Thursday, December 27, 2012

Tuesday, December 18, 2012

China IP Watch: World-class High-Tech Zone Rising in the West

Source: China Daily

World-class High-Tech Zone Rising in the West

By Li Fusheng (China Daily)

Since its establishment in 1991, the Xi'an High-Tech Industries Development Zone in Northwest China's Shaanxi province has made big strides toward its goal of becoming a world-class zone in the sector.

Official statistics show that the 307 square kilometer zone is now home to 16,800 enterprises that generated 328.36 billion yuan ($52.2 billion) in revenues in the first seven months of 2012, 30 percent more than the same period last year.

"Another big stride has been made with the arrival of Samsung Electronics," said Zhao Hongzhuan, director of the zone.

The South Korean consumer electronics maker began construction on its $7 billion flash memory chip plant earlier this month, just five months after the contract was signed.

The project, the largest foreign investment in the information and electronics industry China has ever received, is already attracting others to follow suit.

A US-based chemical engineering company, which once refused the invitation to invest in Xi'an, has decided to build a $2 billion project in the zone after Samsung's arrival, Zhao said.

In addition to luring companies with the help of giants like Samsung, the zone has long been attracting them through its own advantages.

"We have good infrastructure and we are spending to improve it," Zhao said, noting that the zone invested 22.47 billion yuan in infrastructure from January to July alone.

The zone now 17 national-level industrial parks for opto-electronics, software and integrated circuits, as well as 23 business startup parks.

With a combined area of more than 1 million square meters, the startup parks have now produced more than 1,200 companies, according to a report from the high-tech zone.

The zone's administrative committee also encourages engineers and college graduates to start businesses by offering free administrative services.

"This means that combined they can save around 20 million yuan per year," said Zhao, adding that the measure is expected to help add around 3,000 new companies each year her established in the zone.

"We will try to help around 10,000 new startups in five years so that they can ensure the zone's sustainable development," Zhao said.

As part of the campaign to drive growth in new companies, the zone authorities also help facilitate access to loans.

The local Chang'an Bank has set up a branch to offer financial support to small and medium-sized technology enterprises.

Others including Bank of Xi'an, China Merchants Bank and China Construction Bank, are expected to soon follow, according to Zhao.

Since many new companies have few hard assets - a frequent prerequisite for banks to lend money - the zone has negotiated with Standard Chartered Bank's local branch to offer small, unsecured loans to micro and small enterprises.

"Such loans, usually ranging from 300,000 to 1.5 million yuan, can provide them with the funds they require to go ahead," Zhao said.

In addition, the high-tech zone itself has earmarked 1 billion yuan per year to boost development of some industries including IT and electronics, according to reports in Xi'an Daily.

Official statistics from 2011 show that 13 companies had revenues of more than 10 billion yuan each, 64 generated 1 billion yuan and 265 had 100 million yuan.

The zone is now home to 50 listed companies, 60 percent of all publicly traded companies in Shaanxi province. The figure is expected to reach 100 by 2015, Zhao said.

(China Daily 09/25/2012 page 6)

China IP Watch: Zhongguancun Aims at Another "Silicon Valley"

Source: China Daily

Zhongguancun Aims at Another "Silicon Valley"


BEIJING - Zhongguancun, a technology hub in Beijing, will be as synonymous with IT innovation in ten years as Silicon Valley is, according to a draft of the country's 12th Five-Year Plan.

Zhongguancun will be built into an innovation center that would be known internationally, according to the draft plan, the blueprint of China's development in the coming five years, which national legislators are deliberating.

The State Council, China's Cabinet, has recently approved a Development Plan for the Zhongguancun National Innovation Demonstration Zone (2011-2020) that allows the area to try out new measures and pilot projects, said Zhang Gong, a deputy to the National People's Congress (NPC).

According to the zone's development plan, the total revenue of Zhongguancun is targeted at 10 trillion yuan ($1.5 trillion) in 2020, a big jump from the 1.3 trillion-yuan-revenue in 2009.

To reach this goal, Beijing's municipal officials said that in the next five years the city would use 50 billion yuan from the fiscal revenue to help commercialize scientific and technological innovations.

In addition, the government would procure 30 billion yuan of independently innovated products made in the zone.

Beijing will also help at least 300 companies to grow capital to at least 1 billion yuan, which, in turn, can push forward the development of the entire industry.

Zhongguancun's growth will go a long way toward repositioning Beijing as the national innovation center, which is also stated in the municipal 12th Five-Year Plan.

"It will also play a strategic role in putting China on the track of innovation-based development," said Fang Xin, a deputy to the NPC.

Liu Chuanzhi, chairman of the board of Lenovo Group Limited, said, "As Zhongguancun embarks on its new endeavor, we will also see a new group of entrepreneurs."

The total revenue of nearly 20,000 companies in Zhongguancun was 1.55 trillion yuan last year, up by 20 percent year on year. The area accounted for 19.2 percent of Beijing's GDP.

China IP Watch: Latest Draft of New Copyright Law Released

Source: China Daily

After Long Review,  Latest Draft of New Copyright Law Released

By Hao Nan ( China Daily)

he third version of a draft amendment to the copyright law is finally complete after long public review and repeated discussions among experts, according to the National Copyright Administration.

"We are now working on the legislative explanation for the draft amendment and will submit it to the State Council by the end of the year," said Wang Ziqiang, director of the NCA's legal affairs department.

If approved, the draft will be presented to the National People's Congress Standing Committee, China's top legislature, for consideration, Wang noted.

According to the copyright official, the draft has 90 clauses, 29 more than the existing law, and more protection for copyright holders.

He said major changes include protection of artists' rights to profit from the resale of their works and more avenues for statutory compensation to copyright owners.

New measures in the draft also include punitive compensation for copyright violations and increased monetary awards.

The scope of presumption of fault has also been expanded.

The draft also has a clause mandating so-called statutory licensing that sets a standard fee and permits use of a work without seeking the copyright holder's prior consent.

"It is a restriction on copyright holders to satisfy the demands of the public for artistic works. It promotes information dissemination, but needs improvement in remuneration protection for the copyright holders," said Zhang Hongbo, secretary-general of China Written Works Copyright Society.

The draft mandates formation of a copyright management administration to collect fees even if copyright holder cannot be found.

It also references the country's other intellectual property laws and copyright laws in other countries and regions.

The first version of the draft was published in March to seek public feedback. The administration received more than 1,600 suggestions from government sectors, courts, the music industry, website operators and software companies. The second version was published four months later.

Wang said many suggestions have been adopted in the third version, but drafters were careful to avoid bias.

Reasonable suggestions that were not adopted in the draft will also be given to the State Council along with the draft, he said.

(China Daily 11/07/2012 page11)

China IP Watch: Revisions Give Trademark Law More Teeth

Source: China Daily

Revisions Give Trademark Law More Teeth

By Zhang Zhao ( China Daily)

Sounds, smells, colors and moving objects can become trademarks under the latest draft amendment of China's Trademark Law, approved at an executive meeting of the State Council on Oct 31.

The amendment is "a response to emerging problems", said Zhang Jianhua, an official with the Legislative Affairs Office of the State Council.

The law was previously amended in 1993 and 2001, and Zhang said the current amendment mainly focuses on three aspects - making trademark registration more convenient, maintaining fair market competition and increasing punishments for infringement.

The State Administration for Industry and Commerce has taken a series of measures since 2008 to improve procedures for trademark examination. The process formerly took up to three years to complete, but the time required has been reduced to less than 10 months, and Zhang said there is still a possibility the period can be further shortened.

Under the current law, applicants must submit separate applications to register the same trademark under several different categories.

If the draft amendment takes effect, only one application can cover the same trademark in all categories.

"Now, if a company wants to apply for a trademark in all of the 45 categories, it needs 45 applications," explained Yuan Qi, a senior official of China Trademark Association. "But in the future, it will need only one."

Rather than rejecting entire applications outright if there are issues with the materials submitted by an applicant, the authority will issue a position paper under the new law.

The second amendment of the law in 2001 allowed 3D objects to be used as trademarks. The new amendment has also removed requirements that trademarks must be composed of visual elements, meaning sounds and smells can now be registered as trademarks in addition to words and graphics.

Similar rules were added as early as 2003 to the trademark law of Taiwan, where the legal system is different from that of the mainland. According to the rules, "words, graphics, signs, colors, sounds, three-dimensional shapes and their combinations" can be registered as trademarks.

The protest mechanism has also been improved in the latest amendment. Under the current law, anyone can file a complaint for any reason against a trademark over the three-month review period, which allows the applicant's competitors to raise protests with the malicious intent of stopping it from acquiring the trademark, Yuan said.

To prevent abuse of the law, the amendment will specify the grounds for a legitimate protest and limit who can lodge one.

Greater penalty

"Trademarks play a crucial role in improving a company's competitiveness," said Zhang.

Abuse of the trademark system will damage the market environment, Zhang said.

"Malicious trademark registration not only does harm to the rights of the trademark owners and consumers but is also a waste of resources," he added.

The new amendment is expected to increase the ceiling of fines imposed on trademark infringement from 500,000 yuan ($80,250) to 1 million yuan. Those who have infringed on trademarks more than once will receive even heavier penalties.

Using other people's trademarks as company names will also be regarded as infringement.

(China Daily 11/16/2012 page17

China IP Watch: Patents a Deciding Factor in Technology Awards

Source: China Daily

Patents a Deciding Factor in Technology Awards

By Hao Nan ( China Daily)

The number of patents owned by scientists is playing a more significant role in determining whether or not they will be awarded China's science and technology prizes, experts say.

For his achievements in the development of safer pesticides, Song Baoan, a professor from Guizhou University, recently won a Science and Technology Innovation Award this year from the Hong Kong-based Ho Leung Ho Lee Foundation. It is the most influential non-government prize in China.

He also owns eight related invention patents.

In fact, nearly all the 50 winners of the foundation's prize this year are holders of invention patents, and on average they each own 17.8, which is an increase of about 50 percent compared to the last session.

It is also a common phenomenon in China's other major science and technology awards, experts say.

For example, the gold prize winner of the 2011 National Science and Technology Progress Award had 21 related invention patents.

"Invention patents reflect the level of a country's technological innovation. More importance has been attached to patents in China since the central government implemented a state intellectual property strategy in 2008," said Duan Ruichun, secretary-general of the foundation.

The number of patent applications has increased too. In 2011, the State Intellectual Property Office recorded more than 1.63 million patent applications, including some 526,000 for invention patents, ranking first in the world.

Gao Wen, member of the HLHL Foundation awards selection committee, believes the increase in the number of invention patent shows China is making a progress in terms of its indigenous innovation capacity.

China's leaders are calling for more indigenous innovation, which means the country must develop its own technologies and proprietary products to help enterprises across the nation transform from manufacturers into innovators and product designers, government officials have said.

The patent boom also indicates that China is developing a good environment for scientific innovation. The central government is helping research staff enhance their capabilities in terms of patent utilization, protection and management, Gao told China Intellectual Property News.

While analysts recognize that invention patents are surely vital to a country's core competitiveness, they say it is hard to make real profits without commercialization.

Converting research ideas into marketable products is the dream of most inventors. For Song, the dream came true.

His highly efficient and low-toxicity pesticides can help China decrease its dependence on imports as well as ease the pollution and other negative effects from pesticide residue on soil. Farmers can also enjoy a much lower price compared to imports.

But, commercialization is too uncertain for many inventors, and often a bridge is needed, experts say.

Fortunately, Chinese government agencies at all levels have started to promote patent commercialization.

A patent operation center was established in Jiangsu province this year to help companies find potential buyers of their patents. And similar services can also be found in Zhejiang, Shanghai, Tianjin and Beijing.

In addition, many provincial governments provide financial support to help local companies turn their patented technologies into marketable products.

For individual inventors, the China Association of Inventions will serve as the bridge.

"China has a large number of individual inventors - about 400,000 on record," said Lu Dahan, secretary-general of the association, at a forum. "And, we have been helping them explore paths toward commercialization in recent years."

In addition to monetary awards, Lu said the association will also help inventors cooperate with companies by transferring their patents or contributing the patents as equities.

Moreover, "the association will introduce more risk investment institutions to provide financial support", Lu said.

(China Daily 11/16/2012 page17)

China IP Watch: Official Views from China

In this series of blog entries, we will present a number of interesting articles regarding intellectual property from China Daily, the official state-run English newspaper. The articles are intended for informational purposes only, reflecting official views from China.

Monday, December 17, 2012

Friday, December 14, 2012

New Federal Circuit Opinions - Dec. 14, 2012

In re Rosuvastatin Calcium Patent Litig., Nos. 2010-1460,-1461,-1462,-1463,-1464,-1465,-1466,-1467, -1468,-1469,-1470,-1471,-1472,-1473 (Fed. Cir. Dec. 14, 2012).

Thursday, December 13, 2012

Friday, December 7, 2012

Thursday, December 6, 2012

Tuesday, December 4, 2012

Tuesday, November 27, 2012

Wednesday, November 21, 2012

Monday, November 5, 2012

Wednesday, October 31, 2012

Friday, September 28, 2012

New Federal Circuit Opinions - September 28, 2012

Pozen Inc. v. Par Pharm., Inc., Nos. 2011-1584, -1585, -1586 (Fed. Cir. Sept. 28, 2012).
In re. Abbott Diabetes Care Inc., Nos. 2011-1516, -1517 (Fed. Cir. Sept. 28, 2012).

Thursday, September 6, 2012

Tuesday, September 4, 2012

Friday, August 31, 2012

Wednesday, August 29, 2012

Friday, August 24, 2012

New Federal Circuit Opinions - August 24, 2012

ActiveVideo Networks, Inc. v. Verizon Commc’ns, Inc., Nos. 2011-1538, -1567, 2012-1129, -1201 (Fed. Cir. Aug. 25, 2012).

Eli Lilly & Co. v. Teva Parenteral Meds. Inc., Nos. 2011-1561, -1562, 2012-1037 (Fed. Cir. Aug. 25, 2012).

AFTG-TG, LLC v. Nuvoton Tech. Corp., Nos. 2011-1306, -1307 (Fed. Cir. Aug. 25, 2012).

Thursday, August 23, 2012

Wednesday, August 15, 2012

Monday, August 6, 2012

Wednesday, August 1, 2012

Monday, July 30, 2012

New Federal Circuit Opinions - July 30, 2012

Grober v. Mako Prods., Inc., No. 2010-1519, -1527 (Fed. Cir. July 30, 2012).
Novo Nordisk A/S v. Caraco Pharm. Labs., Ltd., No. 2010-1001 (Fed. Cir. July 30, 2012) (Order).

Wednesday, July 11, 2012

Tuesday, July 10, 2012

Tuesday, June 26, 2012

Thursday, May 10, 2012

New Federal Circuit Opinions - May 8, 2012

In re Youman, No. 2011-1136 (Fed. Cir. May 8, 2012).
In re Montgomery, No. 2011-1376 (Fed. Cir. May 8, 2012).
Leader Techs., Inc. v. Facebook, Inc., No. 2011-1366 (Fed. Cir. May 8, 2012).

Wednesday, April 18, 2012

Kappos v. Hyatt, 566 U.S. ___ (2012)

Kappos v. Hyatt, 566 U.S. ___ (2012).

New Federal Circuit Opinions - April 17, 2012

USPPS, Ltd. v. Avery Dennison Corp., No. 2011-1525 (Fed. Cir. Apr. 17, 2012).

New Federal Circuit Opinions - April 16, 2012

In re Cyclobenzaprine Hydro-chloride Extended-Release Capsule Patent Litig., No. 2011-1399, -1409 (Fed. Cir. Apr. 16, 2012).

Dey Pharma, L.P. v. Sunovion Pharms. Inc., No. 2011-1507 (Fed. Cir. Apr. 16, 2012).

New Federal Circuit Opinions - April 12, 2012

In re Becton, Dickinson & Co., No. 2011-1111 (Fed. Cir. Apr. 12, 2012).

New Federal Circuit Opinions - April 11, 2012

Memorylink Corp. v. Motorola, Inc., No. 2010-1533 (Fed. Cir. Apr. 11, 2012) (Order).

New Federal Circuit Opinions - April 9, 2012

Noah Sys., Inc. v. Intuit Inc., No. 2011-1390 (Fed. Cir. Apr. 9, 2012).

Aventis Pharma S.A. v. Hospira, Inc., No. 2011-1018 (Fed. Cir. Apr. 9, 2012).

In re MSTG, Inc., No. 2011-m996 (Fed. Cir. Apr. 9, 2012).

New Federal Circuit Opinions - April 3, 2012

Advanced Fiber Techs. Trust v. J&L Fiber Servs., Inc., No. 2011-1243 (Fed. Cir. Apr. 3, 2012).

Monday, March 5, 2012

Thursday, February 9, 2012