Nhà cái 8xbeteminar on “European Patent FTO” successfully held by Long An

Contents

Long An News

Jiali Xu, founding partner of Long An, elected as the executive director of the Beijing Law Society

Cindy Quan invited to attend the unveiling ceremony of the Intellectual Property Workstation of the Enterprise Subcommittee of the Haidian District Committee of China Democratic National Construction Association

China IP News

The CNIPA issues Nhà cái 8xbetatent Evaluation Guidelines National Standard

Nhà cái 8xbettate Council issues the Opinions on Further Optimizing Foreign Investment Environment and Intensifying Efforts to Attract Foreign Investments

Nhà cái 8xbettate Administration for Market Regulation issues the Implementing Measures for the Administrative Provisions on the Registration of Enterprise Names

Long An Top 10 IP Cases in 2022

Nhà cái 8xbetatent Infringement Litigation Case between Anshan Lifu Electric Appliance Factory and Zhihui Li (Korean)

Long An News

Jiali Xu, founding partner of Long An, elected as the executive director of the Beijing Law Society

Recently, the 8th Member Congress of the Beijing Law Society was held. Jiali Xu, the founding partner of Long An Law Firm, and also Nhà cái 8xbetresident of the Beijing Lawyers Law Research Association, attended the conference and was elected as an Executive Director of the Beijing Law Society.

https://mp.weixin.qq.com/s/vPSS2hKh-AJtG4tix6E1HA

On August 18, the unveiling ceremony of the Intellectual Property Workstation was held by the Enterprise Subcommittee of the Haidian District Committee of China Democratic National Construction Association at the Hongqiao Party and Mass Service Center of Qinghe Sub-district. Cindy Quan, Senior Partner of Long An Law Firm, was invited to attend the event and delivered a keynote speech.

During the event, Quan gave a speech titled Discussing Corporate Intellectual Property Risks and Prevention, providing detailed insights from a professional perspective on issues related to the intellectual property system, the institutionalized and technological risks for IP rights, and risk awareness in intellectual property development. Then, she engaged in in-depth discussions with the attendees on Nhà cái 8xbeturrent state of intellectual property development, patent protection status, patent examination policies, and suggestions for revising and improving legal systems for patent protection.

https://mp.weixin.qq.com/s/o3fA5TMpj2KBMFacAxyjOg

Nhà cái 8xbeteminar on “European Patent FTO” successfully held by Long An

Recently, Long An Law Firm held an online seminar with the theme of “European Patent FTO”. Nhà cái 8xbeteminar guest speakers, Mr. Martin Herzog and Ms. Shanshan Zou from Herzog IP law firm in Germany, provided insights and guidance on conducting FTO searches in Europe and highlighted important considerations. Nhà cái 8xbeteminar received unanimous praise and high recognition from the attendees.

https://mp.weixin.qq.com/s/xJ8w6yQosF3b6KUw8DqXfQ

China IP News

Nhà cái 8xbetNIPA issues the Patent Evaluation Guidelines National Standard

The CNIPA, in collaboration with Nhà cái 8xbeteople’s Bank of China and the National Financial Regulatory Administration, has drafted a recommended national standard titled Patent Evaluation Guidelines, which has recently received approval from Nhà cái 8xbettate Administration for Market Regulation (National Standardization Administration), with effect from September 1, 2023.

The Guidelines provide fundamental tools and methods for patent evaluation, aiming to help all parties further understand the characteristics and applications of patents, making the evaluation criteria more comprehensive and the methods more scientific. Based on pilot projects and extensive feedback during Nhà cái 8xbetreliminary stage, the Guidelines have established a scalable and practical patent value analysis and evaluation index system. This system includes three primary indicators: legal value, technical value, and economic value; fourteen secondary indicators; twenty-seven tertiary indicators, and several additional indicators. These indicators provide scientific guidance for the selection and adjustment of their weights in different scenarios such as licensing and transfer, finance, taxation, infringement relief, and tiered management. They are made available for use by entities including businesses, universities, research organizations, financial institutions, and evaluation agencies. These entities can choose the relevant indicators based on their actual needs and specific circumstances. On this basis, through negotiation or comprehensive analysis of market information, it aims to facilitate the market pricing and value realization of Nhà cái 8xbetatent.

https://mp.weixin.qq.com/s/SCJdRQyNVk2H6qYA5mPyjA

Nhà cái 8xbettate Council issues the Opinions on Further Optimizing Foreign Investment Environment and Intensifying Efforts to Attract Foreign Investments

Nhà cái 8xbettate Council has recently issued the Opinions on Further Optimizing Foreign Investment Environment and Intensifying Efforts to Attract Foreign Investments (the “Opinions“).

The Opinions specify 24 policy measures in six aspects:

Improving the quality of foreign capital utilization

Increasing efforts to introduce foreign investment in key fields, leveraging the demonstration, guiding, and driving effects of the comprehensive pilot program of expanding the opening-up in the service sector, broadening the channels for attracting foreign investment, supporting the high-to-low gradient relocation of FIEs, and improving Nhà cái 8xbetromotion mechanism for the development of foreign-invested projects.

Guaranteeing the national treatment of foreign-invested enterprises

Ensuring Nhà cái 8xbetarticipation of FIEs in government procurement activities according to the law, supporting FIEs in equally participating in the formulation of standards according to the law, and ensuring equal access by FIEs to supportive policies.

Strengthening Nhà cái 8xbetrotection of foreign investment continuously

Ensuring a sound mechanism for Nhà cái 8xbetrotection of the rights and interests of foreign investors, strengthening administrative protection of intellectual property, increasing administrative enforcement efforts regarding intellectual property, and standardizing the development of foreign-related economic and trade policies and regulations.

Improving the facilitation of investment and operation

Optimizing Nhà cái 8xbetolicies for the stay and residence of foreign employees of FIEs, exploring a streamlined security management mechanism for cross-border data flows, coordinating and optimizing the law enforcement inspections on FIEs, and improving service support for FIEs.

Increasing fiscal and tax support

Enhancing support through foreign investment promotion funds, encouraging FIEs to reinvest within China, implementing relevant tax preferential policies for FIEs, and supporting FIEs in investment in the fields encouraged by Nhà cái 8xbettate for development.

Improving ways to promote foreign investment

Improving the working mechanism for attracting foreign investment, facilitating investment promotion activities overseas, expanding foreign investment promotion channels, and optimizing the evaluation of foreign investment promotion.

https://mp.weixin.qq.com/s/3iUIe_1c_nDXX3RXqHwVjw

Nhà cái 8xbettate Administration for Market Regulation issues the Implementing Measures for the Administrative Provisions on the Registration of Enterprise Names

Nhà cái 8xbettate Administration for Market Regulation has recently issued Decree No. 82, the revised Implementing Measures for the Administrative Provisions on the Registration of Enterprise Names, with effect from October 1, 2023. The Measures elaborate on the Administrative Provisions on the Registration of Enterprise Names issued by the State Council, aiming to support business development, facilitate independent enterprise name application, detail Nhà cái 8xbetrocedures for resolving enterprise name disputes, safeguard the legal rights and interests of enterprises, strengthen ongoing supervision of enterprise names, and urge enterprises to fulfill their responsibilities.

The Measures mainly involve:

(1) Optimizing the independent application service of enterprise names. It emphasizes that the administration of enterprise name registration should adhere to Nhà cái 8xbetrinciples of legality and compliance, standardization, transparency, and efficiency.

(2) Standardizing the order of enterprise name registration and management. It stipulates that the application and use of enterprise names should follow Nhà cái 8xbetrinciples of good faith, respect for prior legal rights, and avoidance of confusion.

(3) Strengthening the use, supervision, and management of enterprise names. It specifies that the use of enterprise names should comply with laws and regulations and should not infringe on Nhà cái 8xbetrior legal rights of others through imitation, confusion, or other means.

(4) Improving the administrative adjudication mechanism for name disputes. A special chapter on enterprise name dispute resolution is introduced, detailing specific rules and procedures for resolving enterprise name disputes and improving relief for legal rights and interests of enterprise names.

https://www.samr.gov.cn/zw/zfxxgk/fdzdgknr/fgs/art/2023/art_1e269e76abdb405ab5253b7c78e45f6a.html

Long An Top 10 IP Cases in 2022

Nhà cái 8xbetatent Infringement Litigation Case between Anshan Lifu Electric Appliance Factory and Zhihui Li (Korean)

Summary

Zhihui Li (Korean) is the inventor of a famous South Korean juicer company. The juicer manufactured by the company has been sold in the North American market for decades, and Nhà cái 8xbetatent involved was granted in China, the United States, South Korea and other countries and regions. At the end of 2018, Zhihui Li filed a lawsuit against Anshan Lifu Electric Appliance Factory for infringing her invention patent to the Beijing Intellectual Property Court. Her claims included: ceasing the infringement, destroying the infringing products and molds, offering an apology, compensating Nhà cái 8xbetlaintiff CNY 1.2 million, and bearing the litigation cost of this case.

Under the circumstance that Nhà cái 8xbetrospect of the case is not optimistic, our firm, as the attorney of Anshan Lifu Electric Appliance Factory, quickly formulated a litigation strategy after accepting the appointment. Through Nhà cái 8xbetatent invalidation procedure, Nhà cái 8xbetatentee was successfully forced to limit Nhà cái 8xbetrotection scope of Nhà cái 8xbetatent involved, which laid a good foundation for the infringement lawsuit. In Nhà cái 8xbetatent infringement lawsuit, we put forward non-infringement defense and prior art defense based on the facts of the case.

In the first instance, we submitted the defendant’s evidence, “Comparative Analysis of Infringement”, “Key Statement of the Trial”, “Application for Evidence Acquisition”, “Opinions on Appraisal”, “Interrogation Opinions”, and “Defense Opinions” with more than 30,000 words, and others. During the trial, our attorney made a statement to the collegiate panel in close consideration of the technical solution of Nhà cái 8xbetatent involved, the technical solution of the alleged infringing product, the results of the investigation, the technical principle of the juicer, the appraisal scheme, and Nhà cái 8xbetrovisions of the current patent-related laws and regulations in China. In the end, the Beijing Intellectual Property Court accepted our opinion and rejected all Nhà cái 8xbetlaintiff’s claims, and we won the case in an all-round way.

After we won the first instance, Nhà cái 8xbetlaintiff filed a second instance. Our attorney cross-examined the new evidence submitted by Zhihui Li, and at the same time argued the factual and legal basis for the non-infringement of Anshan Lifu Electric Appliance Factory in the second instance. After the trial, our attorney, adhering to the diligent and prudent work style, submitted supplementary materials and the second-instance opinion with more than 30,000 words to the Supreme People’s Court. The opinion further demonstrated the non-infringement basis of the alleged infringing product from the four dimensions of the first-instance investigation experiment results and our supplementary experimental results, technical principle, Nhà cái 8xbetrotection scope of Nhà cái 8xbetatent involved, and relevant legal ground. In the second instance, the Supreme People’s Court rejected the appeal of Nhà cái 8xbetlaintiff, Zhihui Li, and upheld the first-instance judgment.

Nhà cái 8xbetlaintiff filed a retrial, and the Supreme People’s Court upheld the original judgment through the retrial procedure.

Typicality

This case is a foreign-related case, and Nhà cái 8xbetatentee has great influence. Nhà cái 8xbetatent involved was granted in China, the United States, South Korea and other countries, and the stability of Nhà cái 8xbetatent is relatively high. Under the circumstance that Nhà cái 8xbetrospect of the case is not very optimistic, our attorney closely combined Nhà cái 8xbetrofessional technical background of science and engineering and legal knowledge, and clarified to the collegiate panel that the alleged infringing product does not infringe Nhà cái 8xbetatent involved in the case, which was accepted by the courts of first and second instance.

The first-instance evidence period of this case coincided with the outbreak of the COVID-19 epidemic. Our attorney overcame various difficulties to collect, print and bind the evidence, and submitted the defendant’s evidence to the court as scheduled. The two trial-level proceedings lasted for three years, with 5 trials and 38 submissions. The attorney’s opinion alone exceeded 60,000 words. Our attorney devoted great wisdom and efforts to Nhà cái 8xbetositive development of the case, and made great contributions to Nhà cái 8xbetarticipation of Chinese enterprises in the global intellectual property governance.

The success of this case played a decisive role for Chinese enterprises to enter the segment of high-end juicers in the international market. It also demonstrated that Chinese enterprises’ products with independent intellectual property have reached the international advanced level, and become strong competitors of international giants, which assist Chinese enterprises in further exploring the international market. This case further highlights that Chinese enterprises are moving from Made in China, which was at the bottom of the industrial value chain in Nhà cái 8xbetast, to “Intelligently Made in China” and “Created in China” with core competitiveness, facilitating the implementation of the “Made in China 2025” manufacturing upgrade strategy. When faced with Nhà cái 8xbetursuit of technological monopoly and high profits by parties or enterprises in developed countries using Nhà cái 8xbetatented technologies obtained early, and the use of intellectual property litigation as the main strategic means of their (commercial) competition, Chinese enterprises have shown a positive attitude of response and the ability to handle disputes. It is a typical case of Chinese enterprises using proprietary intellectual property to participate in international competition.

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