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Mainland China Trademark Office released an online addition of non-standard project declaration system

The Trademark Office of the State Intellectual Property Office of China (hereinafter referred to as the Trademark Office) issued an online trademark registration application for non-standard project declaration system on May 20, 2020, which has been open to the public. After the release of the system, it will change the way in which non-standard projects can only be submitted in paper applications. When applying for trademark registration through the online system, applicants can not only choose to declare acceptable projects that have been disclosed, but also fill in non-standard projects by themselves, so as to work out the complete electronic application of trademark registration. Non-standard items refer to acceptable items that are not listed in the “Similar Goods and Services Classification Table”, but whose project

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The State Intellectual Property Office of Mainland China will open trademark invalidation and other online application functions

The State Intellectual Property Office of Mainland China announced on May 25, 2020 that it will continue to deepen the reform of trademark registration facilitation, open trademark invalidation, opposition, and cancellation for three years without using the online application function. The whole process of reviewing cases electronically is the direction that the Trademark Review and Adjudication Board (hereinafter referred to as the Trademark Review and Adjudication Board) has been working hard and is an important part of promoting “smart review”. After the outbreak of the COVID-19 epidemic, “cloud review” has played an active role in promoting smart review, so that parties can still enjoy a full range of review services without leaving their homes.   “Cloud Review” resolves old trademark disputes On April 8, 2020,

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The China National Intellectual Property Administration (CNIPA) issued related remedies for patents, trademarks, and integrated circuit layouts affected by the epidemic

The China National Intellectual Property Administration (hereinafter referred to as CNIPA) issued the rights and interests of parties who have delayed the statutory or specified period of patent law, trademark law, and integrated circuit layout design protection regulations due to the impact of the COVID-19. The relevant remedies are as follows: (1) Delay in the relevant term of the Patent Law If the parties delay the period specified under the Patent Law and its implementation rules or the period specified by CNIPA due to the above epidemic situation, and thus lose their rights, the provisions of paragraph 1, Article 6 of the Implementation Rules of the Patent Law shall apply. The parties may request the restoration of rights within 2 months from the date of

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Update of Japan Platform for Patent Information (J-PlatPat)

Japan Patent Office (JPO) is working to improve the functions of Japan Platform for Patent Information (J-PlatPat) in order to respond to users’ more sophisticated and diverse needs for IP information.  JPO renewed J-PlatPat together with the change of User Interface on May 7, 2019 1. Now, in order to follow the revision of the Design Act in Japan and enhance convenience more, JPO will make the function improvements. Functions to be improved are mainly as follows: (1) New function to display Related Designs in a tree diagram manner. (2) Add search service with new classifications, etc. assigned to Designs for graphic images, buildings, and interiors 2. (3) Add Search service with new figure classifications assigned to Trademarks comprised of three-dimensional shapes such as store exteriors

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The amendments of Australia’s 2020 Intellectual Property Law come into effect and will gradually abolish innovation patents

The amendments to Australia’s 2020 Intellectual Property Law(Productivity Commission Response Part 2 and Other Measures) received Royal Assent on 26 February 2020 and has now become law. The amendments amended the design Patent Law of 2003, the Patent Law of 1990 and the trademark law of 1995, and initiated the process of gradually abolishing the innovation patent system.   Abolish innovation patents gradually The Australian government’s decision to gradually abolish innovation patent is due to ineffective results. Evidence shows that the new innovation patent system has caused a net loss of 11 million Australian dollars per year for Australian enterprises. Not only does it fail to incite R&D energy for enterprises, but it also enables large enterprises to hinder the innovation of small and medium-sized

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WIPO’s Beijing Treaty on Audiovisual Performances Set to Enter into Force with Indonesia’s Ratification; Aims to Improve Livelihoods of Actors and other Audiovisual Performers

The Beijing Treaty on Audiovisual Performances gained a key 30th member, Indonesia, allowing entry into force of the international agreement designed ultimately to improve earning  for actors and other audiovisual performers vital to the films and television shows beloved by viewing publics worldwide. With the ratification of Indonesia on January 28, 2020, the Beijing Treaty will enter into force for its 30 contracting parties on April 28, 2020. WIPO member states in 2012 approved the Treaty at a Diplomatic Conference hosted by the Chinese Government in Beijing, from where the Treaty takes its name. About the Beijing Treaty The Beijing Treaty deals with the intellectual property (IP) rights of performers in audiovisual performances, notably by bolstering five kinds of exclusive economic rights for the beneficiaries’ performances fixed

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EPO publishes grounds for its decision to refuse two patent applications naming a AI Inventor (DABUS) as inventor

The EPO has published its decision setting out the reasons for its recent refusal of two European patent applications in which an AI system was designated as the inventor. Both patent applications, entitled “A food container and an AI application for search and rescue equipment”, indicate “DABUS” as inventor. The applicant stated that he can apply for a patent as he is the owner of the AI system and acquired the right to the European patent from the inventor by being its successor. The applications EP 18 275 163 and EP 18 275 174 were refused by the EPO following oral proceedings with the applicant in non-public in November 25, 2019, on the grounds that they do not meet the requirement of the (European Patent

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Reports on Patent Prosecution Highway (PPH)

Extension of Patent Prosecution Highway (PPH) Trial for Five Patent Offices (IP5) According to the joint decision of the European Patent Office (EPO), the Japan Patent Office (JPO), the Korean Intellectual Property Office (KIPO), the China National Intellectual Property Administration (CNIPA) and the United States Patent and Trademark Office (USPTO), starting on January 6, 2020, the IP5 PPH trial plan will be extended for another 3 years until January 5, 2023. The IP5 PPH trial plan was first launched on January 6, 2014 and lasted for 3 years. It was extended for the first time on January 6, 2017 and will end on January 5, 2020. Extension of Chinese and Czech’s Patent Prosecution Highway (PPH) Trial According to CNIPA and the Czech Patent and Trademark

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EUIPO released the latest report on the value of EU SME trademark authorization

According to the latest report released by the European Union Intellectual Property Office (EUIPO), between 2013 and 2017, a total of 7.5% of SMEs licensed their EU trademarks (EUTMs) to other manufacturers. During the same period, the average annual income of each enterprise from authorized EUTMs is estimated to be close to EUR65,000, equivalent to 5.7% of the average annual turnover of SMEs, and the annual income of all EU SMEs through trademark licensing is estimated to be 1.9 billion euros. The report also assessed that the total value of intangible assets reflected in EUTMs authorized by these SMEs reached EUR38 billion, which is equivalent to EUR1.3 million in intangible assets per enterprise (estimated on an average of 20 years for each EU trademark). This

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European Commission (European Commission) issued a report on the protection and enforcement of IPR in third countries

The European Commission (European Commission) released a semi-annual report on IPR protection and enforcement in third countries (hereinafter referred to as the “Third Country Report”) on January 9, 2020. The “Third Country Report” pointed out that the status of IPR protection and enforcement in countries outside the European Union has received great attention, which has prompted the European Commission to update its current list of priority observation countries. The purpose is to improve the global IPR protection and enforcement situation, and inform right holders, including small and medium enterprises, of the potential risks they may encounter when conducting business in certain countries. The “Third Country Report” included the protection of plant variety rights for the first time. The European Union Intellectual Property Office (EUIPO) through

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