China expected to become the heaviest user of the Patent Cooperation Treaty in 2019

The Patent Cooperation Treaty Yearly Review 2017, The International Patent System, was just published by the World Intellectual Property Organization, see here.

 

Here are some interesting nudgets about China:

 

“Applicants based in the U.S. filed the largest number of Patent Convention Treaty (PCT) applications in 2016 with 56,595, followed by applicants from Japan (45,239), China (43,168), Germany (18,315) and the Republic of Korea (15,560) (figure 11). China has posted double-digit annual growth rates in applications since 2002 and, if the current trend continues, it will overtake the U.S. within the next two years to become the largest user of the PCT System.”

 

The top-50 of published PTC applications in 2016 had five champions in the field of telecommunications, networking, display and e-commerce. For the first time ZTE takes over the top position from Huawei.

 

– ZTE (telecommunications equipment and systems) set a new record for the largest number of filings by an applicant in a single year with 4,123 published applications in 2016.

– Huawei Technologies C0., Ltd. (networking and telecommunications equipment), ranked no. 2, with 3,692 published applications.

– BOE Technology Co., Ltd. (supplier of display products and solutions), ranked no. 8, with 1,673 published applications.

– Shenzhen China Star Optoelectronics Technology Co., Ltd. (designs and manufactures liquid crystal display screens), ranked no. 16, with 1,163 published applications.

-Alibaba Group Holding Ltd. (e-commerce company), ranked no. 34, with 448 published applications.


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China’s Position as Champion of Traditional Knowledge in International Law Fora

Traditional Knowledge (TK), Genetical Resources (GR), Traditional Cultural Expressions (TCE), are sometimes seen as spare change between the countries with a high and those of a low GDP per capita (the terminology of developed and developing countries is flawed as Professor Neuwirth of the University of Macau convincingly argues in Global Governance and the Creative Economy: The Developing versus Developed Country Dichotomy Revisited.) Simply put, the rich countries demand high IP standards from the poor countries and the poor countries get compensations for TK, GR and TCE back from the rich countries.

Traditional Knowledge is often used as the overarching term, which includes GR and TCE. Despite countless discussions at the TRIPS Council (WTO) and WIPO fora, no concrete results have been achieved. What is striking is China’s position as champion of TK, especially in regard to Traditional Chinese Medicine.

I wrote a blog for the Peace Palace Library in The Hague on the topic, see here.


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Happy World IP Day from China

Today is World IP Day, the annual day to celebrate intellectual property rights and what they mean for stakeholders and society at large.  It’s organised by the World Intellectual Property Organization (WIPO). This year’s theme is visionary innovators, see here. As an example of such a visionary innovator from China, Ms Tu Youyou (屠呦呦) was mentioned: “Tu Youyou’s dogged analysis of herbal remedies results in a malaria treatment that saves millions of lives.” Ms Tu discovered artemisinin (also known as Qinghaosu) and dihydroartemisinin.

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Hausse of Chinese Companies Protecting Their Inventions Overseas

+ 33.4%Some international patent filings statistics from Geneva. The amount of international patent filings of Chinese companies and educational institutions grew with a stunning 33,4 percent in 2011 to 16,406. This means that more and more Chinese companies and educational institutions value overseas patents to protect their inventions. The U.S. still leads the applications with 26.7 […]

Chinese Trademarks Visible, But Have By Far Not Met Their Potential

In absolute numbers China might be in almost all aspects a giant. But in relative sense this does not need to be the case. Example: China has 5 million registered trademarks. But only one out of 10 market entities owns a registered trademark and the number is 40 percent for companies, Yuan Qi, an official […]

Madrid, A Bit Chilly For China’s International Trademark Filings

China’s international trademark filings under World Intellectual Property Organization (WIPO)’s Madrid System for the Registration of Marks decreased from 1,585 in 2008 to 1,358 in 2009 (-14.3 percent). China is still the most designated country, with 14.766 in 2009, which was a drop of 17.2 percent from 17,829 in 2008. According to the State Administration […]

Professor Peter K. Yu General Editor of WIPO Journal: Analysis and Debate of Intellectual Property Issues

There is a new peer reviewed IPR journal: WIPO Journal, a platform for the global IP debate. The prolific Professor Peter K. Yu, will be its general editor and specialist for China and the United States. I am looking forward to it very much. Read more about it here.

Taylor Wessing Global Intellectual Property Index and China: The Last Shall Be The First

The People’s Republic of China was ranked last (24th position) in the Taylor Wessing Global Intellectual Property Index 2009, see here. The methodology of the GIPI rating is a calculation by a factor assessment model with jurisdiction assessments and instrumental factors as input. See the methodology here.  About China’s trademark system Taylor Wessing complains about the delay […]

Happy World Intellectual Property Day 2009

IP Dragon wishes you a happy World Intellectual Property Day 2009. The World Intellectual Property Organization (WIPO) has chosen a very relevant theme for this year’s World Intellectual Property Day: promoting green innovation. WIPO takes responsibility for the polution that is connected with technology protected by intellectual property rights: technology has created polution, but technology […]

Green Gold Rush: The Interview, The Movie

Laurent Gaberell told me that he made a video documentary called Green Gold Rush about bioprospecting (the exploration of biodiversity for commercially valuable genetic and bio-chemical resources) and indigenous peoples. See the video here. The InterviewIP Dragon: Is traditional knowledge what the developed world wanted to give (as some would say “small change”) to the […]

Do ACTA Member Countries Want to Confront China With A Fait Accompli?

Since April 9, when I blogged ‘China and ACTA: Why the problem is not made part of the solution‘, new information about the Anti-Counterfeiting Trade Agreement (ACTA) has leaked, see Wikileaks here. It makes you realise how transparent the founding parties to ACTA want to be. Compare the United States Trade Representative posting a 6 […]

WTO Report DS362: “Panellists On Your Marks, Get Set, Decide”

The first thing the WTO panel did was to get translations of the People’s Republic of China’s both countries agreed upon (so called mutally agreed translations, fourteen of them). (MAT-1) Criminal Law (Articles 213, 214, 215, 217, 218 and 220);MAT-2) 2007 Judicial Interpretation (Articles 1 through 7);(MAT-3) 2004 Judicial Interpretation (Articles 1 through 17);(MAT-4) 1998 […]

Huawei Top PCT Applicant 2008; China Sixth Largest User of PCT

The People’s Republic of China has the ambition to shift its manufacturing based economy to a knowledge based economy. Therefore Chinese companies need to innovate, and protect their innovations by patents, internationally. If a company registers its patent in one country, it is only protected in that country. Therefore companies need to register their patents […]

Indian High Court Claims Jurisdiction Against Chinese Cybersquatter of ICICIGROUP.COM

Malathi Nayak of Livemint has a very interesting article about who has the jurisdiction over Chinese entities if they infringe intellectual property rights via the internet. In this case a Chinese entity had registered the domain name icicigroup.com which is similar to icicibank.com. First the icicibank tried to get control over the domain name by […]

Well Known and Less Known Aspects Of Well-Known Marks

In the USTR 2008 Report to Congress on China’s WTO compliance on page 4, one can read the following remarkable sentence: “…the promotion of famous Chinese brands of merchandise using what appear to be prohibited forms of financial support, …” So it appears to be a prohibited form of financial support, but the USTR is […]

USTR in 2008 Report to Congress On China’s WTO Compliance: Still Not Satisfied After All These Years

One of the priority issues in the 115 page 2008 Report to Congress On China’s WTO Compliance, released by the United States Trade Representative (USTR) in December is, unsurprisingly, the protection and enforcement of intellectual property rights in China. Below you will find a selection of the USTR report which shows where China has room […]

WIPO Internet Treaties In Effect in Hong Kong After PRC

The WIPO Copyright Treaty (WCT) and WIPO Performances and Phonograms Treaty (WPPT), which are considered necessary to adapt the copyright law and related rights law to the challenges of digital technologies, came into effect in Hong Kong SAR (which is a separate jurisdiction from the People’s Republic of China) on October 1st, 2008. Read more […]

China Most Designated As Country in International Trademark Applications

WIPO has a press release about the number of applications using the Madrid System for the Registration of Marks. Over 2007 China ranks number 8 in international trademark applications: 2003 472 2004 1,015 2005 1,334 2006 1,328 2007 1,444 China’s international trademark applications were 3.6% of the the applications by all countries; China’s number of […]

PCT International Applications: China Ranks Number 7, Huawei Ranks Number 4

A WIPO press release stated the following statistics: Again China is part of the top 10 countries that had the most PCT (Patent Convention Treaty) international applications. 2003 1,295 2004 1,706 2005 2,503 2006 3,952 2007 5,456 In 2007 China’s PCT International applications were 3.5 percent of all PCT international applications; between 2006 and 2007 […]

Pinggu Peaches Only From China: China’s Position on GI

On June 21, IP Dragon mentioned that there would be an international symposium on geographical indications (GI) organised by the World Intellectual Property Organisation (WIPO) and China’s State Administration for Industry and Commerce (SAIC) in Beijing, June 26 to 28, see here. So it is the highest time to find out what China’s position is. […]

Hong Kong Exhibition Celebrates Creative Industry and IP Protection

Today’s WIPO’s press release states: “An exhibition showcasing various facets of creativity in the Hong Kong Special Administrative Region (SAR) was inaugurated on Monday evening at the World Intellectual Property Organization (WIPO), coinciding with the opening day of the annual session of the WIPO Assemblies. The exhibition, “HK Creativity – Intellectual Property in Hong Kong, […]

Blogroll Update: China’s Accession to IP Treaties

IP Dragon’s blogroll is updated. See ‘Treaties (in force)’ on your right hand side. Now it includes all IP treaties of WIPO and WTO (and UN’s Vienna Treaty Convention crucial for the interpretation of treaties) which China has acceded to or at least signed. What is remarkable is that China has already signed the WIPO […]

Reaction to Danwei Article About China’s Ratification of WIPO’s Internet Treaties

Ms. Maya Alexandri wrote an interesting article called ‘Copyright protection for online content’ for Danwei. Referring to China’s accession and ratification (June 9, 2007) of WIPO’s Copyright Treaty (WCT) and WIPO’s Performances and Phonograms Treaty (WPPT) a report by the Beijing Business Today, Ms Alexandri wrote: “More typically, China’s stance on intellectual property enforcement includes […]

WIPO Internet Treaties Details and Reservation

In April of 2006, China was expected to ratify WIPO’s internet treaties (WIPO Copyright Treaty and WIPO Performances and Phonograms Treaty) in the second half of 2006, read here. However, China acceded only March 9, 2007 and it will ratify both treaties June 9th. The details of both treaties and China’s reservation can be found […]

TRIPs Council: China Advocates Disclosure Requirement, is Against Making Enforcement A Permanent Agenda Issue

Bridges of ICTSD gives excellent weekly trade news digests about TRIPs etc. “At the 13 February meeting of the TRIPs Council, the group of developing countries — Brazil, China, Colombia, Cuba, India, Pakistan, Peru, Thailand, Tanzania, Ecuador and South Africa — that have tabled a draft article on disclosure (that requires patent applications to include […]

Medicine For Protection of Traditional Knowledge Is Patience

Yan Liang of Xinhua Online wrote the article: Greater international co-operation called for traditional knowledge IP protection. It’s about the interregional seminar of the intergovernmental committee on Traditional Knowledge, Genetic Resources and Traditional Cultural Expressions/Folklore (IGC), in Zhenghzou, organised by Wang Binying, WIPO’s Assistant Director General. Unfortunately, the results of the seminar were meagre. ““A […]

China Enterprise Copyright Alliance Launched

December 11, six Chinese companies: Shanda Entertainment, Netease, Sina, Microsoft China, Kingsoft and Sunchime Cartoon Group have established the China Enterprise Copyright Alliance. The plan was announced in September during the 2006 International Copyright Forum in Beijing, which was jointly hosted by the World Intellectual Property Organization (WIPO) and the National Copyright Administration (NCA). The […]