LONGAN IP Newsletter No.11 2024

Contents

LoTải app 8xbetn News

LoTải app 8xbetn Lawyers Successfully Represented a Syndicate in a Major Financial Case Involving Over CNY 2 Billion

Lawyer Cindy Quan Invited to Lecture for the Japan Patent Office and JETRO

China IP News

The CNIPA and the SAMR Issue Measures for Calculation of Illegal Revenue in Trademark Infringement Cases

The SAMR Issues Anti-monopoly Guidelines on Standard Essential Patents

LoTải app 8xbetn Comments

LoTải app 8xbetn Assists a Client in Successfully InvalidatiTải app 8xbetn Invention Patent


LoTải app 8xbetn News

LoTải app 8xbetn Lawyers Successfully Represented a Syndicate in a Major Financial Case Involving Over CNY 2 Billion

Recently, LoTải app 8xbetn successfully represented a syndicate consisting of three major domestic commercial banks in a financial loan contract dispute. The case, involviTải app 8xbet total amount exceeding CNY 2 billion and seven defendants, including the borrower and guarantors, has a favorable outcome at the first instance by the Beijing Financial Court.

This case is characterized by many parties, complex legal relationships, and extensive property preservation measures. Within less than a year, LoTải app 8xbetn secured a victory with an effective judgment, safeguarding the syndicate’s legal rights and interests.

https://mp.weixin.qq.com/s/P-qspxtCB51ASmmClZ02hA

Lawyer Cindy Quan Invited to Lecture for the Japan Patent Office and JETRO

Recently, Cindy Quan, Senior Partner of LoTải app 8xbetn Law Firm, was invited as the keynote speaker for the IPG Seminar on “Recent Developments in Chinese Intellectual Property Litigation”, co-hosted by the Japan Patent Office (JPO) and the Japan External Trade Organization (JETRO).

At the seminar, Ms. Quan provided an in-depth analysis of the latest developments in Chinese IP litigation, covering the classification of IP disputes, litigation process, and key points at each stage, while incorporating recent judicial gist. The event attracted over 230 industry experts, including Japanese examiners and corporate representatives. Ms. Quan’s presentation, which was both insightful and accessible, received unanimous praise, achieviTải app 8xbet 100% satisfaction rate in the post-event survey.

As the founding partner of LoTải app 8xbetn IP team, Ms. Quan leads a team of 210 IP professionals. The team provides comprehensive, one-stop IP services to domestic and international enterprises, from securing rights to enforcing them. To date, LoTải app 8xbetn IP team has handled over 20,000 patent and trademark applications, and represented more than 190 patent litigation and over 200 trademark dispute cases each year. Many of these cases have been recognized as typical cases by the Supreme People’s Court and local courts, including 7 cases in 2022 and 10 cases in 2023.

https://mp.weixin.qq.com/s/aHTKTFAE64v8bdY9rRux4A

China IP News

 

The CNIPA and the SAMR Issue Measures for Calculation of Illegal Revenue in Trademark Infringement Cases

Recently, the China National Intellectual Property Administration (CNIPA) and the State Administration for Market Regulation (SAMR) have jointly issued the Measures for Calculation of Illegal Revenue in Trademark Infringement Cases (the “Measures”), which take effect immediately upon issuance.

The Measures, comprising 19 sections, establish detailed regulations that define illegal revenue, and outline general standards for calculating illegal revenue, and standards for calculating illegal revenue in complex infringement cases. They also address the situation where actual illegal revenue cannot be determined and the special circumstance where certain amount is not included in illegal revenue, and detail the method for calculating illegal revenue in reverse transfers. These provisions aim to resolve various disputes and prominent issues, providing specific and standardized guidance to trademark law enforcement authorities for calculating illegal revenue and creatiTải app 8xbet highly transparent and predictable intellectual property protection environment for business entities. According to the Measures, the value of infringing goods already sold shall be calculated based on the actual selling price. For goods that have been manufactured but have not yet been affixed with marks that infringe upon a registered trademark, if there is substantiated and sufficient evidence that the goods will infringe on one’s exclusive rights to use a registered trademark, their value shall be included in the illegal revenue.

https://mp.weixin.qq.com/s/EzomxTDXWiUyJNP8MBY6bg

 

The SAMR Issues Anti-monopoly Guidelines on Standard Essential Patents

Recently, the State Administration for Market Regulation (SAMR) has issued the Anti-monopoly Guidelines on Standard Essential Patents (the “Guidelines”), effective on the date of issuance.

The Guidelines, consisting of six chapters and 22 articles, primarily address the following issues: information disclosure, licensing commitments and good-faith negotiations related to standard essential patents (SEPs), monopoly agreements involving SEPs, abuse of dominance related to SEPs, and concentrations of undertakings related to SEPs. The Guidelines require undertakings to fulfill compliance obligations such as information disclosure from the perspectives of fair market competition and anti-monopoly regulatory enforcement, while clarifying how these compliance requirements are related to the identification of monopolistic practices. Additionally, the Guidelines outline scenarios including monopoly agreements in the process of standard development and implementation, and patent pools and other monopoly agreements involving SEPs.

https://www.samr.gov.cn/xw/mtjj/art/2024/art_262cfcbd612b4a7780311c1c20afecb3.html

LoTải app 8xbetn Comments

 

LoTải app 8xbetn Assists a Client in Successfully InvalidatiTải app 8xbetn Invention Patent

Recently, LoTải app 8xbetn lawyers Cindy Quan, Jianjun Fu, and Xiaojun Zheng successfully handled a patent invalidation case involving Patent No. 201980034039.6, titled “Eyeglass Lens”. Representing the client to file the invalidation request, LoTải app 8xbetn convinced the CNIPA to rule in their favor. On July 15, 2024, the CNIPA invalidated the entire patent on the ground of its non-compliance with Article 26(3) of the Patent Law.

In this case, LoTải app 8xbetn team thoroughly analyzed the patent examination documents, the background technology cited in the specification, and related patents held by the patentee. From multiple perspectives, the team identified the invention’s purpose and the factors contributing to the resolution of its technical problem. They argued that the specification failed to sufficiently disclose the claimed technical features, including the “stray light suppression structure”, “stray light lines being less than 30% of incident light lines”, and “full width at half maximum below 0.2 mm”. The invalidation request was supported by evidence of insufficient disclosure, unclear claims, lack of support for claims in the specification, and lack of inventiveness. After the patentee responded, LoTải app 8xbetn tailored further arguments, compelling the patentee to provide inconsistent responses. During oral hearings, the patentee eventually abandoned their previously contradictory responses.

After two rounds of oral hearings, the CNIPA fully upheld LoTải app 8xbetn’s arguments, ruling the patent invalid in its entirety for insufficient disclosure under Article 26(3) of the Patent Law.

https://mp.weixin.qq.com/s/ZvOe6cgz8xwmmIWNnqfNWQ

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