The State Council Information Office held a press conference at the State Council Information Office on April 24, 2018. Changyu Shen, Director of the State Intellectual Property Office, gave a speech about the development of intellectual property in China in 2017. Five points mentioned by Shen show positive improvements for IP right owners. We summarize below:
The application volume for patents reached 1.382 million in 2017, a year-on-year increase of 14.2%, once again placing China at number one in the world for seven consecutive years. The number of accepted applications for trademark registrations reached 5.748 million, a 55.72% year-on-year increase, placing China number one in the world for sixteen consecutive years.
The number of administrative enforcement cases for patents reached 67,000, a 36.3% year-on-year increase. The number of administrative enforcement cases for trademarks was 30,100. The Copyright Office investigated and dealt with more than 3,100 cases of piracy and seized 6.05 million products. Customs seized 19,200 shipments, involving goods totaling RMB182 million. The courts nationwide received a total of 21.35 million cases in the first instance, which includes civil, administrative, and criminal cases for intellectual property.
To further accelerate the procedures for trademark registration, China has established 105 local trademark filing points, and 49 application acceptance pointsfor trademark rights pledge registration throughout China. Several years ago, all trademark applicants would have to submit their applications to the China Trademark Office located in Beijing. There were no trademark offices in provinces exceptin Beijing. This new measure enables trademark applicants throughout China to submit their applications in their own province. Meanwhile, the examination period for trademark registrations has been shortened from 9 months to 8 months. Source: http://www.scio.gov.cn/xwfbh/xwbfbh/wqfbh/37601/38256/index.htm
In China, difficulties in enforcement of court judgments has been an outstanding problem for years. Specifically, a legally effective judgment cannot be enforced in a timely and effective manner, which may be attributed to many factors, such as unsound systems of property registration and social credit, low penalties of non-compliance, limited enforcement measures by the court, incomplete mechanisms of enforcement procedures between various administrations and the court. Accordingly, judgment debtors may intentionally escape from enforcement or even violently resist.
The competitive factors of kitchen and bath products lie in the excellence of product performance, the maturity of production technology and aesthetic value of product design.
Trademark infringement is not a brand new topic to discuss. Article 57 of the Chinese Trademark Law lists several kinds of trademark infringement. We have seen numerous actions of copying trademarks or using similar marks to mislead the consumers. The infringers do not need a thorough plan to conduct these basic types of infringement, and the cost is low.