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NEWS

  • March 28

    2023

    Patent Applications from Chinese Firms Lodged with European Patent Office Grows by 15.1%: Report

    Chinese companies and inventors filed 19,041 patent applications at the European Patent Office (EPO) in 2022, an increase of 15.1 percent compared to 2021. China is now among the top five countries with the most patent applications for 2022 accounting for a 9.8 percent of the share of total applications at the EPO, according to EPO's Patent Index 2022 released on Tuesday. The patent filings from China have more than doubled over the past five years and are nearly five times the level of a decade ago. Most inventions for which Chinese companies filed patent applications in 2022 were surrounding digital communication and computer technology. The technical field with the steepest growth, however, was semiconductors, recording an increase of 53.6%, moving China into second position at the EPO after the US in the sector. Patent filings from Chinese firms in the field of electrical machinery, apparatus, and energy saw a sharp increase of 47.4 percent compared with the previous year, exceeding the growth from Japan and the US.

  • March 24

    2023

    Court to Decide How Specific a Patent Disclosure Must Be

    Two pharmaceutical giants head to the Supreme Court in a dispute over a patent covering cholesterol-lowering antibodies on March 20. In Amgen Inc. v. Sanofi, the justices will consider whether Amgen’s patent is too broad to be valid under federal patent rules. Amgen has patents on monoclonal antibodies that lower LDL, or “bad,” cholesterol. The antibodies work by binding to a particular protein in the body (PCSK9), which then blocks that protein from destroying receptors that extract cholesterol from the bloodstream. Amgen and other companies already have patents covering particular antibodies defined by their amino acid sequences. Those narrow patents are not in dispute here. Instead, this case involves a broader patent Amgen obtained, which covers any monoclonal antibody that binds to particular sweet spots on the PCSK9 protein and blocks that protein from binding to LDL receptors. In other words, the patent covers a genus defined by how the antibodies work. The patent gives details for 26 example antibodies and specifies how to run further processes to identify others from a pool of potentially thousands or even millions of candidates. However, the patent also goes far beyond those 26 examples, covering any antibody within the broad genus.

  • March 22

    2023

    UK: Intellectual Property Office Welcomes New IP Minister

    The Intellectual Property Office welcomes the announcement that Viscount Camrose has been appointed Parliamentary Under Secretary of State in the Department for Science, Innovation and Technology, with responsibility for intellectual property. Adam Williams, Chief Executive and Comptroller-General of the Intellectual Property Office, said: I am delighted to welcome Viscount Camrose as the new Parliamentary Under Secretary of State in the newly-formed Department for Science, Innovation and Technology, with responsibility for intellectual property.

  • March 16

    2023

    Copyright Means You May Need Permission to Post Photos of Your Own Home Online

    One of the life’s certainties is that copyright maximalism will continue to encourage absurd rulings by complaisant courts. Here’s a rather spectacular case from Germany. It involves a “photo wallpaper”. For those of you who – like me – aren’t quite sure what that means, it is the name given to wallpapers that are essentially huge, blown-up images based on photographs. In this particular instance, photo wallpaper was used to decorate a holiday flat. As is normal for such situations, the owner took pictures to entice people to rent the property, including images of the room with the photo wallpaper, which was clearly visible in the online marketing materials. Here’s how things went as a result, reported by Pinsent Masons: The flat owner had purchased the wallpaper in 2013 at a price of €13.50. In 2020, the flat owner received a cease-and-desist letter: the photographer, who held the copyright to the tulip photos used for the wallpaper, considered that his rights to the images had been infringed and demanded the flat owner to stop reproducing the photographs on the internet. The owner of the holiday flat refused to sign the cease-and-desist declaration and the case went to court.

  • March 15

    2023

    Government Report: Strengthen IPR Protection, Inspire Innovation Impetus

    The past five years have been truly momentous and remarkable for China. China's economic development has moved up a notch. China's GDP amounted to 121 trillion yuan, registering an annual growth rate of 5.2% during the period. China has achieved a total victory in poverty eradication on schedule. Close to 100 million underdeveloped rural residents and a total of 832 impoverished counties were lifted out of poverty. Fruitful gains have been made in sci-tech innovation. The contribution of scientific and technological progress to economic growth exceeded 60%, and the capacity of innovation-driven development was improved constantly. China's economic structure was further optimized. The average annual added value of high-tech manufacturing and equipment manufacturing increased by 10.6% and 7.9% respectively.

  • March 13

    2023

    EUIPO Released an Updated Study Analysing Green EU Trade Mark Filings

    Climate change and other environmental issues are currently big concerns in the European Union and beyond. These issues are becoming increasingly important in politics, in business and in public debate. Intellectual Property (IP) plays an important role in the accomplishment of European Green Deal objectives that aim to make Europe the first climate-neutral continent by 2050. European Union Intellectual Property Office (EUIPO) has recently released an update of an earlier study that analyses green EU trade marks (EUTMs). The study finds that the share of green EUTMs in overall EUTM filings increased to 12%.

  • March 10

    2023

    Stronger IPR Protection Drives More Innovation

    Courts increase penalties for offenders in high-tech areas Innovators in China have been given stronger protection over the past five years, thanks to greater judicial efforts in the intellectual property rights field, the country's top court and top procuratorate said. From 2018 to 2022, Chinese judicial authorities strengthened protection of IP rights to facilitate innovation-driven development, with harsher punishments for IP infringements, according to work reports of the Supreme People's Procuratorate and the Supreme People's Court. The reports were submitted on Tuesday to the ongoing first session of the 14th National People's Congress, the country's top legislature, for deliberation. In terms of improving legal services for innovation-driven development, courts across the country intensified IP protection of key technologies and emerging and major industries, Zhou Qiang, president of the SPC, said while briefing national lawmakers on the SPC report.

  • March 08

    2023

    Chinese Government Report Highlights IP Protection and Innovation Encouragement

    Editorial Words The opening meeting of the first session of the 14th National People's Congress was held at the Great Hall of the People on March 5. The government work report reviewed the work in 2022 and over the past five years and gave some recommendations for the work of government in 2023. We took innovation and intellectual property as keywords and selected IPR-related parts to share with our readers. The past five years have been truly momentous and remarkable Breakthroughs were made in core technologies in key fields, and a stream of innovations emerged in areas such as manned spaceflight, lunar and Martian exploration, deep sea and deep earth probes, supercomputers, satellite navigation, quantum information, nuclear power technology, airliner manufacturing, and artificial intelligence.

  • March 06

    2023

    AI and Its Implications for Copyright-Opinion

    AI technology has been around for a while, but it has only recently started to become as accessible a tool as Google. ChatGPT, DALL-E 2, Bard and many other chatbots will soon be available to everyone, offering the prospect that the technology will replace many professionals in a heartbeat. Every student will be able to ask his preferred AI software to write his university assignments; every journalist will have his column ready for deadline without effort or research; and a lawyer’s work in many areas will be replaced by AI technology. But where does all the information come from? Do we really believe that computers can replace law school graduates? Can AI design our homes or create original artwork? These are questions that also raise the potential for a conflict between technology and copyright. When we ask our computer to draw a picture or draft a lease agreement, the computer obviously needs to search databases that are available to it in order to generate any new product. This introduces two different questions: who owns the copyright in what the computer creates? Does the new creation infringe on someone’s copyright? The answer could be argued in several ways.

  • March 03

    2023

    IP Protection to Keep up With Technology

    Systems established to ensure rights remain safe in changing landscape Procuratorates have intensified the comprehensive judicial protection of intellectual property rights via specialized case handling, with about 13,000 people being prosecuted for IP infringements last year, according to the Supreme People's Procuratorate (SPP). They also intensified the supervision of civil administration litigation, which refers to a citizen or organization initiating a lawsuit against administration departments for violations. Procuratorates handled 937 cases of IP civil administration litigation last year, up 72.2 percent year-on-year. Liu Taizong, director of the SPP's IPR Procuratorial Office, said that IPR cases often involve cutting-edge and professional problems, especially technical cases involving patents and trade secrets, requiring a team of prosecutors with professional knowledge and skills.

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