IP NEWS2018 No. 41

Jiaquan Awarded as

"2017 Outstanding IP Service Team in China”

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IP NEWS

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IP NEWS

Cited from the SIPO

Beijing - Guangzhou - Shenzhen - Jiangmen - Zhongshan - Zhuhai - Dongguan - Shunde - Foshan - Changsha

变革的动力 女性参与创新创造Women's participation in Innovation and creation

On 2 March 2018, He Zhimin, Deputy Director of the State Intellectual Property

Office (SIPO), said on a briefing meeting that validation of an effective Chinese

invention patent in Cambodia will be available soon.

In September 2017, China and Cambodia signed a Memorandum of

Understanding (MOU) on cooperation in Intellectual Property, confirming that

Chinese effective invention patent can validate in Cambodia. Cambodia becomes

the first country to accredit Chinese patent grants in its country. The granted and

valid Chinese invention patents with a filing date after 22 January 2003 are eligible

for validation in Cambodia. When filing a request for validation, an application

form, a copy of the patent specification and Patent Register issued by the SIPO,

specification in English and Khmer are required. After examining by the Ministry

of Industry and Handicrafts of Cambodia, the eligible patent could obtain

protection in Cambodia and enjoy the same filing date and protection term as it

enjoys in China, i.e. 20 years from the Chinese application filing date.

China Practice

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Midea Group (Company A), one of the world’s leading technologies

group in consumer appliances, HVAC systems, robotics and industrial

automation systems, and smart supply chain, with high praise given in the

market, applied for a utility model patent application in China that was

later patented as “A concealed display structure for air-conditioners” in

March 2011. In June 2016, it found some models sold by Gree Electric

Appliances, Inc. of Zhuhai (Company B) infringed the right of the said

patent and therefore filed a lawsuit with the Court. To fight against the

lawsuit, Company B filed a request to invalidate the patent of Company A.

On 23 January 2018, the Patent Reexamination Board made a decision

that the patent right for the involved utility model shall be maintained.

The focus of this case is how to evaluate whether or not a utility model

patent involves an inventive step.

Bingbing NINGPatent Attorney

Case Review

Legal Basis

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04Beijing - Guangzhou - Shenzhen - Jiangmen - Zhongshan - Zhuhai - Dongguan - Shunde - Foshan - Changsha

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