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1.
《中国专利与商标》2007,(2)
On 27 December 2006,the State Intellectual Property Office(SIPO)submitted the Draft Amendment to the Patent Law of People's Republic of China(the Draft Amendment)to the State Council for review,which indicates that the work on the third amendment to the Patent Law has entered the stage of the State Council review.The whole legislative process for the third amendment to the Patent Law is expected to be fi- nalised in 2008. 相似文献
2.
《中国专利与商标》2007,(1)
1.Current provisions and main views The provisions concerning colours claimed in design patent are set forth in Rules 27 and 28 of the Implementing Regulations of the Patent Law(the Implementing Regulations for short).Rule 27,paragraph two of the Implementing Reg- ulations provides that"where an application for a patent for design seeking concurrent protection of colours is filed,a drawing or photograph in colour shall be submitted in two 相似文献
3.
《中国专利与商标》2006,(3)
Articles 28 and 29 of the Trademark Law of the People's Republic of China provide that where any trademark applied for registration is identical with or similar to a trademark another person has registered in the same or similar goods, or a trademark that has been preliminarily approved, or one that was first filed or where any trademark is identical with or similar to a trademark that was filed on the same day or was used earlier, the application for the registration of the trademark shall be refused. In this article the examination of the relative grounds for trademark refusal will be probed into. 相似文献
4.
《中国专利与商标》2007,(3)
For lack of relevant provisions in the Patent Law and the Implementing Regulations of the Patent Law,views are divid- ed in the community about whether or not a reference view showing the state in use may be used to limit the extent of protection of a design patent.In the practice of patent ex- 相似文献
5.
《中国专利与商标》2007,(4)
In the particular field of biological technology,biologi- cal material deposit is an extremely important part of patent application.Since it is difficult to clearly describe the specific features of a biological material or even if it is clearly de- scribed,a person skilled in the art is unable to carry out the invention in the absence of the biological material per se.For that matter,to meet the requirement of sufficient disclosure under Article 26,paragraph three of the Patent Law,Rule 25 of the Implementing Regulations of the Patent Law provides that the sample of a biological material in the field of biologi- cal technology should be deposited with a depositary insti- tution designated by the SIPO,which shows that biological 相似文献
6.
《中国专利与商标》2007,(4)
It is one of the fundamental principles of the patent sys- tem to prohibit doubt patenting.As for the design patent,the law provisions relating to this principle are Articles 23 and 9 of the Patent Law and Rule 13,paragraph one of the Imple- menting Regulations of the Patent Law.However,whether the above principle is applicable to associated designs is yet to be explicated in the Chinese law provisions.By way of analysis of a series of cases,this article is meant to present 相似文献
7.
《中国专利与商标》2006,(4)
How "the rights and interests in the intellectual property rights of the scientists and technicians should be protected and the entity achieving the service-related technological results should remunerate, under law, those achieving the service-related technological results and those making outstanding contribution to the transfer of the technological results" are important issues encountered in China in its efforts to improve its innovation capacity and build up a new nation. The current legal system in connection with the ownership of the right in, reward for, and remuneration to, service-related technological results in China are embodied in a variety of laws and administrative regulations, such as the Law on Progress of Science and Technology promulgated in 1993, the Law on Transfer of Science and Technology Achievements promulgated in 1996, the Patent Law amended in 2000, and the Contract Law promulgated in 1999. Following is an exploration of the main issues relating to the current legal system of service-related technological results in China, and recommendations made to improve it. 相似文献
8.
《中国专利与商标》2006,(3)
The Constitution is of supreme legal force. It is a common sense knowledge that any law and administrative regulations contrary to it are not valid legally. To be frank, however, it is an arduous and gradual process to build up a nation under the rule of law. Some typical events or cases often play a tremendous role in laying the foundation of the rule of law in the law-making process in various nations. As a case in point, Marbury v. Madison, a precedent of judicial review, in the 19th century, has contributed greatly to the promotion of the rule of law in the U.S.. In 2003, three Ph.D. scholars wrote to the Standing Committee of the National People's Congress because of the "Sun Zhigang Event", which resulted in the abolishment of the Measures for Housing and Sending Back Tramps/Vagrants and Beggars in Urban Areas. This event will be kept in the history of the governance under the rule of law in China. For this writer, exploration in the issue relating to the validity of duration of patent referred to in the State Intellectual Property Office's (SIPO) Gazette No.80 (hereinafter referred to as Gazette No. 80) involves an issue within the Patent Law, and, as well, of great significance to the entire legal system. These writers hope to clarify the issue of duration of the patent right by exploring the validity of Gazette No. 80. They also hope to promote the amplification of the mechanism for review of unconsttutional actions in China. 相似文献
9.
《中国专利与商标》2006,(4)
Examination of whether an invention is a patentable subject matter or not is one of the main parts of the patent examination. In the recently revised Guidelines for Examination a relatively major change has been made of the benchmark for the examination of inventions relating to “rules and methods for mental activities“, for example, limiting the scope of application of Article 25.1 (2) of the Patent Law. As a result, the hitherto non-patentable subject matters are still excluded from patentability. That... 相似文献
10.
《中国专利与商标》2007,(2)
On 13 December 2006,the Shanghai Higher People's Court rendered its final ruling in a case of dispute arising from infringement of copyright in computer software,holding that the plaintiff specially designed an output document for- mat for bundling its own developed application for use in the product it has made,and this act had gone beyond the scope of technological protection measures provided for in the Copyright Law,and that defendant's act of circumvent- ing the output data document format of said software was not an infringement.This is the first case of using technologi- cal protective measure for product bundle in China ever since the amended Copyright Law entered into force in 2001.The ruling is of far-reaching significance in guiding the courts to hear similar cases and for the orderly development of the related industry in China. 相似文献
11.
《中国专利与商标》2006,(4)
On 27 October 2001, the Standing Committee of the People's Congress reviewed and passed the Amendment to the Copyright Law of the People's Republic of China. In Article 10 of the amended Copyright Law as of 2001 has been incorporated a new subject matter under the copyright protection: the right of communication through information network, that is, the right to make a work available to the public by wire or by wireless means, so that people may have access to the work from a place and at a time individually chosen by them. This is the first time to have put the right of communication through information network in place in the law in China. But, the legislators did not make any specific provisions concerning this right in the Copyright Law. 相似文献
12.
《中国专利与商标》2006,(1)
Under the Patent Cooperation Treaty (PCT) and its Regulations, a PCT international application will, from the date of filing to the date of patent grant, go through quite a long process of the international phase and national phase. In the international phase, an applicant may amend his/its application according to Articles 19 and 34 of the PCT. Besides, under Article 28 or 41 of the PCT and Rules 51 and 109 of the Implementing Regulations of the Patent Law, an appli- 相似文献
13.
《中国专利与商标》2006,(3)
Within the framework of the patent system in China, the patents for invention, utility mode and design are under the examination of different types: the patents for invention are examined as to substance, and those for utility model and design as to formality only, which renders the patent right for utility model and design relatively less certain and vulnerable to challenge. For example, in the infringement lawsuit involving a patent for utility model or design, the defendant often files a request with the Patent Reexamination Board (PRB) of the State Intellectual Property Office (SIPO) for invalidation of the patent in respect of which the plaintiff, the patentee, has instituted the proceedings in the court. In case like this, the court will suspend the legal procedure under Article 136 of the Several Provisions on Issues Relating to Application of Law to Trial of Cases of Patent Disputes formulated by the Supreme People's Court. 相似文献
14.
Biomedical materials, biomaterials for short, is regarded as "any substance or combination of substances, synthetic or natural in origin, which can be used for any period of time, as a whole or as part of a system which treats, augments, or replaces any tissue, organ or function of the body" (Vonrecum & Laberge, 1995).Biomaterials can save lives, relieve suffering and enhance the quality of life for human being. 相似文献
15.
《中国专利与商标》2007,(1)
In China in which the statutory laws are adopted,the Patent Law and the Implementing Regulations of the Patent Law do not provide for the equivalent doctrine from 1985 when the patent system was instituted.Only the Supreme People's Court has provided for,and interpreted,the equiv- alent doctrine and its application in the form of judicial inter- pretation in 2001.In spite of all these,the courts in China 相似文献
16.
《中国专利与商标》2007,(3)
Under the guiding principles of the third amendment to the Patent Law,we,in the process of revising the Law, should"fully summerise the experience we have accumulat- ed in the enforcement of the patent system in China,look closely again into the provisions thereof,and better adapt 相似文献
17.
《中国专利与商标》2007,(2)
Article 8 of the Trademark Law of the People's Republic of China provides that any visual sign capable of distinguish- ing the goods or service of one natural person,legal person or any other entity from those of others,including words,de- vices,letters,numerals,three-dimensional symbols,combi- nations of colours or any combination of the above elements, may be applied for the registration of a trademark.It may be seen from the provision on the components of a registered trademark that any visual sign comprising three-dimensional symbols or three-dimensional symbol containing other ele- 相似文献
18.
《中国专利与商标》2006,(1)
The patent system has undergone over two decades of development in China. Its establishment and development have spurred the China's reform and opening up to the outside world, and technological innovation, and pushed the enterprises to actively participate in the world economy integration. In particular, the Chinese Patent Law, revised twice in 1992 and 2000 respectively, has extended the scope of protection for the patent right, raised the level of the patent right protection, and been harmonised with the requirements of the TRIPS Agreement of the WTO, and laid a sound foundation for China's final entry into the WTO. 相似文献
19.
《中国专利与商标》2006,(2)
Patent right assignment is one of the civil acts, and the matter of the trade is not complicated. However, without necessary understanding of the assignment of the kind, an interested party is likely to run into the dispute that is otherwise avoidable as illustrated in the following case study. Facts of the Case Inventors A and B jointly made an invention, and applied for, and were granted, a patent for the invention. Inventor B migrated to Australia in December 1997, and autho- 相似文献
20.
《中国专利与商标》2006,(1)
As a doctrine for establishing infringement, the equivalent doctrine has been controversial since it came into being. Even in the United States of America, the Federal Supreme Court often wavers on how to apply the equivalent doctrine to the establishment of patent infringement, and one of the reasons is that judges, when deciding on equivalent infringement, often exercise the right of discretion, thus making the trial more uncertain or unpredictable. In recent years, more and more courts in China apply the equivalent doctrine to their trial of patent infringement cases. In applying the e-quivalent doctrine, it is necessary to keep a balance in the 相似文献