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New
- Patent eligibility of software inventions
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Article 25 of the Patent Law provides for six types of subject matters for which no patent right should be granted. No matter how practical, novel or inventive they are, specific results covered by such subject matters are excluded from patent protection. Nevertheless, the determination of ineligible subject matters does not require evidence to aid comparison as in the case of commenting on novelty or inventiveness, which can be concluded directly and merely by deductive reasoning.
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New
- Shenzhen Laidian Technology Co., Ltd. v. Shanghai Zhixiang Technology Co., Ltd.
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This case involves the determination of commercial disparagement committed by employees of a company through their personal social media accounts. WeChat Moments has now become an important channel for information dissemination, and a considerable number of operators have used WeChat Moments as a marketing place to release promotional content.
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New
- China's unique amendment by "furthuer definition" in patent invalidation
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From the perspective of the legislative purpose, the purposes of formulating the patent law are the same in all countries in the world, and with the continuous development of globalization and deepening international cooperation, international patent procedures such as the Paris Convention for the Protection of Industrial Property and the Patent Cooperation Treaty (PCT) have emerged accordingly. However, there still exist subtle differences in many provisions of the patent law of each country depending on their actual situations.
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New
- Principles governing technical investigations appointed by IP courts
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it is of great significance to clarify the ideas of handling intellectual property technical investigation cases, fully utilize the opinions and information in patent examination and authorization to improve technical investigation opinions, and deal with the contradiction between a large number of technical investigation cases and little personnel, so as to unify review and confirmation of rights and judicial judgment standards and improve the quality and efficiency of intellectual property trials.
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New
- Baidu AI: unignorable cemented dominance in patent rankings
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Artificial intelligence (AI) is a definitive force of the new round of technological revolution and industrial change, and has become the focus of international competition and industrial policy efforts in various countries. Driven by technological innovation, AI has been deeply integrated with all walks of life, propelling high-quality development and reshaping the world economy and human society.
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- China's top 25 trademark cases of 2020: TBL Licensing LLC v. Zhongshan Tongye Shoes Co., Ltd. et al.
- This case has clarified how to identify the shape of the goods themselves as special packaging decoration.
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New
- Is Patent Marking the Patent Owner’s Right or Statutory Duty?
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Patent marking statutes in the U.S. and China take completely different stances. In the U.S., patent marking requires an affirmative act of the patentee to mark her products, and failure to comply with patent marking may drastically limit the past damages afforded to the patentee before a litigation on patent infringement had begun. In contrast, patent marking in China only gives the patentee the right, rather than the obligation to mark, whereas the patentee may be entitled to a fully recovery of past damages regardless of whether or not she has done patent marking.
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New
- China's top 20 patent cases of 2020
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China's Supreme People's Court has recently released the top 10 Intellectual Property Cases and 50 representative IP cases of 2020.
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- Regulating 'Big Tech': EU's DSA and DMA initiatives
- The DSA and DMA Regulations will, however, effect an important change for digital businesses in Europe and beyond.
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- Patent infringement liability insurance: the application of professional liability in patent opinions
- The paper takes views of patent infringement liability insurance to bring up issues on the professional liability of the legal opinion.
