CHANG TSI
Insights
For the completion of an invention-creation which is not by way of the execution of tasks assigned by a work entity or which does not primarily take advantage of the material and technical resources of such an entity, is such an invention-creation a service invention-creation?
According to Article 6 of the Patent Law, for an invention-creation that is completed in the execution of tasks for an entity, or that is completed primarily by taking advantage of the material and technical resources of such an entity, such an invention-creation is a service invention-creation.
Tao Yi sued the Beijing Subway Foundation Engineering Corporation in the Beijing Intermediate People's Court with regard to the ownership of the patent right. The first-instance court decide that the patent right in suit should be owned by both parties and Tao Yi appealed to the Beijing Higher People's Court.
Chen Jianmin, Partner of Chang Tsi & Partners, represented Tao Yi and won. The case was included in the "White Paper on Protecting IP Rights", published by the State Council of the People's Republic of China.
In March 2014, Unwired Planet brought an action against Huawei, Samsung and Google for the infringement of its UK patents, including 5 standard essential patents (“SEP”) covered by 2G, 3G and 4G telecommunication standards.
The State Council Leading Group of the National Fight against IP Infringement and Manufacture and Sale of Fake and Defective Goods in the Online Environment published their Work Plan (“The Plan”) on June 18, 2014. The Plan reports that the State Council will spend half a year carrying out a special campaign to address Online Infringement and Counterfeiting starting in June 2014.
In recent the Guangzhou Intermediate Court has made a first instance judgment in the trademark infringement case of Zhou Lelun (an individual) v. Xin Bai Lun Trading (China) Co., Ltd, the Chinese subsidiary of sportswear manufacturer New Balance Athletic Shoes, Inc. (hereinafter referred to as “Xin Bai Lun Company”).
