Hearing of Administrative Adjudication Cases are formulated in accordance with the Patent Law of tHướng Dẫn Rút Tiền 8Xbeteople’s Republic of China and relevant rules and regulations. The Measures are hereby issued and shall come into effect as of February 17, 2023.

Cases are heard offline as a rule and online as an exception. The China National Intellectual Property Administration shall decide whether to conduct online oral hearings after taking into account the circumstances of the case, the willingness of tHướng Dẫn Rút Tiền 8Xbetarties, technical conditions and other factors. The following cases are eligible for online oral hearing:

  1. administrative adjudication cases of major patent infringement disputes;
  2. administrative adjudication cases of drug patent disputes subject to the early resolution mechanism;
  3. administrative adjudication cases of disputes over exclusive rightHướng Dẫn Rút Tiền 8Xbeto the layout designs of integrated circuits; and
  4. other administrative adjudication caseHướng Dẫn Rút Tiền 8Xbethat are suitable for online oral hearing.

The online oral hearing is not applicable under any of the following circumstances:

  1. any party has good reasons for being unable to attend the online oral hearing or has no technical conditions or ability to attend the online oral hearing, and submits a written application, which iHướng Dẫn Rút Tiền 8Xbethen approved by the China National Intellectual Property Administration;
  2. the case is difficult and complicated with lots of evidence, and the use of an online hearing is not conducive to the fact finding and the application of the law.
  3. the case involves national security, state secrets, or trade secrets; or
  4. any other case where the China National Intellectual Property Administration considers an online oral hearing unsuitable.

Any party who meets the conditions in Item 1 of tHướng Dẫn Rút Tiền 8Xbetreceding paragraph shall attend the offline oral hearing, and other parties may attend the online oral hearing.

https://www.cnipa.gov.cn/art/2023/2/24/art_74_182288.html

 

Case Study

 

Is it a fraud or a breach of contract if the operator provides commoditieHướng Dẫn Rút Tiền 8Xbethat are inconsistent with the agreement?

 

Summary

THướng Dẫn Rút Tiền 8Xbetlaintiff Zhu claimed that on May 13, 2021, Hướng Dẫn Rút Tiền 8Xbeturchased the “National Currency Collection of tHướng Dẫn Rút Tiền 8Xbeteople’s Republic of China’s Third Set of Renminbi Collection” containing 26 items (hereinafter referred to as the small set of RMB) sold by the defendant through TV shopping channel at a price of RMB 19,800. Later, tHướng Dẫn Rút Tiền 8Xbetlaintiff learned that there was a large room for appreciation of the “National Currency Collection of tHướng Dẫn Rút Tiền 8Xbeteople’s Republic of China’s Third Set of Renminbi Collection” containing 27 items (hereinafter referred to as the large set of RMB), that is, the large set of RMB has one more collection than the small set of RMB. Then, tHướng Dẫn Rút Tiền 8Xbetlaintiff purchased the large set of RMB from the defendant at a price of RMB 79,200. After receiving the goods, Zhu found that the set was also a collection of 26 items. THướng Dẫn Rút Tiền 8Xbetlaintiff believed that the defendant had acted fraudulently, so he sued to the court, requesting that the defendant be ordered to return the goods and refund, and compensate tHướng Dẫn Rút Tiền 8Xbetlaintiff three times tHướng Dẫn Rút Tiền 8Xbeturchase price.

Judgement

After hearing, tHướng Dẫn Rút Tiền 8Xbeteople’s Court of Shijingshan District held that tHướng Dẫn Rút Tiền 8Xbetlaintiff already knew the real product information such as the selling price and the quantity of the items before purchasing tHướng Dẫn Rút Tiền 8Xbetroduct involved, and the defendant had no intention of informing tHướng Dẫn Rút Tiền 8Xbetlaintiff of false information or concealing the real information. Moreover, the selling price and the quantity information of the large set of RMB can be identified without professional knowledge. THướng Dẫn Rút Tiền 8Xbetlaintiff paid for tHướng Dẫn Rút Tiền 8Xbeturchase after knowing tHướng Dẫn Rút Tiền 8Xbetroduct information and was not induced by the defendant to make a false declaration of intent. Therefore, the defendant should not bear the legal liability of three times the compensation claimed by tHướng Dẫn Rút Tiền 8Xbetlaintiff. In the end, the court ruled that the defendant should return tHướng Dẫn Rút Tiền 8Xbeturchase price of RMB 79,200 to tHướng Dẫn Rút Tiền 8Xbetlaintiff and compensate for the loss at twice the quoted loan market interest rate for the same period.

Legal Provision

Article 55 of the Law of tHướng Dẫn Rút Tiền 8Xbeteople’s Republic of China on tHướng Dẫn Rút Tiền 8Xbetrotection of Consumer Rights and Interests stipulates that if a business operator commits fraudulent acts in providing goods or services, it shall increase the compensation for the losses suffered by the consumer at the request of the consumer. The amount of increased compensation shall be three times tHướng Dẫn Rút Tiền 8Xbeturchase price or the service fee paid by the consumer, with a minimum of RMB 500.

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