Beijing East IP Ltd. / Beijing East IP Law Firm received wide acclaim and high recognition from worldwide clients during the INTA 2019 Annual Meeting held at Boston, US. Among the positive feedbacks, it is of particular interest that Beijing East IP won the Best Local Counsel Award at Facebook Global Counsel Summit for the consistent high-quality service and outstanding performance.

The Third Council and Supervisory Committee of the 3rd Capital Intellectual Property Services Association reviewed and approved the “List of Trademark Professional Committee Members” on August 5, 2019, which announced the director, deputy director and members of the Trademark Professional Committee. YIN Liang from BEIJING EAST IP LTD was elected as a member of the Trademark Professional Committee.

McDonald’s “McFlurry in simplified Chinese” and “McFlurry in traditional Chinese” have been recognized as well-known trademarks by the Beijing IP Court – after the well-known recognition of “McDonald’s & Arches logo,” “McDonald’s in Chinese” and “McDelivery in Chinese” by the China Trademark office (CTMO) and the Trademark Review and Adjudication Board (TRAB).

Appointed Translators: Jason WANG / Austin CHANG, Beijing East IP Law Firm Author: Baoqing ZANG, Trademark Review and Adjudication Board (TRAB) Original Chinese text: China Industry and Commerce Newspaper June 21, 2016

On February 28, the Beijing IP Court (“IP Court”) issued a decision in Qilu Pharmaceutical v. the PRB ((2017)京73行初字No. 5365), which reversed a ruling by the Patent Reexamination Board (“PRB”) that upholds the validity of Patent No. 200910176994.1 (the “’994 patent”) owned by Beijing Sihuan Pharmaceutical (“Sihuan”). The IP Court holds that the inauthentic experimental data presented in the original description result in the failure to satisfy the enablement requirement.

China has three types of patents, i.e., invention, utility model, and design. The utility model patent does not have the counterpart in some other jurisdictions such as the USA, so some essential aspects of the utility model patent will be introduced below for better understanding of it.

On December 20, 2017, in the Patent Reexamination Board of SIPO (PRB) v. Beijing Winsunny Harmony Science & Technology Co., Ltd. ((2016)最高法行再41号), the Supreme Court held that a Markush claim, when drawn to a class of chemical compounds, should be interpreted as a set of Markush elements rather than a set of independent specific compounds. The present case is a petition for retrial filed by the PRB, requesting the Supreme Court to review the second-instance decision made by the Beijing High People’s Court (“High Court”). In reversing the PRB’s decision in the invalidation proceedings instituted by Beijing Winsunny Harmony Science & Technology Co., Ltd. (“Winsunny”), the High Court recognized a Markush claim as claiming a set of parallel technical solutions.