China IP Newsletter (April 2017)


Get involved! Business IP events in mainland China and Hong Kong

Later this month we will hold a number of business events with partners across mainland China and Hong Kong. The UK’s IP Attaché Tom Duke will discuss IP trends to watch in 2017, including IP and e-commerce, bad-faith trade marks and creative industries collaborations. Come along to hear about our flagship UK-China IP activities, including UK-China Copyright Week (in June) and the 2017 UK-China IP Symposium. Help shape our programmes by sharing your experiences and priorities. Upcoming events are:

  • [Shanghai] Tuesday April 18, 1200-1400: Co-hosted with the China-Britain Business Council (CBBC) at the British Centre, Shanghai. RSVP and more information here.
  • [Beijing] Friday April 21 1200-1400: Co-hosted with the Confederation of British Industy (CBI) at the British Ambassador’s Residence. For RSVP and more information please contact Nile Zheng at the CBI Beijing Office.
  • [Guangzhou] Wednesday April 26, 1200-1400: Join us on World IP Day! Co-hosted with the China-Britain Business Council (CBBC) at the Mandarin Oriental hotel. RSVP and more information here.
  • [Hong Kong] Thursday April 27, 0800-0915: Co-hosted with the British Chamber of Commerce, Hong Kong. RSVP and more information here.

 

TRADE MARKS & GEOGRAPHICAL INDICATIONS:

Trade mark fees reduced by 50%

Further to the recent reduction of trade mark application fees, the China Trademark Office (CTMO) has announced that from April 1, 2017 administrative fees for other trade mark procedures will be reduced by 50%. Reductions apply to oppositions, cancellations, trade renewals, assignment and other procedures. More here (in Chinese).

Tencent is China’s most valuable brand

According to a consumer survey Tencent is China’s most valuable brand. The survey was undertaken by Brandz on behalf of WPP. Tencent was valued at US$10 billion (approx. £8 billion). Tencent has topped the ranking of Chinese brands for two consecutive years. Technology companies, banks and telecommunications providers were well represented in the rankings, as were brands in the oil and gas sector. More here (in English and Chinese).

 

COPYRIGHT & CREATIVE INDUSTRIES:

Copyright recordal for software fees are abolished

The Chinese Ministry of Finance (MOF) has announced that from April 1, 2017 copyright recordal for software will be free of charge. This is part of a cross-government effort to reduce administrative fees for a number of official processes. Software copyright recordals in China exceeded 400,000 works in 2016, maintaining the rapid growth of recent years. Applications for the recordal of copyright for international rights holders can be handled by the Copyright Protection Center of China (CPCC). More here (in Chinese).

 

PATENTS, INDUSTRIAL DESIGNS & INNOVATION:

Consultation on accelerated patent examination

The State Intellectual Property Office (SIPO) has released draft Measures on the Administration of Priority Patent Examination for public consultation. The deadline for submitting comments is May 6, 2017. Areas under revision include adding infringement risk as a justification for acceleration, the introduction of a new fast-track channel for re-examination and invalidity hearings, and the expansion of the scheme to cover utility model and design right applications. The Measures are not expanded to enable access by foreign applicants. Comments can be provided directly to SIPO, and we would be interested to hear from British companies that plan to contribute to the consultation. Please contact Monica Su if you would like to discuss further. More here (in Chinese).

 

OTHER ENFORCEMENT & TRADE SECRETS:

Consultation on anti-competitive abuse of IP rights

The State Council Anti-Monopoly Commission has released draft Guidelines on Anti-Competitive Abuse of IP Rights for public consultation. The deadline for submitting comments is April 21, 2017.  The Guideline implements provisions of the Chinese Anti-Monopoly Law and is a consolidation of input from State Administration for Industry and Commerce (SAIC), National Development and Reform Commission (NDRC), Ministry of Commerce (MofCom) and State Intellectual Property Office (SIPO). More here (in Chinese).

iPhone sales ban lifted by Beijing court

The Beijing Intellectual Property Court has overruled an earlier decision made by the Beijing Intellectual Property Office (BJIPO) and determined that Apple’s iPhone 6 and other models do not infringe a design right registered by Shenzhen Baili Marketing Services. Baili’s design patent was registered 2 months prior to the launch of Apple’s iPhone 6. More here (in Chinese).

If you would like any further information on any of the above matters or to discuss Embassy support for your company in China please contact Su Hong (Su.Hong@fco.gov.uk).