Supreme People's Court, Annual Report on Intellectual Property Cases (2011) (Abstract)

最高人民法院知识产权案件年度报告 (2011) (摘要)

May 31, 2012 | BY

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Latest SPC annual IP report addresses 44 law application issues.

Clp Reference: 5100/12.04.19 Promulgated: 2012-04-19

Published: April 19 2012

Main contents: The Report derives 44 law application issues with general guiding significance from 34 carefully selected typical cases, including:

(1) Function of explanatory descriptions in patent descriptions and figures in interpreting patent claims.

(2) Impact of a design feature that aids in differentiation from an existing design on the overall visual effect of a design.

(3) Criteria for determining whether the amendment of patent application documents exceeds the scope specified in the original description and claims.

(4) Relationship between the limitations on the amendment of patent application documents and the scope of protection of patents.

(5) Relationship between the limitations on the amendment of patent application documents and the doctrine of estoppel.

(6) Consideration of the purpose of a product in the determination of similar goods.

(7) A coexistence agreement for similar trademarks affects the review for and determination of the registrability of a trademark.

(8) Determination of whether the entirety of information that constitutes a trade secret is known to the public.

(9) Definition and determination of franchise contracts.

Related legislation: PRC Trademark Law (2nd Revision) (中华人民共和国商标法), Oct 27 2001, CLP 2001 No.10 p.75; PRC Patent Law (3rd Revision) (中华人民共和国专利法), Dec 27 2008, CLP 2009 No.1 p.60; PRC Copyright Law (2nd Revision) (中华人民共和国著作权法 (第二次修正)), Feb 26 2010, CLP 2010 No.2 online; and PRC Anti-unfair Competition Law (中华人民共和国反不正当竞争法), Sep 2 1993, CLP 1993 No.9 p.31

clp reference:5100/12.04.19promulgated:2012-04-19

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