Intellectual property exposure Weekly: No. 32 20201205 (Chang 'e No. 1 to No. 5)
知识产权情曝周刊:第32期20201205(嫦娥一号到五号):从小就听嫦娥奔月的故事。“嫦娥奔月”神话源自古人对星辰的崇拜,嫦娥故事最早出现在《归藏》。后来民间把故事进一步发挥,衍化成多个故事版本。“嫦娥奔月”的神话故事,据西汉著作《淮南子》中说,是因为她偷吃了她丈夫羿从西王母那里要来的不死药,就飞进月宫成仙。 古往今来,有过各种版本的嫦娥,下面我们就看看吧!
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This week's theme: Chang 'e 1 to 5
Editor: GAO
Cover picture
kan shou yu
Older than December 5, 2020 Ningbo office
Since listen to moon story. The myth of "Goddess of the Moon" originates from the ancient people's worship of stars, and the story of Chang 'e first appeared in "Return to Tibet". Later, the folk further developed the story into multiple versions of the story. According to the Western Han Dynasty's book "Huai Nanzi", The Myth story of "Goddess of the Moon" was because she stole the undead medicine from her husband Yi's Xi Wangmu and flew into the Moon Palace to become an Immortal.
Through the Ages, there have been various versions of Chang 'e. Let's take a look at it now!
Chang'e -1
October 24, 2007
China's first lunar exploration
A full moon image with international advanced level has been obtained.
The full-month digital elevation model and three-dimensional lunar topographic map with the highest precision and resolution are obtained.
The content distribution data of important elements in the whole moon and local regions are obtained.
China Aerospace officially enters a new era of deep space exploration
Chang 'e 2
October 1, 2010
The world's first full-month map with a resolution of 7 meters is obtained.
Some key technologies have been verified for Chang 'e -3
In the expansion test, it was the first time to fly from the moon orbit to the Lagrange L2 point in Japan for scientific exploration.
Successfully completed various expansion tests
China has achieved another important cross-region in the space field, which has laid a solid foundation for the follow-up tasks of China's lunar exploration project and the development of deep space exploration.
Chang 'e 3
December 2, 2013
China's spacecraft first soft landing of outer celestial bodies
The first inspection survey of extraterrestrial celestial bodies in China
The first remote control operation of the Moon detector in China
It has set a new milestone for the development of China's aerospace industry.
China's height has been refreshed in the journey of human beings to climb the peak of science and technology.
Chang 'e -4
On May 21, 2018, the "Queqiao" relay star was launched.
On December 8, 2018, the Chang'e -4 detector composed of "Yutu 2" patrol device and Lander was launched
World first time spacecraft the farside soft landing and Patrol survey
World for the first time Earth and the dark side of the Moon measurement and control communication
For the first time in the world, the relay satellite was deployed on the Earth-Moon Lagrange L2 point.
World first carried out the dark side of the moon low frequency radio astronomy observation and research
Chang 'e -5
Automatic sampling on the moon surface for the first time, taking off from the moon surface for the first time,For the first time, unmanned rendezvous and docking were carried out on the moon orbit 380,000 kilometers away,For the first time, the lunar soil was brought back to the Earth at a speed close to the second universe, and the storage, analysis and research of lunar soil samples were carried out on a large scale for the first time.
Special Information:Moon flag "advanced customization"
After about 19 hours of work on the moon surface, the Chang'e -5 probe of the moon exploration project successfully completed the automatic sampling of the moon surface. At 23:10 on December 3, the lifter took the moon's "local specialty" off smoothly and embarked on the voyage. Before completing the sampling task and taking off, a "fabric version" five-star red flag carried by the lander was successfully unfolded on the moon surface, which was the first time that our country realized the "independent display" of the national flag on the moon surface ", it also marks the success of the Moon-facing national flag display system.
This is another successful demonstration on the surface of the moon after the perfect mutual shooting of the Chinese national flag between the Chang'e -3 lander and the Yutu lunar rover on December 15, 2013, and the successful demonstration on the surface of the moon by the Chang'e -4 probe on December 8, 2018, which brought the national flag to the back of the moon, it also made the Chinese probe Mark "China" on the moon again ".
However, the way of displaying the national flag of Chang 'e -5 probe is quite different from that of "Chang 'e -3" and "Chang 'e -4", and the difficulty of development has reached a big step. China Aerospace Science and Industry Group aerospace Sanjiang, as the research and development unit of the "Chang 'e -5" moon-facing national flag display system, united with Wuhan Textile University, 213 institutes and other units in order to develop this unique national flag display system, experienced many challenges and overcome many difficulties.
With 2 kilograms of lunar soil in mind, the Chang'e -5 probe lifter is ready to take off. When leaving, it glanced at the lander. In more than ten minutes, they will never see each other again. Every next step, it must be careful, not bad......
Case
1,WeChat v. OK WeChat Butler claims 10 million | Judgment
The plaintiff believes that the defendant OK WeChat Butler Website (www. okweixin . net) WeChat management Software (also known OK WeChat Butler ), the software can obtain WeChat software User information, chat content, WeChat friends, WeChat accounts, WeChat red envelopes and transfers, WeChat circle of friends and other privacy data, And automatically generate statistical charts .
The plaintiff said OK WeChat Butler It is excluded from the PC version of WeChat software. When a user logs in by scanning the code, the PC version of the logged-in Wechat software will be forced to be offline. According to the information disclosed by the two defendants themselves, it shows that they have made more profits through sales contact. 100 million yuan ~💰
The plaintiff believes that the behavior composition of the two defendants Unfair competition , Sui Claim 10 million ! The first instance court pan pei 3.6 million
A few days ago, the second instance of Beijing Intellectual Property Court concluded a dispute over unfair competition in which VIP accounts of video websites were rented at different time periods, after trial, the court held that the behavior of "play now" APP operators to rent the VIP account of iQiyi in time was not legitimate and constituted unfair competition, the company should compensate iQiyi company for economic losses and reasonable expenses totaling 3 million yuan. The final judgment rejects the appeal and maintains the original judgment.
Case introduction
IQiyi company is the operator of iQiyi website and iQIYI APP. After users pay the corresponding consideration to become VIP members of iQiyi, they can enjoy membership privileges such as skipping advertisements and watching VIP videos, however, members can only obtain limited use rights and cannot transfer, lend, lease, sell or share them with others.
IQiyi company found that longhun company and Longjing company illegally rented the VIP account of iQiyi by technical means in the involved APP, so that its users can obtain the VIP video service of iQiyi without paying to iQiyi company, violated the iQiyi VIP account user agreement.
IQIYI believes that the above-mentioned behaviors involved in the case, on the one hand, lead to a decrease in the download volume of iQiyi apps by attracting users to watch videos; On the other hand, restrict some functions of iQiyi apps, resulting in a decrease in user experience. The above behaviors damaged their legitimate rights and interests, so they sued the two companies to the Court of First Instance, requesting to eliminate the influence and jointly compensate for economic losses and reasonable expenses totaling 3 million yuan.
The court of first instance determined that the act involved constituted unfair competition and ordered the two companies to stop the infringement and compensate iQiyi company for its economic losses and reasonable expenses totaling 3 million yuan.
Longhun company and Longjing company refused to accept the first-instance judgment and appealed to the Beijing Intellectual Property Court, requesting to revoke the first-instance judgment and revising the judgment according to law to reject all the litigation requests of iQiyi company.
Beijing Intellectual Property Court: according to the fourth item of the second paragraph of article 12th of the anti-unfair Competition Law, operators are not allowed to use technical means to hinder the implementation by influencing users' choices or other means, acts that undermine the normal operation of network products or services legally provided by other operators. The accused behavior is improper, violates the above legal provisions, and has constituted unfair competition.
With regard to the amount of compensation, the Court of First Instance comprehensively considered that the number of downloads of the apps involved was relatively large, and the popularity of iQiyi videos in the apps involved was as high as millions, the subjective fault degree of the infringer, the member income of the obligee and the loss of user traffic and other factors determine the compensation amount as 3 million yuan as appropriate, which is not improper.
To sum up, the Beijing Intellectual Property Court made a judgment of second instance: reject the appeal and maintain the original judgment.
Appellant Beijing Siwei tuxin Technology Co., Ltd. (hereinafter referred to as Siwei tuxin company) and Appellee Beijing Qihu Technology Co., Ltd. (hereinafter referred to as Qihu company), Beijing Xiuyou Technology Co., Ltd. (hereinafter referred to as Xiuyou company), lide space Information Technology Co., Ltd. (hereinafter referred to as Lide company) is not satisfied with the case of copyright infringement and unfair competition dispute (2016) made by Beijing Haidian District People's Court (hereinafter referred to as the Court of First Instance) beijing 0108 Civil Judgment No. 27234 (referred to as the first instance judgment), appealed to the court within the statutory time limit. After accepting the case, the court formed a collegial panel according to law and held a public hearing on July 23, 2020. The entrusted litigation agent Xu Jing and Guo Jianglong of Siwei tuxin company, the entrusted litigation agent Li Na and Yang Zhenzhong of Qihoo Company, and the entrusted litigation agent Yan Chunhui and Ma Dongxiao of Xiuyou company have established the entrusted litigation agent Li Jianhua and Tao Tao of the company, expert assistants of Siwei tuxin company Zhang Shiqi, Liu Qian, expert assistants of Qihu company Wu Fangjin, Liu Qingjun, expert assistants of Xiuyou company Feng Hongzhi, Tan Xiangrui, lu Wenjun, the expert assistant of Lide company, attended the lawsuit in court. This case has now been concluded.
The appeal request of Siwei tuxin Company: 1. Request the court to revoke the judgment of the first instance and revise the judgment according to law: 1. Qihoo Company, Xiuyou company and Lide company stop false propaganda; 2. Qihoo Company, Xiuyou company, on the homepage of "360 search" website (www. so. com) and the prominent position of the first screen of the "360 search" APP, as well as the official version outside the "Beijing News", published the apology statement for 15 consecutive days, and eliminated the adverse effects of its infringement on the four-dimensional new company; 3. Qihoo Company, Xiuyou company and Lide company compensate for the economic loss of the four-dimensional tuxin company of 100 million yuan; 4. Qihoo Company, Xiuyou company and Lide company compensate for the reasonable expenditure of the rights protection of the four-dimensional tuxin company of 1 million yuan. 2. Request the court to revoke the judgment of the first instance and send the case back for retrial. II. The costs of the first and second instance of this case shall be borne by Qihoo Company, Xiuyou company and Lide company.
...... Beijing Intellectual Property Court held that
01 related navigation electronic map composition map works
The electronic map involved in the case shows originality in choosing and choosing ground objects, landforms and information points, and in choosing and choosing the drawing colors, labels and drawing methods of ground objects and landforms in the map. Therefore, the navigation electronic map involved constitutes a map work and is protected by copyright.
02 The behavior involved infringes the copyright of Siwei tuxin company to the navigation electronic map involved
1. The mode of cooperation and use between Xiuyou company and Qihoo Company is beyond the mode and scope of use agreed by Xiuyou company and Siwei tuxin company, and infringes the right of signature of Siwei tuxin company to the navigation electronic map involved in the case, right of reproduction, adaptation and information network dissemination.
2. The act of Lide company sending the map of "I Xiu China map website" to the national surveying and mapping department for examination and obtaining the map number of GS(2014)6071 without the permission of four-dimensional map new company, infringe on the right to copy the navigation electronic map involved by Siwei tuxin company.
03 The Act involved violates the provisions of Article 2 of the anti-unfair Competition Law
Qihoo Company, Xiuyou company and Lide company used the navigation electronic map data involved without permission, which seriously violated the principle of good faith and damaged the competitive advantage of Siwei tuxin company, it constitutes an act of unfair competition that violates the provisions of Article 2 of the anti-unfair competition law. In view of the fact that the alleged unfair competition behavior advocated by the four-dimensional tuxin company is essentially the same as the aforementioned copyright infringement behavior, and the court has applied this special law to protect it, article 2 of the anti-unfair competition law should not be used for repeated protection.
04 the behavior involved does not constitute false propaganda behavior
Qihoo Company marked the map data on 360 map from Xiuyou company, which is the usual signature method of navigation electronic map, and also according to the agreement with Xiuyou company license agreement, it does not belong to false or misleading propaganda. The statements issued by Xiuyou company and Lide company also state relevant facts, do not belong to commercial publicity, and will not cause misunderstanding of consumers. The behaviors involved in the case of Qihoo Company, Xiuyou company and Lide company do not constitute false propaganda.
To sum up, the Beijing Intellectual Property Court ruled to revoke the judgment of the first instance, and changed Qihoo Company and Xiuyou company to publicly apologize to Siwei tuxin company and eliminate the influence; Qihoo Company, Xiuyou company, lide company jointly and severally compensated Siwei tuxin company for its economic loss of 10 million yuan and reasonable expenditure of 500,000 yuan.
4,Which of the two "bulls" is authentic?
Facing the two enterprises named "Bull" in the market, consumers sometimes can't tell which "Bull" is authentic? For this reason, Cixi bull Electric Appliance Co., Ltd. (hereinafter referred to as Cixi bull), the manufacturer of "Bull" brand socket, was suspected of trademark infringement and unfair competition, bring Shanghai bull Industry Co., Ltd. (hereinafter referred to as Shanghai Bull) to court.
Recently, Shanghai Intellectual Property Court made a final judgment on the case of trademark infringement and unfair competition between Cixi bull and Shanghai bull, rejected Shanghai Bull's appeal and upheld the first-instance judgment, that is to say, the act of registering and using "bull" in Shanghai bull constitutes unfair competition, and it is judged that Shanghai bull will stop using "bull" in its enterprise name to eliminate the influence, compensation for economic losses and reasonable expenses of Cixi bull totaled 500,000 yuan.
Wu Yingzhe, the presiding judge of the case, said: "operators should abide by the Business Ethics of fair competition and honesty and credibility when registering enterprise names and engaging in market operations. As a competitor in the same industry, the later established enterprises should avoid the words in the registered trademarks of others or the enterprise font size with popularity of others, we should not deliberately adhere to the purpose of taking advantage of others' brand effect and business reputation to seek benefits for ourselves, but should uphold the awe of the law, abide by the competition principle stipulated by the law, operate in good faith, accumulate your own goodwill and build your own brand."
Information & articles
1. Schedule of the 12th th China International Trademark Brand Festival | Nanchang 12.4-12.7
"The times have given us new opportunities and responsibilities, and have further inspired us to base ourselves on the functions of the association, look around the world, do not forget your initiative mind, and continue to work hard for the trademark brand cause." The groom said, "the hero city of the world, gather the talents of the world". With the help of Nanchang's industrial advantages, location advantages and cultural advantages, China Trademark Association will strive to make this year's trademark brand festival a grand exchange event of communication, friendship enhancement and cooperation expansion; A splendid, an unforgettable interactive event; An international trademark brand event that promotes the development of trademark brands and benefits together.
2,Court Ban: The Switch game machine in your store cannot be sold for the time being!
Temporary prohibition of behavior preservation is a kind of litigation preservation. For the ongoing or upcoming infringement, before the court makes the final judgment, the parties may apply to the court to issue a court order temporarily prohibiting the parties from engaging in certain activities, to prevent or stop the occurrence of infringement.
China's copyright law, patent law and trademark law all stipulate the temporary prohibition system, but the application of the temporary prohibition must meet many legal requirements, and it is difficult to judge whether the infringement is established before the case enters the entity trial. Therefore, in practice, there are very few cases where temporary prohibitions are issued.
Recently, in response to the application of Tencent Technology Company, the intellectual property division of our hospital issued the first ban on behavior preservation, prohibiting the respondent from selling infringing products, which has typical demonstration significance.
Basic case: recently, Tencent technology company found that the "Nintendo Switch" game machine sold in an electronic game machine store was equipped with a device to crack the game operating system, directly load the files in the self-contained memory card to run the game without using the game card tape. Tencent Technology believes that the "Nintendo Switch" game machine equipped with cracking device is an infringing product.
In order to stop infringement and prevent further expansion of infringement consequences, Tencent technology company applied to our hospital for behavior preservation, requiring the respondent to stop selling non-genuine "Nintendo Switch" game machines in an electronic game machine store in Yuexiu district.
After receiving the above application, our hospital organizes the hearing of both parties in accordance with the law, fully listens to the opinions of all parties, and believes that the game machine products of "Nintendo Switch" have extremely high market awareness. If no behavior preservation measures are taken, ordering the respondent to stop selling infringing products immediately will lead to further spread of the scope of infringement, which is difficult to reverse and cause irreparable damage to the applicant Tencent technology company. And ordered the respondent to stop selling infringing products, which will not cause damage to the public interests, nor affect the legitimate rights and interests of the respondent.
To this end, our hospital issued a temporary ban on behavior preservation according to law, ruling that the Respondent immediately stopped selling infringing products, and the preservation period was until the effective date of the judgment.
After the temporary ban was issued, the infringement was stopped in time and good results were achieved. According to the information provided by Tencent Technology. The survey results show that the respondent has strictly implemented the ban and has stopped selling in the "Taobao" online store, which is a non-genuine "Nintendo Switch" game machine.
3,Chengdu Xinyuan filed a patent infringement lawsuit against maoruixin
The world's leading manufacturer of high-performance analog integrated circuits and mixed-signal integrated circuits-TCP/IP Power Systems Co., Ltd. (MPS) officially announced that, its wholly-owned subsidiary Chengdu Xinyuan System Co., Ltd. (hereinafter referred to as "Chengdu Xinyuan") has submitted a request to Chengdu Intermediate People's Court technology Co., Ltd. (hereinafter referred to as "maoruixin" or "Meraki") and its agents filed a number of patent infringement lawsuits.
Chengdu Xinyuan accuses maorui core and its agents of infringing their patent rights. Maorui core's synchronous rectifier products (including MK1808, MK91808, MK1718, ued, MK1708, MK1807, ued, MK1715, MK1716, MK17350, MK17360, MK91735, MK91736, MK91738, MK1705A, MK1706, MK1709, MK1719, etc.) are piracy of MPS patented products, infringing at least 5 Chinese invention patents of Chengdu core source, ZL201310471361.X, ZL201410026068.7 and ZL201710561412.6).
Chengdu Xinyuan requested the court to investigate the sales situation of maoruixin in China, and ordered maoruixin and its agents to stop manufacturing, selling and promising to sell infringing products, and destroy the inventory of infringing products and molds for manufacturing infringing products, and compensate for economic losses. Chengdu Xinyuan also applied to the court for property preservation, requesting the court to freeze the property of the bank account of maoruixin company, and to seal up and detain the wafer, chip and other property of maoruixin company.
4,Soil for automatic water production
Researchers at the University of Texas at Austin have invented a kind of soil for watering themselves. It automatically absorbs water from the air and distributes it to plants. This kind of soil may turn the previously unsuitable places into arable land and reduce agricultural irrigation water.
Specifically, a super hygroscopic gel similar to "super sponge" is added to the soil to capture water in the air. During the day, when the soil temperature rises, the gel releases water for plants to absorb; At night, when the soil temperature drops, the gel will absorb water from the air. This kind of soil can extract about 3-4 grams of water per gram.
Recently, the trademark office of the State Intellectual Property Office publicly released a monthly report on the trial of trademark review cases (No. 10, 2020).
It shows that during September 16 to October 15, 2020, after the review was rejected, more than 25% of the trademarks finally "" Preliminary Audited ".
More than 700 patents, more than 120 software copyrights, and 1 international nuclear power standard
, covering the whole life cycle of the early stage, design, equipment, construction and commissioning of the nuclear power plant, strongly supporting Hualong No. 1 batch construction and "going global". 7, Microsoft's new patent conference observation and calculation system can record and score meetings according to expressions and body language.
Microsoft, a technology giant, has applied for a patent. The patent content shows that the system can monitor the body language and facial expressions of employees in working meetings and score them comprehensively ".102
104A
Patent application number: 20200358627. Patent application: July 30, 2020. Made public on November 12, 2020.
The patent content shows that it can be deployed in real-world conferences or online virtual gatherings. It assumes that sensors are installed in the room to monitor conference participants, which may also cause privacy issues.
Patents show that these sensors can record body language and facial expressions of participants who are invited to actually attend the meeting. Employees' mobile devices can be used to monitor whether they are engaged in other tasks at the same time-such as texting or browsing the internet-and to check their schedules.
Microsoft said that all this information will be combined with other factors, such as "how efficient the meeting is, the emotions expressed by meeting participants, and the comfort of the meeting environment", form a "overall quality score".
The patent also shows that the technology can be used to identify problems that may make meetings ineffective. "Many organizations are troubled by long time, low attendance rate and repetitive meetings. If there is more information about the quality of meetings, these meetings can be modified and/or avoided.
8,Chinese physicists challenge Google's "quantum superiority"
A Chinese team announced that they clearly demonstrated "quantum superiority" for the first time-using the counterintuitive working principle of quantum mechanics to deal with extremely slow computing tasks on classical computers.
The team used laser beams to carry out a calculation that was mathematically proved unable to be processed by ordinary computers. The team completed the task in a few minutes, and the best supercomputer at present takes half the age of the Earth to complete. Contrary to the quantum superiority that Google demonstrated for the first time last year, their version is difficult for almost any classic computer to challenge. The results were published in Science in December 3. [1] .
This photon computer completed the calculation that ordinary supercomputers need 2.5 billion years to complete in 200 seconds. Source: Zhong Hansen.
"We have proved that photons, the basic unit of light, can be used to achieve quantum computing capabilities beyond classical computers." Pan Jianwei of China University of Science and Technology said. He said that the calculation they conducted was called Bose sampling problem, which was not only easy to demonstrate quantum superiority, but also had potential practical applications in graph theory, quantum chemistry and machine learning.
Ian Walmsley, a physicist at Imperial College London, said: "This is definitely an outstanding experiment and an important milestone."
9,The price of drugs is greatly reduced, will it be cheaper to see a doctor?
Recently, the prices of many domestic pharmaceutical consumables have dropped sharply, and the prices of some products have even dropped by more than 90%. For example, the previously very expensive heart stents have dropped from an average of 13,000 yuan to 700 yuan, the price reduction is beyond imagination. For a long time, the problem of expensive medical treatment for Chinese people has been difficult to solve. Now the price of medicine has dropped sharply, will Medical treatment become cheaper and cheaper?
The reason for the sharp drop in drug prices in China is mainly due to the collective procurement policy of drugs with volume launched by the state.Specifically, it is led by the state health insurance bureau to establish a procurement alliance to negotiate with pharmaceutical enterprises. The Procurement Alliance uses huge procurement volume as a bargaining chip, for example, 70% of the total annual drug consumption as the total procurement volume, in the way of "group buying", pharmaceutical enterprises were forced to cut their prices sharply.
10,Why do civil airliners rarely fly over the Himalayas?Falling 1000 meters, the Earth duang rushed up!
How many planes were flying in the sky at the moment on Earth? According to the statistics of 2017, there are more than 100,000 flights on the Earth every day just for civil aviation airliners. Roughly according to the average flight of two hours per flight, the number of civil aviation planes flying over the Earth at any time during the day should be more than 10,000.
Although there are so many planes flying, if you have a God's perspective and observe from space, you will find that there are basically no planes flying over several places on the Earth, for example, Antarctica and the Himalayas. Antarctica is relatively easy to understand. It is deserted and there is no point for planes to fly there. However, it is a little difficult to understand that there are no planes to fly in the Himalayas, although there are relatively few people there, however, the surrounding areas are extremely densely populated. Why don't the planes fly there to save flight time? Aren't civil aviation planes cruising at an altitude of about 10,000 meters?
This is not a technical reason. The Himalayas are about 2400 kilometers long from east to west, 200 to 300 kilometers wide from north to south, with an average altitude of over 6000 meters. The highest peak is Mount Qomolangma 8848 m, and there are more than 100 peaks over 7200 m, this means that planes cannot fly at a height below FL310 (1033323.00cm, 9400 M). Although this limits many planes, there are still many civil airliners that can fly above this height. For example, in China, there are a few airlines flying here.The main reason is still for security considerations.
A research team from San Francisco Estuary Institute (SFEI) squeezed on the overpass in a raincoat and was ready to welcome the waterfall. When cars carrying concert audiences rolled out of the stadium parking lot, researchers used sampling sticks to absorb more than 70 liters of water from the rainstorm below.
Later, the research team found an astonishing number of rubber-like black fragments in the sample. Over the past three years, when they tested the water from 12 rainwater outlets and sediments from 20 locations around the bay, they found many identical things. About 7.2 trillion synthetic particles are washed into San Francisco Bay every year, said Rebecca Sutton, SFEI's senior scientist and research director. "Almost half of these rainwater particles, so the proportion is really high. They are rubber particles. We think these particles mainly come from tires."
Friction between tires and the ground will produce toxic rubber particles, polluting the environment. The study found that in the United States, an ordinary car loses 5 kilograms of tire weight every year, which is about the weight of a cat.
The global threat posed by these tire fragments has just begun to receive attention. In 2017, the International Union for Conservation of Nature estimated that 28.3% of the micro plastics in the ocean came from tires. However, the actual number may be higher. A study published in July showed that a large number of tire fragments entered the ocean not only through rivers and waterways, but also through air.
12. One sentence message
Tianjin has enacted legislation to prohibit the collection of face recognition information. The 《 Tianjin Social Credit Regulations "Passed by vote on December 1, and shall come into force as of January 1, 2021.
Zhongzhi (Li) patent review Highway (PPH) pilot extension. Until December 31, 2023.
Tools & resources
1,WIPOAI tool brand graphic retrieval
The brand graphic retrieval technology uses artificial intelligence, which is convenient for users to improve the identification degree of trademarks in designated markets faster and easier, reduce the review content and save labor costs. It is especially suitable for trademark examiners, lawyers and paralegals, insiders and researchers.
Brand graphic search has been fully integrated into the search engine of the global brand database, providing the latest graphic classification and approximate trademark search for free use by all users.
01
Enter a graphical description, such as Lake ";
02
100 best inventions in 2020
The 100 best inventions selected by Time magazine this year.Helper
&
Intellectual property MuseumRecommendation | Patent realization: 2 hours proficient in high-tech identification and intellectual property compliancePublished: July 01, 2020
Win New Enterprise Zhilong + women R property rights Lei Si teaching group Focus on the hero, check the first health car of the enterprise Festival
A book explains the operation manual of high-tech enterprise identification + intellectual property compliance
Beijing senior intellectual property lawyer Zhu Jian teach you how to easily handle high-tech identification and quality control
Comprehensively introduce the practical experience of patent realization in typical enterprises at home and abroad
Systematically sort out the methods and operation procedures, typical strategies and means, precautions, etc. of patent realization
Description:
Many enterprises have applied for patents, but they cannot be realized, and the input-output ratio is very unreasonable. As a senior patent lawyer, the author recommends two ways to realize patent realization: high-tech identification and intellectual property compliance. Through these two ways of realization, enterprises can achieve the goal of reducing tax burden by at least 40%, and can obtain high subsidies from governments at all levels. At the same time, they can borrow, buy land, go public, get Green channels in financing and other aspects. In addition, enterprises can also promote the benign layout of patents in turn through these two ways of realization.
Font (Vacancy)
Figure (Vacancy)
Picture
1. Faroe Islands undersea tunnel
The picture above shows the world's first submarine traffic roundabout, with three tunnels leading to three islands. . The three undersea tunnels are 11.24 kilometers (6.8 miles) in total, including an underwater roundabout. The construction cost is estimated to be about 1 billion Danish kronor and will be opened to traffic in December 2020. The tunnel will be opened to traffic on December 2020.
Comments from netizens: in an archipelago with a population of only 40,000 ( Faroe Islands is a Nordic country Denmark Overseas autonomous territories ) I was surprised to see so many tunnels.
2,Which one do you like best on the cover of the "nature" series of periodicals in November?
Nature-machine intelligence
November 2020 2nd volume 11th period
Cover Picture: Aslan Miriyev, Mirko Kova/Empa; Imperial College London
Cover design: Karen Moore
Manufacturing Artificial Intelligence
Artificial intelligence can be embodied in both tangible and intangible forms. Miriyev and Kova introduced the concept of tangible artificial intelligence, reflecting the trend of manufacturing physical systems in the field of robots.
Abstract
1,Conditions for copyright protection of practical artworks
Text/East China University of Political Science and Law Yang Fuyu
[Referee's gist] under the condition that patent law has provided patent protection for appearance design patents, if practical works of art are to constitute three-dimensional works of art to be protected, they should reach a higher level of artistic creation. Art works protect the artistic modeling with aesthetic significance which is composed of lines, colors and so on. According to whether the behavior of making three-dimensional objects in graphic art works constitutes the replication from plane to three-dimensional, it depends on whether the three-dimensional object itself constitutes a work. Graphic works protect the scientific aesthetic feeling of graphics itself, rather than the specific product objects and their practical functions drawn in graphics. Graphic works do not have replication from plane to stereo.
[Case No.] first instance:(2017) Shanghai 0115 Minchu No. 32234/second instance:(2018) Shanghai 73 Minzhong No. 452
【Key merits]]
Plaintiff: Fanhua furniture (Shanghai) Co., Ltd. (hereinafter referred to as Fanhua company).
Defendants: Shanghai Meixuan Industrial Co., Ltd. (hereinafter referred to as Meixuan company) and Shanghai Qixuan Industrial Co., Ltd. (hereinafter referred to as Qixuan company).
The 15 pieces of furniture involved in the case were designed by Spanish designers, and Fanhua company was authorized by the designer's company to obtain the exclusive copyright license right of the 15 pieces of furniture involved in the case. The plaintiff claimed that 15 pieces of furniture modeling involved constituted art works, 15 pieces of furniture design drawings constituted art works, and the decomposed design drawings constituted graphic works. The 15 pieces of furniture displayed by the defendant in its display center have the same appearance as the furniture of the plaintiff. The plaintiff believed that the defendant's above behavior violated his copyright of 15 pieces of furniture and drawings.
The modeling of 15 pieces of furniture involved in the case are: the main part of the FRACTAL series dining table, tea table and porch cabinet has irregular modeling of polygonal block surface folding and stitching, and the crack modeling similar to the Valley shape in the middle of the table, the PLEC dining table has a wing base shape similar to the unfolded wings formed by splicing irregular triangular blocks, and there is a rose-like opening shape on the GEODA porch cabinet. The uniqueness of the other 10 pieces of furniture is mainly reflected in: ARANYA Series 5 pieces of furniture support legs or borders have Triangle folding stitching shape, CHRYSLER table base has pleated V shape, the circle tea table has a combination of three round table tops, and the MESTRAL and CALDEA sofas have irregular geometric block shapes on the armrest and backrest, the unique feature of PRESO sofa is that the plane of the back is made into a stainless steel mirror.
15 furniture design drawings involved include renderings and decomposition design drawings. The renderings involved in the case draw the overall shape of the furniture with lines, colors, etc.; The decomposition design drawings involved in the case are drawn for the production of furniture by points, lines, the concrete construction drawing composed of surface and various geometric figures shows the position arrangement relationship of each geometric surface and marks the specific size and number. During the trial, the defendant did not provide the design drawings of furniture accused of infringement.
The Court of First Instance held that 5 of the 15 pieces of furniture involved, including FRACTAL series dining tables, tea tables, porch cabinets, PLEC dining tables and GEODA porch cabinets, could be protected by copyright law as art works, the other 10 pieces of furniture modeling haven't reached a high level of artistic creation, so they can't be protected by copyright law as art works. At the same time, the Court of First Instance held that the plaintiff did not provide sufficient evidence to prove that the defendant had access to the design drawings of the plaintiff, so it did not support the plaintiff's claim that the defendant infringed the copyright of the design drawings. The Court of First Instance ruled that Meixuan company and Qixuan company immediately stopped infringing Fanhua company's right of reproduction and distribution of the five works involved from the effective date of the judgment, jointly compensate Fanhua company for economic losses of 200,000 yuan and reasonable expenses of 41,000 yuan.
After the sentence was pronounced, both parties appealed. The main appeal reasons of Fanhua company are: 1. The other 10 pieces of furniture have a high artistic creation height and should be protected as art works; 2. The defendant violated the plaintiff's copyright of his design drawings. The real furniture produced by the defendant itself constitutes a copy of the design drawing from plane to three-dimensional, and the existing evidence is enough to prove that the defendant has a copy of the design drawing from plane to plane to the plaintiff.
After trial, the court of second instance held that: first of all, whether the furniture modeling involved constitutes an art work. In this case, the FRACTAL dining table, tea table and hallway cabinet advocated by Fanhua company have unique design, which makes the above furniture have different shapes from ordinary dining table, tea table and hallway cabinet on the whole, it has a high artistic beauty and can be protected as an artistic work. On the contrary, although the other 10 pieces of furniture have certain uniqueness, they are not enough to meet the requirements of higher artistic creation height, so it is difficult to identify the composition of art works. Secondly, the problem of drawing infringement advocated by Fanhua company. On the one hand, art works protect the artistic modeling with aesthetic significance which is composed of lines, colors, etc, whether the behavior of making three-dimensional objects according to graphic art works constitutes the reproduction from plane to stereo depends on whether the three-dimensional objects themselves constitute works. In this case, for the five pieces of furniture that make up the art works, the effect drawing and the three-dimensional art works are actually different forms of expression of the same work, five furniture products accused of infringement infringed the copyright of the art work. For the other 10 pieces of furniture that do not constitute art works, since the stereoscopic object itself is not a work, the behavior of making the stereoscopic object according to the effect drawing does not constitute the reproduction of the effect drawing from plane to stereo. On the other hand, the graphic works protect the scientific beauty of the graphics itself, rather than the specific product objects and their practical functions drawn in the graphics, and the graphic works do not have replication from plane to stereo. For the physical objects with simple appearance and modeling, even if there is no decomposition design drawing, the physical objects with basically the same appearance can be produced. Therefore, it is difficult to estimate that the decomposition design drawings of the two objects are the same only according to the similarities or approximations of the physical objects themselves. The court of second instance rejected the appeal and upheld the original judgment.
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-2020年11月30日,习近平在中央政治局第二十五届集体研究会上发表重要讲话。
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