English  |  中文版

PRC Gov. Agencies
2012 Work Report
Date:2013-07-05



    n 2011, the Patent and Innovation Committee Chair and vice Chairs, and the Supporting QBPC Vice Chairman worked very closely as a team and successfully implemented all the following 6 projects that the Committee planed:
     
    Projects Overview

    • Projects with the People’s Courts
    • The Supreme People’s Court(SPC)–Enhancing Civil IPR Judicial Protection
    • The Beijing Higher People’s Court – Patent Infringement Determination Opinions
    • The Shanghai Higher People’s Court – Inventor Remuneration

     

    • Projects with the State Intellectual Property Office(SIPO)
    • Patent Portfolio Research
    • Examination and Validity

     

    • Project with the International Intellectual Property Research Center of Peking University
    •  IPR Misuse

     
     
    1. Project with the Supreme People’s Court Enhancing Civil IPR Judicial Protection
     
    QBPC, SPC and Chongqing Higher People’s Court co-organized the conference on enhancing IPR protection on November 17, 2011 in Chongqing. Mr. Kong Xiangjun, Chief Judge of the IPR Tribunal of the SPC, Mr. Jin Kesheng, Deputy Chief Judge of the IPR Tribunal of the SPC, Ms. Xia Junli, Primary Judge of the IPR Tribunal of the SPC, and more than 70 judges from 18 higher people’s courts, 12 intermediate people’s courts and 7 basic people’s courts all over China attended the conference. From QBPC, Mr. Jack Chang, Chairman of QBPC, Mr. Yun Xuan, Chairman of Legal Committee, Mr. S. Sam Li and Mr. Zeng Fei, Vice Chairmen of the Patent and Innovation Committee, and 15 representatives from QBPC member companies took part in the conference. Mr. Xi Xiaoming, SPC Vice President participated the conference lunch. Chief Judge Kong gave a keynote speech on "Drive Innovative Practices by Innovative Theories". This conference focused on enhancing protection, particularly damages.
    During the conference, QBPC leaders also had opportunities to discuss issues and future cooperation with the judiciary leadership, including the Vice President of the SPC, Mr. Xi Xiaomin, other judges of the SPC as well as chief judges from various higher people’s courts from Beijing, Shanghai, Guangdong and so forth. The conference created a favorable atmosphere for enhancing IPR protection and strengthening collaboration between the courts and QBPC.
     
    2. The Project with Beijing Higher People’s Court on the Patent Infringement Determination Opinions
     
    This project was conducted through two conferences respectively on August 11 to 12, 2011 and August 30-31, 2011 in Beijing.
     
    The first of the two conferences on the Determination of the Patent Infringement organized by the Beijing Higher People’s Court and QBPC was held from August 11 to 12, 2011 in Beijing. More than 100 attendees attended this seminar, including Judges from the Supreme People’s Court (SPC), Beijing Higher People’s Court, Beijing No.1 Intermediate Court and Beijing No. 2 Intermediate Court, other Higher People’s Courts in various provinces, the examiners or officials from the State Intellectual Property Office (SIPO), patent attorneys and agents, and representatives from QBPC member companies.
     
    At the conference, based on the draft of the Opinions on Determination of Patent Infringement drafted by Beijing Higher People’s Court, the attendees had some hot and deep discussion on some issues concerning the determination of patent infringement. The Beijing Higher People’s Court has revised several rounds of the Opinions and called for comments from the public before the conference. And QBPC has provided comments and suggestions on two versions of these drafts.
    During the conference, nearly twenty representatives from the courts, SIPO, agents and the enterprises gave speeches on subjects such as interpreting the scope of patent claims for invention and utility model patents, doctrine of equivalence, interpreting product by function/process claims, the determination of the patent infringement of invention, utility model and design patents, and patent infringement defense. In the presentations, speakers used a good amount of real cases relevant to the provisions in the Opinions. Claim interpretation was a particular subject of focused discussion. Consensus was being built for some of the topics but divisions also existed for many issues among judges and practioners.
     
    The Second of the Two Conferences on the Determination of the Patent Infringement organized by the Beijing Higher People’s Court and QBPC was held from August 30 to 31, 2011 in Beijing. More than 100 attendees participated, including Judges from the courts all over the country, officials from SIPO, representatives from QBPC member companies and IP lawyers and agents. At the conference, the attendees discussed article by article the forth draft of the Opinions on Determination of Patent Infringement drafted by the Beijing Higher People’s Court. The fourth draft was amended based on experts comments collected from the first of the two conferences on Determination of the Patent Infringement the Beijing Higher People’s Court and QBPC jointly sponsored. There are good discussions, debates, suggestions and comments provided by attendees of the conference.
    3. Project with Shanghai Higher People’s Court on the Inventor Remuneration
     
    This project was conducted through two workshops respectively on June 8, 2011 and October 20, 2011 in Shanghai.
     
    The first of the two Workshops on the Inventor’s Remuneration organized by IP Tribunal of Shanghai High People’s Court, and co-organized by Intellectual Property Research Institute of East China University of Political Science and Law (ECUPL) and QBPC was successfully held on June 8, 2011 in Shanghai. Mr. Zhu Dan, Chief Judge of IP Tribunal of Shanghai High People’s Court, Prof. Dr. Huang Wushuang, Associate Dean Intellectual Property Research Institute, ECUPL and Mr. Jack Chang, Chairman of QBPC addressed the speech at the opening ceremony.
    At the Workshop on the Inventor’s Remuneration, Mr. Zhang Xiaodu, Presiding Judge of IP Tribunal of Shanghai High People’s Court, Mr. Tao Xinliang, Dean and Professor of the Intellectual Property School of Tongji University, Mr. Liu Xiaohai, Prof. of Law School and Bayer IP Foundations of Sino-German Institute of Tongji University, Mr. Oliver Lutze, Head of IPR of Bayer, Mr. LiuYan from Huawei Technologies Co. Ltd, Dr. Xu Yang, Chief Patent Counsel of Simcere Pharmaceuticals, and Mr. Tony Chuang from SMIC, respectively representing the people’s courts, the academic institutions, the domestic and foreign-funded enterprises made vivid presentations and discussed the following topics: the issues related to the trial of the disputes over the reward and remuneration for the inventors or creators, the function of the invention remuneration system and the standard for calculating the invention remuneration , and how to establish an effective system of the invention remuneration and the employer’s exit mechanism, etc..
    At the Workshop on the Inventor’s Remuneration, the attendees represent a wide range of parties, including the scholars from the universities, the experts from the industry and the people’s courts, and the representatives from the foreign funded enterprises and the domestic enterprises. The Workshop provided a useful opportunity for judges, scholars and industry representatives to share views and thoughts with regard to the inventor’s remuneration.
     
    The second of the two Workshops on the Inventor’s Remuneration organized by IP Tribunal of Shanghai High People’s Court, and co-organized by the Intellectual Property Research Institute of East China University of Political Science and Law (ECUPL) and QBPC was successfully held On October 20, 2011 in Shanghai.
    During the workshop, Mr. Yin Xintian, former Director General of Treaty & Law Department of the State Intellectual Property Office (SIPO), Mr. Tao Xinliang, Dean and Professor, Intellectual Property School, Tongji University, Mr. Qiu Chenhe, the Legal Department of Shanghai Labor Union, Mr. Liu Xiaohai, Professor of the Law School and Bayer IP Foundations of  Sino-German Institute, Tongji University, Mr. Zhang Xiaodu, Presiding Judge of the IP Tribunal of Shanghai Higher People’s Court, Mr. Tang Maoren, Deputy Chief Judge of the IP Tribunal of Jiangsu Higher People’s Court, Mr. Zhou Ping, Presiding Judge of the IP Tribunal of Zhejiang Higher People’s Court, Ms. Liu Xia, Vice Chair of QBPC Patent and Innovation Committee & Senior IP Counsel of BASF, Mr. Xu Yang, Chief Patent Counsel, Simcere Pharmaceuticals, gave presentations and initiated discussions around the following issues: the basic premise behind the inventor’s reward and remuneration; after the termination of the labor relations, whether the employee-inventor still will have to be paid the reward and remuneration; whether the reward and remuneration to be paid to the employee-inventor’s can be inherited; whether the employee-inventor still will have to be paid the reward and remuneration when the employee franchise the patent rights; Does that the agreement on the reward and remuneration and the corporate bylaws must be legitimate and lawful mean that its content must be legitimate or its form must be legitimate? If it means that its content must be legitimate, then how to identify it? Whether a foreign patent right holder is qualified to be the owner of the employee-inventor’s reward and remuneration; how to deal with the employee-inventor’s reward and remuneration relationship between multi-nationals and their subsidiaries in China; and how to deal with the legal issues related to the employee-inventor’s reward and remuneration in a commissioned research program, etc.
     
    4. Projects with the State Intellectual Property Office on Examination and Validity

    On July 8, 2011, the Seminar about Art 26.3 and 26.4 under China Patent Law was jointly held by QBPC and All-China Patent Agents Association (ACPAA) in Beijing Lijingwan hotel. About 100 participants, including judges, the officials and examiners from SIPO, the patent attorneys from patent agencies and representatives from QBPC member companies, attended the meeting. Ms. Li Jian rong, Secretary-General of ACPAA, and Ms. Zhang Yan, Chairman of QBPC Patent and Innovation Committee gave their speeches at the opening ceremony respectively, expressing their best wishes and expectations on success of this seminar. During the seminar, nine speakers, from the Court, SIPO, patent agencies and the QBPC member companies, were invited to share their experience and insights regarding the Art 26.3 and 26.4 under China Patent law. Attendants raised their questions to, and shared ideas and suggestions with speakers actively and frequently. Speakers also shared their expertise and experiences with attendants. After the meeting, the attendants think this seminar is constructive and meaningful and a good opportunity to share and interact with each other.
     
    5. Projects with the State Intellectual Property Office on the Patent Portfolio Research
     
    This project is aresearch and analysis of current China patent portfolio distribution, ownership, lifecycle, quality, etc., in particularly how many patents are owned by individuals and NPEs, what kind of patents they are, how is the quality of these patents, how those patents are used or enforced, what kind of potential issues they may bring to the companies doing legitimate business in China, how to avoid or mitigate the risks, and what recommendations we could give to the companies, to the government bodies, to the courts to mitigate the risks, etc. The research work includes data collecting, data mining, data analyzing, interviews with industries, associations, patent agencies, patent administers, etc.
    A seminar with expert consultants as well as industries was held on December 28, 2011 in Beijing. About 50 participants attended it, including 36 QBPC representatives and the final research report will be sent to members later.
     
    6. Project with the International Intellectual Property Research Center of Peking University on the IPR Misuse
     
    A Workshop on How to Regulate the Abuse of the Intellectual Property Rights in the Antitrust Law organized by the International Intellectual Property Research Center of Peking University, China Intellectual Property Training Center, and QBPC was held on January 11, 2012 in Beijing. Representatives from the Supreme People's Court, Beijing court system and QBPC member companies, and the experts and scholars attended this workshop. The aim of this workshop discussed the issues, such as the abuse of intellectual property rights, the relationship between the abuse of intellectual property rights and the monopoly, the related legislation and practice in European Union and the United States, and how to regulate the abuse of intellectual property rights in the Antitrust Law in China, etc. and focused on the key points, difficult points and suggestions that China should consider when establishing the anti-trust rules of regulating the IPR Misuse; the laws and  regulations or guidelines, cases, decisions or opinions of USA, EU and other countries or regions; under China's current laws and regulations, the behavior of the intellectual property rights abuse and the determination of the abuse of intellectual property rights, excluding or restricting the competition; the legal consequences and liability of the abuse of intellectual property rights; the legal consequences liability of excluding or restricting competition. The final research report will be shared with members later.
     
    In addition, the Patent and Innovation Committee also organized QBPC members to provide the comments on the first and second Draft Opinions on Determination of Patent Infringement by Beijing High People’s Court respectively in March and May, 2011, the comments on the SIPO's Draft Measures for the Compulsory Licensing, the comments on the Provisions on the Methods for Marking the Patent Mark drafted by SIPO, the comments on the Regulations on the Patent Application Priority Review and the Guidelines of the Administrative Review Procedures and Standards drafted by SIPO etc. Based on members’ comments, the Patent and Innovation Committee worked out the QBPC position paper and submitted it to the related government authority. The Patent and Innovation Committee also held the Lunch Meetings at every QBPC quarterly membership meeting, which were very popular with the members.

Copyright © 2000-2014 QBPC. All Rights Reserved.  京ICP备12051283号