Intellectual property exposure Weekly: No. 27 20201031 (please write inventions and creations carefully)知识产权情曝周刊:第27期20201031(请用心编写发明创造)
Intellectual property exposure Weekly: No. 27 20201031 (please write inventions and creations carefully)知识产权情曝周刊:第27期20201031(请用心编写发明创造)
Here we record the intellectual property cases worth sharing every week, industry trends, scientific and technological development, humanistic thinking, work exchanges, etc,
Of course, the most important thing is: let's make friends!
This magazine is open-source. You are welcome to submit questions, submit articles or recommend good content. You are also welcome to share your opinions through comments/emails,SubmissionEmail: aogo#outlook.com(# replaced with Aite).
Weekly launched an email subscription service to provide a better reading experience. Please visit https://jinrong.substack.com /Enable subscription. We recommend that you use foreign mail services such as Gmail, outlook, Protonmail, and iCloud to subscribe.
This week's theme: Please write inventions carefully
Editor: GAO
Cover picture
kan shou yu
Older than October 31, 2020 Ningbo office
In the 22nd issue of the weekly, I recorded the invention and business of Edison. The link is: Edison outside the textbook: he invented for making money and applied for a patent actively . This article describes Mr. Edison's obsession on patent application and his crazy experiment on invention and creation. It is said that in order to invent durable and practical filament, Edison tried more than 1600 kinds of heat-resistant materials at one go, probably trying everything he could find! Therefore, the money was quickly burned out, and the only conclusion was that these more than 1600 materials were not suitable for filament production.
Investors must be in a panic when they see this game. They all said they would not follow! However, Edison made the investors add a large sum of money and continued to burn the filament.
Finally, at the end of the second year, a carbonized cotton thread was found, which could light up for 45 hours. There is nothing else to say, apply for a patent immediately! Although the 45-hour life span was not enough for commercialization, Edison lit up the whole park like a day with cotton wire electric lights, which still made Investors are confident and continue to pay.
So Edison took money to continue burningStraw, gauze, hemp rope, rattan, horse mane, beard, hair...... Finally, it is found that carbonized bamboo silk is better to use. Then Edison sent people to look for bamboos all over the world. After trying more than 6000 kinds of plant fibers, he finally made 1200-hour filament with Japanese bamboos in the third year. Bamboo lamp was not replaced by tungsten lamp invented by another American until the early 20th century.
What do you want to express after saying so much? I am mainly interested in the recent SZZF patent bidding incident in the industry. ( Requirements for bidding materials:The patent holder does not need to provide the key information of the actual patent., the bidding unit needs to arrange the patent holder to carry outSelf-written, and apply for submissionAcceptance NoticeBookSuccessful ApplicationThe ID. )
Yan Gelai Said , it is understandable to compile patents. Although it may be almost an open secret, ZF Don't Public encouragement.
Strictly speaking, inventions and creations are often invented by imagination.
Strictly speaking, many inventors in history also succeeded blindly. Look at Mr. Edison in front.
But, ah
.
.
Case
1. Interpretation by case |Why should shareholders bear joint and several liability for the company's "close to famous brands?
Trial of the fourth court Li Yuerong Intellectual property Beijing
Company A is the registrant of Trademark No. 1,412,506th and trademark No. 3,010,353rd (referred to as the trademark involved in the case). After years of use, the above trademark has A high reputation in Category 11 illuminators and other commodities.
Company A found that company B did not continue to use the font name "Everbright" of its predecessor Everbright electric appliance factory when applying for registration of the enterprise name, but added the word "Rex.
At the same time, Company B has used the trademark of "Leishi whole house ceiling" and "Leishi" in the outer packaging of its produced and sold lamps, exhaust lamps with lighting and ventilation functions, etc, similar to the trademark involved.
After investigation, it was found that Company B was transformed from Everbright electric appliance factory, an individual industrial and commercial household, and Hu was the former operator of Everbright electric appliance factory. After the establishment of Company B, Hu Moumou continued to serve as the shareholder of the company, holding 40% of the shares of the company.
Company A believes that Hu Moumou, as the shareholder and actual operator of the defendant, should bear joint and several liability for the infringement of his trademark rights and unfair competition, so he sued to the court.
After the trial, the Court of First Instance ordered Company B, Hu Moumou and the operators of building materials lighting Plaza to undertake to immediately stop trademark infringement and unfair competition and change the company name, joint and several liability for compensation for economic losses and reasonable expenditures, of which, It is ordered that Hu Moumou and Company B jointly compensate for the economic loss of 2.5 million yuan, jointly compensate for the economic loss and reasonable expenditure of 80,000 yuan. .
Hu was not satisfied and appealed to the Beijing Intellectual Property Court.
Beijing Intellectual Property Court second instance : Reject the appeal and maintain the original judgment of the first instance.
Judge tip:
The company law of our country stipulates that the shareholders of a limited liability company shall be responsible for the company's debts within the limit of their subscribed capital contribution, and the company shall be responsible for the company's debts with all its property. Under normal circumstances, the company, as an independent legal person, shall independently assume responsibility for the infringement committed by it.
However, when individual shareholders of the company manipulate the company as an infringement tool and take advantage of the limited liability of shareholders to avoid legal sanctions, the people's court can "puncture the veil of the company" according to law ", break through the limited liability of the company's shareholders and judge the company's shareholders to bear joint and several liability for the infringement together with the company.
If the parties want to request the court to confirm that the shareholders and the infringing company bear joint and several liability, they shall prove that the shareholders of the company abuse the independent status of the legal person and the limited liability of the shareholders, evade debts and seriously damage the interests of the creditors of the company.
In view of this point, the parties concerned can have personality mixing between shareholders and the company, for example, whether shareholders use company funds for free without making financial records, and whether shareholders use bank accounts with the company before, etc, it may also be proved by the fact that shareholders control the company unreasonably and use the company as a tool for illegal profits.
If this case is similar, shareholders seek illegal interests by setting up the company and controlling the company's business activities to carry out infringement, and evade the liability for infringement by using the independent system of corporate personality.
Cui Yuhang. Chen Yue Intellectual property Beijing
APP needs to be done well, and brand domain names cannot be less. In terms of intentional attachment, enterprises should pay attention not only to trademark infringement, but also to domain names!
This is not true. A Zhang registered the domain name "toutiaoba.com" (referred to as the domain name for dispute). This "headline" can not be another "headline". Byte beat company, on the grounds that it has prior rights to the domain name in dispute, and Zhang has malicious rights to the registration and use of the domain name in dispute, the domain name is required to be transferred to the byte beat company.
After trial, the court held that Zhang's behavior of registering the domain name for dispute without justifiable reasons and using it for operation had subjective malice of beating the goodwill of the company and causing confusion among the relevant public, which obviously violated the principle of good faith, it is not improper to confirm that the domain name is transferred to byte beat company.
Case introduction
On January 20, 2014, Zhang registered the domain name "toutiaoba.com" (domain name for short).
On July 4, 2018, byte beat company filed a complaint with the Beijing secretariat of the Asian Domain Name Dispute Resolution Center (domain name center for short), claiming that it had prior rights and interests in the domain name of the dispute, Zhang's registration of the domain name of the dispute, the use is malicious, so it is required to transfer the domain name to byte beat company.
On August 28, 2018, the domain name center made a ruling to transfer the domain name to byte beat company.
Zhang, on the other hand, believes that he has the right to continue to legally hold the domain name in dispute due registration and normal use, so he sued to the court.
After examination, the Court of First Instance held that Zhang's commercial use of the "toutiaoba" logo began with his registered domain name in dispute, that is, January 20, 2014, however, the byte beat company will use "toutiao" and related approximate marks no later than March 9, 2012 when it was established. The main identification parts of the above marks are the same, and Zhang registered to use the alleged domain name to engage in the same or similar business activities as the byte beat company.
According to this, the Court of First Instance held that Zhang had no prior rights and interests, and had no justifiable reason to register the domain name and use it for business operation, there are subjective malice of intentionally praising the reputation of the company and causing confusion among users, which obviously violates the principle of good faith, and then the judgment rejects all the litigation requests of Zhang.
Zhang refused to accept the judgment of the first instance and appealed to the Beijing Intellectual Property Court.
IP reference Luo Houyin
The picture shows the scene of the trial.
Recently, the Guangzhou Intellectual Property Court legally investigated the appellants Guangzhou Sifeng Information Technology Co., Ltd. (hereinafter referred to as Sifeng company) and Guangzhou 4399 Information Technology Co., Ltd. (hereinafter referred to as 4399 company) public judgment was made on the case of copyright infringement and unfair competition dispute with the appellee Hangzhou Wangyi leihuo Technology Co., Ltd. (hereinafter referred to as leihuo company), and it was confirmed that "fairy language" game plagiarized "dream journey to the West", the judgment was rejected, the appeal was maintained, and the original judgment was maintained. Sifeng company and sisanjiu company compensated Lei Huo company 15 million yuan.
The second trial of this case corrects the trial idea of the first trial on the sub-item protection of the game involved, and evaluates and judges the game involved as a whole, it conforms to the overall protection spirit of "trial guidelines on several issues concerning civil disputes over intellectual property rights of online games (Trial)" issued by Guangdong Higher People's Court. And refer to the first effective case to identify it as electricity-like works. With regard to the amount of compensation, the second trial estimates the infringement profit of the game involved on the basis of App Annie data submitted by the parties concerned, and corrects the method that the discretionary process is too simple, making the determination of the amount of compensation more fair and credible.
Case details:
Lei Huo company became the right holder of "Dream Journey to the West" with exclusive permission. It found that "fairy language" produced and operated by si feng company and 439 company was similar to "dream journey to the West, the first instance sued to the People's Court of Tianhe district, Guangzhou city, requiring Sifeng company and sisanjiu company to stop infringement, eliminate influence and compensate for losses. After trial, Tianhe court held that it constituted copyright infringement and unfair competition. Since the infringement had stopped, it no longer ordered to stop the infringement and decided to compensate 15 million yuan. Si feng company and Si San company appealed against the judgment of the first instance.
Intellectual property Library
The People's Government of Jiangsu province
Welcome to Xiangcheng district people's government of Suzhou cityChina government website
Suzhou Municipal People's Government Xiangcheng district of Suzhou City People's Government
Intellectual property Application Promotion Department of the State Intellectual Property Office
About promoting the "blue sky" of patent agency industry in 2019"
Letter on specific matters of special rectification action ruoqian
(1. No need for the patent holder to provide the key letter of the actual patent. The bid form is arranged for the patent holder to write by himself)
And submit the application, Use the acceptance notice as the sign of successful application (2) the bidding unit shall promise the purchaser a 20% pass rate. (relevant commitment rain shall be provided) III. Self-compiling without providing patent key information " The patent holder does not need to provide the key information of the actual patent. , the bidding unit needs to arrange the patent holder to carry out Self-written , and apply for submission
Acceptance Notice
2. Ren Zhengfei:Peace can only be obtained if the strength is equal, and there is no peace of Xianglin sister-in-law
II. Bidding content:
Ren Zhengfei said that the country should not only attach importance to the research of scientific theory and engineering technology, but also pay attention to some pure research not for the purpose of application. Otherwise, how can we break the sky? With such a large economic aggregate, it should be possible to allow some people to be "Van Gogh. In the history of science, there is a kind of leech that has survived for 80 million years. How many scientists have studied it for decades, and some scientists are furious because they cannot find the male Leech, in fact, he had already reached the edge of the Nobel Prize, and finally Belgian scientists discovered that it was simplex reproduction. Sexual reproduction, the combination of the two gene chains will produce mutation, there will be an excellent generation, of course, unhealthy abortion, naturally eliminated. Then if the gene chain of single parent reproduction has pathological changes and problems, won't it be extinct if inherited? She found that the gene chain of the Leech will break and reintegrate, isn't it the best choice? So they have experienced 80 million years, experienced many disasters, and survived.
The total economic volume of our country is so large. For such a big tree, the root is not strong. If the root is not tied, the tree is unstable. What if there is a typhoon? The short, flat and fast economic development model that we turn on the tap is unsustainable. Our country's basic industry is still not strong. A small drop of glue restricts the story of a country. We have already seen that this is molecular engineering and high technology in high technology. And these thousands of kinds of glue, abrasive, special gases......, They are all high-tech in high technology, and our country is still basically unable to reach them now. The annual demand for many technologies is only tens of millions of dollars, millions of dollars or even less. Let's see how many companies are willing to do such things under the bubble economy. Lack of one will get stuck in a country's neck.
Crossing the River requires ships and bridges. We have a good scientific goal. The boatman crossing the river is talents, and talents come from education. Therefore, The development of the country lies in education.
Ren Zhengfei also said that if the country gives some funds to remote areas every year, It may be better to let poor children eat 100.00g meat every day than to build some big houses, Houses will always be old, children will always become doctors, and they will be more loyal to their motherland.
Feng Qingyang Fine Gold Stone
Five domestic pharmaceutical companies, including Sichuan Kelun, Jiangsu Haosen, Zhengda Tianqing, Jiangsu Wanbang biochemical and Hangzhou Sino-US east China, successively launched invalid patent attacks and won milestone victories.
Recently, the State Administration of knowledge issued a decision on the review of the No. 46,013rd invalidation request, declaring that the application rights of the patent CN201310414119.9 of the hypoglycemic drug ngelnet compound of Boehringer Ingelheim, a multinational pharmaceutical company, were all invalid.
Englejing is one of the best SGLT2 inhibitor hypoglycemic drugs for patients with type II diabetes, and has the only unique advantage to reduce the risk of cardiovascular death. Its global sales in 2019 alone was about 3.4 billion US dollars.
The Stone of other mountains can be used to attack Jade. Several identification opinions in this invalidation decision review book are worthy of reference for domestic pharmaceutical companies to carry out patent layout, patent application and patent invalidation.
1. Under the condition that the general compound has SGLT-2 inhibitory activity as a whole, the compound replaced at the end or the specific compound with the same parent nucleus can be reasonably presumed to have roughly equivalent activity level.
2. The extraordinary activity effect of specific compounds contained in general compounds must be proved by activity experimental data.
3. The qualitative description of the effect in the instruction book adopts strict and prudent standards for understanding its meaning.
4. The invention and creation completed before the application date and the application text are the main judgment basis for patent authorization.
5. The judgment principle in this decision is quite different from the prior invalid decision in 2017.
(media multitasking) -Or has a negative impact on the memory of young adults. The results show that frequent media multitasking is related to distraction and increased forgetting, such as sending messages while watching TV for a long time and surfing the Internet. People have always wanted to find out the reasons why human beings are forgetful and why some people have better memory. With the rise of digital culture, understanding media multitasking and situational memory (Memory of events) The relationship between differences adds new difficulties to these long-term questions. Take advantage of an 80 young adults
(Age 18-26) Kevin Madore, Anthony Wagner and colleagues from Stanford University in California studied whether media multitasking was related to spontaneous distraction and whether distraction was negatively related to memory. Encoding
PleasanT Unpleasant? 0.1s
5,Digital Levitan and philosophical counterattack in human disciplineDuan WeiwenXinrui Weekly
In 1919, Darda artist Raoul Hausmann exhibited his most famous work "mechanical head-our spirit of the times". He bonded some mechanical objects on the head of a dull wooden dummy, such as the ruler, typewriter, pocket watch and camera parts. He hopes to imply with this Surrealism art combination: Like this mechanical head, the inside of the brain has become empty and can only rely on external things to make decisions, has become a slave to all kinds of measurement and information equipment around.The "spirit of the times" as the theme word is easily associated with Hegel's philosophy, but this work may be more in line with the successor and successor of his thought-Marx's concept: people's "thoughts" are determined by the objects connected with them. From a deeper perspective, this head portrait device without eyes undoubtedly deconstructs the obsession of European civilization with portrait and its rational representation, it expresses the concern of humanism that human reason is suffering from the infiltration and domination of barbaric external forces.
A study published this week in Nature Memory failure predicted by attention lapsing and media multitasking
Found,
Use multiple forms of digital media at the same time-also known as media multitasking
6,
The humble agent, the applicant who "just knelt on his knees", who is more miserable?
Applicants, many applicants, do not feel the "rolling financial resources" brought by patents and are unwilling to invest too much money......
Agents, many agents, can't feel the applicant's
Patent rights protection failed, or peer invalidation, causing more vicious circle......
The result shows that, Distraction at the moment before memory is related to the reduction of neural signals and forgetting in memory. . The author points out that,
More frequent media multitasking operations may be related to an increase in the frequency of distraction, and this trend will lead to poor situational memory.
Who is worse, the humble agent and the applicant who "just kneels on his knees?
7,Consideration of extraterritorial evidence and witness testimony in patent invalidation procedure
Extraterritorial evidence and witness testimony are common evidences in invalid procedure extraterritorial evidence and witness testimony are common forms of evidence in invalid procedure. In invalid procedure, the examination and identification forms of extraterritorial evidence, in the invalid procedure, the examination and determination of extraterritorial evidence is usually based on its authenticity and legality according to its different forms of evidence, usually from its authenticity, in terms of legality and relevance, in terms of conditions and relevance that meet the requirements of "three natures", in terms of conditions that meet the requirements of "three natures, to judge its openness and proving power; To judge its openness and proving power under the witness's testimony; To judge the witness's testimony, according to the situation that the witness appears in court to receive inquiry, at the same time, in combination with the testimony, according to the situation of witnesses appearing in court to receive inquiries, at the same time, combining with the witness's own quality, mental state, language expression ability and other aspects of the witness's own quality, mental state, to make a comprehensive judgment in terms of language expression ability, etc.
This paper combines a real invalid case to make a comprehensive judgment. Combined with a real invalidation case, this article talks about how to examine and identify extraterritorial evidence and witness testimony in the patent invalidation procedure. Review and confirm testimony.
Apple
Clues to the production of finished products of the company in order to better predict the sales prospects in the next few quarters. Houseman's work, "mechanical head-our spirit of the times". (Data graph) "Mechanical Head" indicates the framework of technology as an external force for human cognition and intelligence.
In Morgan Stanley It seems that the air quality of Chinese cities is one of these clues. Analysts of the bank wrote: "Using air quality data from a non-profit platform that collects and publishes China's air quality data, we have tracked nitrogen dioxide levels in 4 cities in China (for temperature, humidity, variables such as wind power are controlled). According to the European Space Agency (ESA), this is a first-class indicator of industrial activities, and Apple's manufacturing partners have a large number of manufacturing businesses in these cities."
Zhengzhou is the main production base for Apple's manufacturing partners, while analysts at Morgan Stanley point out that the air quality in the city has declined, which indicates that iPhone 12 production has increased.
9,Did you not socialize today?
The process of social contact is a process of information exchange. If in the process of information exchange between each other, it can bring some new ideas to each other or solve some practical problems, I think this is effective social interaction.In short, effective social interaction will generate value increment, but the increment here is large and small.
With the Internet, people have a wider range of information and can receive more feedback. When the amount of information reaches a certain level, we need to invest a lot of time to listen, reading, replying and other interactions are full of invalid social interactions. In order to analyze the links in which social activities will become ineffective, we might as well make a simple classification of social activities:
Our daily social activities are very rich. Here are some scenes that we often encounter in social activities:
In a group of Navy troops, seeing others talking nonsense, you can also make do with it to post a few words, chatting and chatting
Seeing that a person was very powerful, he ran to greet him and made a familiar face.
I vented a few words in the circle of friends, received feedback and likes from many people, and then communicated with others in the comment area.
I saw an expert in Zhihu who thought his point of view was too naive and ran over to talk with others in a righteous manner.
It's New Year's Day. Write a Blessing message and send it to all the friends you know and don't know.
......
Note that in the above scenario, I did not say it is invalid social interaction. Then, the definition of invalid social interaction will be given next.
每个人心中都有一把尺子,这个尺子可以衡量一件事物的价值,你觉得有意义的事情他觉得无意义,反之亦然,所以无效社交就是先确定好心中这把尺子的度量衡,在价值上低于度量衡的便是无效社交。
你可以把自己心中的尺子拿出来,对着上面几个场景量一量,就可以量出你心中的无效社交。当然,这么做会显得有些功利主义,但是你得搞清楚,如果无效社交占据了你大量的时间,那么可以真正被用来做事情的时间便会越来越少。
审一庭 朱蕾 知产北京
“稻草人”是专利无效案件审查中经常听到的一个名词。
专利法第四十五条规定,自国务院专利行政部门公告授予专利权之日起,任何单位或者个人认为该专利权的授予不符合本法有关规定的,可以请求专利复审委员会宣告该专利权无效。
由这一规定可知,无效请求人并没有特定化,比如只能是与专利侵权纠纷相关的利害关系人。这就使得意欲提出无效请求之人,可以通过他人代为提出无效请求,而不是必须自己亲自提出。
The applicant reflected in the invalid declaration request case is someone who can't see the real connection, and this is the so-called "Scarecrow".
This kind of strategy is usually used when the enterprise has not yet had a direct patent infringement dispute with the other party, at this time the conflict between the two parties has not been made public and superficial. Enterprises often don't want to let the other party know that they are attacking the other party's patent right, so as to avoid causing the opponent and the public to know the positive conflict between the two sides.
11,Returning to Venus: Looking for a future home for mankind
This is the artistic renderings of Venus 2 probe and four atmospheric detectors in NASA's "Pioneer Program". It was used for a mission in 1978 to learn more about the atmosphere of Venus.PAUL HUDSON/NASA
On September 14, astronomers reported that phosphine, a chemical, was found in the acidic clouds of Venus, which may be a sign of life. This makes some planetary scientists eager to return to the second planet of the sun, especially those who believe that Venus has long been neglected compared to Mars and other planets.
"If this planet is active, producing phosphine, and there is something producing phosphine in the atmosphere of Venus, then, Almighty God, forget the nonsense about Mars," paul Byrne, a planetary scientist at North Carolina State University, said. "We need lander, orbiter, we need a project."
It is not easy to visit Venus. Its atmosphere is rich in carbon dioxide, its density is 90 times that of the Earth, and its surface temperature averages 800 degrees Fahrenheit (about 426.7 degrees Celsius). Its surface pressure is large enough to crush some submarines.
"The focus of global scientific research is shifting from Europe and North America to other regions. I believe that the East will become a new scientific research center juxtaposed with Europe and America." This is the judgment made by yeyiliangzhi, vice chairman of the world's top scientists Association (WLA) and winner of the Nobel Prize in Chemistry in 2001, in an exclusive interview with reporters at the Third World's top scientists Forum yesterday. In order to comply with this trend, yee yee yee yee yee yee yee yee yee yee yee yee yee yee yee yee yee yee yee yee yee yee yee yee yee yee yee yee yee yee yee yee yee yee yee yee yee yee yee yee yee yee yee yee yee.
undefined
Shaoxing, China
Ke Qiao (textile), Jinjiang (shoes, clothing and food) intellectual property rights rapid Rights Protection Center Approved. Zhongsha (special) patent review Highway (PPH)
The State Intellectual Property Office has agreed to build China (Hangzhou) and China (Ningde) intellectual property protection centers. , the total number of intellectual property protection centers under construction and in operation nationwide has reached 40. Hangzhou protection center is the third protection center built in Zhejiang province after the protection centers in Zhejiang and Ningbo. Affected by the epidemic, this year's World's top scientists Forum (WLF) was held in a combination of online and offline methods. Yeyiliangzhi received online visits from many media in his office. In addition to the epidemic, his focus is on how to stimulate young people's enthusiasm for exploration: "Basic research is crucial, and challenging the unknown and impossible is the most important characteristic of scientific research. In contrast, the research itself and whether there are good results are not so important. Moreover, only young scientists can constantly challenge unknown fields."
Regulations of Shanghai Municipality on anti-unfair competition Revised and passed, and will come into force on January 1 next year. Tools & resources
1
,Global brand database13. One sentence message
2,
Sharkle Hangzhou
3,
Infinitely enlarged illusionTheZoomquilt
Nikolaus Baumgarten created a project in 2004.
Illustrator: Andreas Schumann (Andreas Schumann), Eero Pete card tender (eeropitk ä nen), Florian big (Jordan kerntke), Lars Ge Ze (larsg ö tze), felipe (marisbl ä ttermann), Marcus Ned (Markus neidel), Paul Painter (Paul Painter), Oliver Daschle nomination Myrtle (Sonja Schneider), sol Bergsten · Wo Erbo (Thorsten wolber), Tony Stanley (Tony Stanley),, Van Ningning (Ville vanninenen).
Helper
&Intellectual property MuseumRecommendation |
Patent mining (2nd edition)Published: July 01, 2020 Covid-19Update
This book systematically sorts out the theories and common tools of patent mining, and passes the main scenes of patent mining for the first time (such as patent mining based on research and development purposes and innovation points, patent mining to deal with competitors' core patents, patent mining to avoid design, etc.) elaborate patent mining one by one. In addition, the methods of patent mining are introduced respectively from the main technical fields, and the specific process of patent mining is explained and analyzed through typical cases.
Main editor Ma Tianqi
Font
Free commercial Chinese font: Qiantu rabbit body , integrates cute into font design, showing youth, vitality and playfulness, suitable for logo, logo, poster, book layout and other scenes
千图小兔体是千图网联合国内专业字体设计机构iFonts共同发布的一款萌系创意字体,历时半年多悉心打磨完成。向所有千图网用户开放免费下载。将可爱的千小兔融入字体设计中,尽显年轻、活力与俏皮,适用于可爱、少女风的海报、店招等场景。
链接: https://pan.baidu.com/s/1XgR5bqYyiWnu2AvCMwoqlw 提取码: 27w3
复制这段内容后打开百度网盘手机App,操作更方便哦 复制这段内容后打开百度网盘手机App,操作更方便哦
人物(空缺)
图片
1、兔鸭错觉
已知历史上最早的视觉错觉图片,发表在1892年10月23日的一本德国幽默杂志上,要求读者分辨下面的图片更像鸭子,还是更像兔子。
2. The cover shows the closed inactive (yellow) conformation and Open Active (orange) conformation of the new coronavirus S protein.
Which one do you like best, the magazine cover named "nature" in October?
Abstract
1,The drug patent link in the new patent law-a "grand marriage" that America is keen on"
Drug Patent link, in the procedure is to link the examination and approval of drug listing application with the examination of drug patent effectiveness; In the function is to link the drug supervision and administration agency (State Drug Administration) the functions of the patent management agency (State Intellectual Property Office) are linked. Therefore, the establishment of drug patent link system needs the full cooperation of the two departments, which can be described as a remarkable "marriage". At present, more than 70% of the innovative drugs in the Chinese market come from foreign pharmaceutical companies, especially those in Britain and the United States. Therefore, regarding the part of the drug patent link system that is beneficial to innovative drugs, the U.S. government expressed great concern and specifically put forward relevant contents in the first-stage trade agreement between China and the United States.
On October 17, 2020, the 22nd th meeting of the Standing Committee of the 13th th National People's Congress of the People's Republic of China passed the decision of the Standing Committee of the National People's Congress on Amending the Patent Law of the People's Republic of China. The Fourth Amendment to the patent law, which had been bred for several years, was finally born. In this amendment, the drug patent compensation period of Article 42, paragraph 3, and the "proposed infringement" of drug registration in Article 76 are the first clauses in China's "drug patent Link System, it has received extensive attention.
Drug Patent link system was first created in The "Hatch-Waxman Act" (Hatch-Waxman Act) of the United States in 1984 simply links the examination and approval of drug listing applications with the examination of the effectiveness of drug patents, the aim is to achieve a "imitation balance". On the one hand, this system can accelerate the listing of generic drugs by simplifying the approval of the listing license of generic drugs and stipulating that generic drug applicants can initiate patent challenges to the original drugs. On the other hand, through mechanisms such as extending the protection period of drug patents and stipulating the containment period, the system also protects the interests of the original drug producers. In this way, imitation pharmaceutical companies can be listed more generic drugs with lower prices than the original research drugs, and the original research pharmaceutical companies still have the motivation to develop more new drugs, imitation pharmaceutical companies, the interests of the original pharmaceutical enterprises and the public have been considered and guaranteed.
There are both internal and external factors in China considering the construction of drug patent link system at this stage.
Internal factors are mainly related to the increasing innovation and research ability of pharmaceutical enterprises in China-or the needs and expectations of the state for the improvement of technological innovation ability of pharmaceutical enterprises. In recent years, with the policy direction of the country to encourage innovation, different departments have drafted and issued the following policies or legal documents in order to explore and promote the patent drug link system:
On May 12, 2017, the then Food and Drug Administration published "relevant policies on encouraging innovation of pharmaceutical and medical devices to protect the rights and interests of innovators (draft for comments)" (No. 55 of 2017), to seek public opinions from the public. In this document, the "establishment of a drug patent link system" was first mentioned ".
On October 8, 2017, in the Opinions on Deepening the reform of the examination and approval system and encouraging the innovation of pharmaceutical and medical devices (hereinafter referred to as the opinions of 2017) issued by the General Office of the CPC Central Committee and the General Office of the State Council, put forward "promoting drug innovation and generic drug development", and under this topic put forward to "explore the establishment of drug patent Link System".
In the Patent Law Amendment (draft), which was publicly solicited for comments in January 4, 2019, the clause compensating the patent term of innovative drugs appeared for the first time (Article 43, paragraph 2).
On November 24, 2019, in the "Opinions on Strengthening the Protection of intellectual property rights" issued by the General Office of the CPC Central Committee and the General Office of the State Council, it was once again proposed to "explore the establishment of a drug patent link system and a drug patent term compensation system".
On July 3, 2020, the amendment to the Patent Law of the People's Republic of China (the second review draft of the draft) was published and publicly solicited opinions from the public. In addition to retaining the compensation term of the new drug (the specific statement has been adjusted), the proposed tort clause for drug registration also appeared for the first time (Article 75, paragraphs 2-4).
On September 11, 2020, the website of the Food and Drug Administration published the draft of "implementation measures for early resolution mechanism of drug patent disputes (Trial)" jointly drafted by the State Drug Administration and the State Intellectual Property Office. This is the most comprehensive legal document that reflects the drug patent link system in our country so far, but it is said thatThe first legal document on drug patent link system.
On October 17, 2020, the Fourth Amendment to the patent law was passed, formally stipulating the compensation period for drug patents (Article 42, paragraph 3) and the "proposed infringement" of drug registration (Article 76).
On October 29, 2020, in response to the Fourth Amendment to the patent law, the Supreme People's Court passed the supreme official website, guan Wei announced to the public "provisions on several issues concerning applicable laws in the trial of patent civil cases involving drug listing review and approval" (draft for comments).
The external factors mentioned mainly refer The first phase of the economic and trade agreement signed by the governments of China and the United States on January 15, 2020 (hereinafter referred to as the economic and trade agreement). In this agreement, intellectual property rights are placed in the position of the first chapter, the third, section 200.00G "drug-related intellectual property rights" and "patents" both have relevant contents related to the drug patent link system. It can also be seen from the above that before and after the signing of the agreement, the pace of building a drug patent link system in China began to accelerate.
The following is a discussion from the content of the drug patent link, the influence of the above internal factors and external factors, as well as the construction of China's drug patent link system.
One view is that the main content of drug patent links generally includes the following nine mechanisms:
(1) information disclosure system of drug patents (Orange Peel book system)
(2) compensation mechanism for drug patent term
(3) patent infringement exemption provision for drug listing license information collection (the so-called "Bolar exception")
(4) proposed infringement provisions for generic drug listing license application
(5) patent declaration mechanism in the application process of generic drug listing license
(6) simplified application provisions for generic drug listing license
(7) the coordination mechanism between the trial procedure of generic drug listing application and patent dispute handling
(8) Market exclusive period mechanism of first generic drugs
(9) protection mechanism of clinical trial data
Tea is a wind vane of the geographical environment of a region. In choosing a residence, tea trees are more particular than people-among the major tea producing areas in China, Gangnam Hills, mountains and rivers, Southwest There are many mountains, clouds, and various terrains, South China The climate is warm and moist with abundant rainfall. Even in the northwest, the place where tea is produced is like Hanzhong, Shaanxi , Longnan, Gansu , there are often mountains and water, and they are often named as "little Jiangnan.
▲ the tea garden in Zhenghe county, Nanping, Fujian is like a green maze built by the plant wall. Photography/Lu Fanjing
Judging from the overall environment, most of China's famous tea is concentrated in 30 degrees north latitude Near the "golden tea production belt", here Temperature, humidity, light, soil And other conditions are relatively suitable. The so-called "there is Jiamu in the South", in the matter of drinking tea, the Southerners also have more discourse power than the northerners.
And Mountain Microdomain climate , it gives tea more possibilities to grow, from Wuzhishan, Hainan Next, it can be picked as early as the winter solstice of the previous yearWhite sand green tea; Lushan, Liaoning Area, break through the limit of tea growth latitudeLiao black tea. Famous Tea is accompanied by famous mountains, decorating the magnificent rivers and mountains of the motherland. No matter north or south, Where you love drinking tea, life is not too bad.
Where is the hometown of tea?
Chinese tea originated from Yunnan, Guizhou, Guangxi The triangle at the junction.
This area is located in Yunnan-Guizhou Plateau In the southeast, the latitude is relatively low and the altitude is relatively high. There are many mountains and rivers in the territory, which almost perfectly conform to the tea tree pair. "High altitude, low latitude, multi-cloud" Environmental preference-one million years ago discovered in 1980 Tea seed fossil , it is unearthed in Guizhou Qinglong, Pu'an The junction of two counties. Here is Hometown of tea , it is also the place where tea was first listed except Hainan.
Speech
1, Researchers are pursuing truth, not intellectual property rights.
-- World top scientists conference | WLA Vice President yeyiliangzhi
2,If the country gives some funds to remote areas every year,It may be better to let poor children eat 100.00g meat every day than to build some big houses,Houses will always be old, children will always become doctors, and they will be more loyal to their motherland.
-- Ren Zhengfei
Consultant unit
Wan Wen intellectual property management agency
Wanwen intellectual property public account
Business Department (Trademark Department):0574-87225873
Business Department (International Department):0574-87220863
Business Department (copyright department):0574-87220593
Business Department (patent department):0574-87225873
Subscription
This Weekly is published every Saturday and updated synchronously in Wan Wen intellectual property management agency , China Standard Office And WeChat public account.
You can subscribe to WeChat by searching for "China standard office" or scanning the QR code.
(End)