Intellectual Property Newsletter by MeritsIP, August 05, 2025
Editor’s Note: Intellectual Property Highlights and Strategies for Innovation
Welcome to the MeritsIP Newsletter. We delve into critical updates in the intellectual property landscape, providing insights and strategies to help you navigate the ever-evolving world of patents, trademarks, and copyrights. Read on to stay informed and ahead in the game of innovation.
Guangdong Shenzhen Builds a Patent Query Platform for the Semiconductor Industry
Recently, the Nanshan Regulatory Bureau of the Shenzhen Market Supervision and Administration Bureau held the 7th “Nanshan Intellectual Property Exchange” and launched the Shenzhen Semiconductor Industry Patent Navigation Query Platform. On that day, relevant personnel issued appointment certificates to the 4th “Nanshan Intellectual Property Volunteers” service – team members and presented honorary awards to outstanding previous – year volunteers. Then, the Nanshan Market Supervision and Administration Bureau, the Shenzhen Semiconductor Industry Association and its member – unit representatives jointly launched the platform. It targets innovation entities in semiconductor industry chain enterprises, providing global patent retrieval, industrial thematic databases, and school – enterprise technology supply – demand matching services. This helps these entities optimize patent layouts, cut R & D costs and boost R & D efficiency.
Anhui’s High – value Invention Patents per 10,000 Population Exceed 12
On August 3rd, the Anhui Market Supervision Administration reported that by the end of June this year, the number of high – value invention patents per 10,000 population in Anhui reached 12.56, achieving the 14th Five – Year Plan goal ahead of schedule. The increase from less than 5 at the start of the plan shows Anhui’s enhanced innovation ability. Anhui has implemented high – value patent cultivation projects on key technologies in traditional and emerging industries. Nearly 42,000 high – value invention patents are in strategic emerging industries. The province has visited enterprises, universities, and research institutions, released 1009 patent open – licensing statements, and carried out special law – enforcement actions. As of June, Anhui’s valid invention patents exceeded 200,000, ranking 7th in the country. The number of invention patents per 10,000 population reached 33.3, and high – value invention patents were 2.5 times that at the start of the 14th Five – Year Plan, showing strong innovation momentum.
“Xingmao” Riding on “Luckin”‘s Coattails? The Court Has Ruled!
The Guangdong Higher People’s Court released a batch of typical IP punitive – compensation cases. A trademark infringement and unfair – competition case between Luckin Coffee and Re某 Company, concluded by the Futian Court, caught attention. The court found Re某 Company’s prominent use of “Xingmao Coffee” marks similar to Luckin’s registered trademarks, with obvious malicious intent and serious circumstances. Applying punitive compensation and the evidentiary – obstruction rule, the court calculated the infringement profit based on brand usage fees. Re某 Company was ordered to stop the infringement and compensate Luckin 5 million yuan.
Luckin Coffee has risen rapidly since 2017. Re某 Company, established in 2020, registered the “Xingmao Coffee” word mark but faced issues with other related trademark applications. Luckin claimed Re某’s actions infringed its trademark rights and constituted unfair competition, while Re某 argued it had legal trademark rights. The court compared the trademarks and usage scenarios, deeming the infringing marks similar to Luckin’s. It did not support the unfair – competition claim as the protected parts were registered trademarks. With Re某’s obvious malicious intent, the court applied 2 – fold punitive compensation, highlighting the judicial stance on malicious infringement.
Hebei Issues First Notarized Storage Certificate for Data Intellectual Property
On July 28, Hebei Beiming Xingyun Internet Technology Co., Ltd. obtained the province’s first notarized storage certificate for data intellectual property at a Hebei notary office. This is an innovative measure by local market regulatory and judicial departments to protect data assets via the notary service platform. It aims to create a new service model for enterprises, offer solutions for digital asset protection, and provide legal support for innovative firms. The dataset covered by the certificate can be applied in multiple fields. With real – time energy consumption analysis technology, it can help with energy – saving, enhance equipment stability, and contribute to the “dual – carbon” goals. An official said they will further promote data intellectual property – related work and integrate data elements with intellectual property for high – quality development.
“Deep Dive into the ‘The Rings of Time’ Incident: Who Defines the ‘Original Singer’?”
A dispute over the “original singer” of “The Rings of Time” has arisen. On July 25, Zhang Bichen’s studio claimed she was the “sole original singer” with permanent “singing rights” but would stop performing it. Meanwhile, songwriter and singer Wang Sulong’s team said it was a “dual original singer” work and revoked the authorization.
The controversy was triggered by an internet celebrity’s claim that Zhang was the only original singer, sparking a fan outcry. Wang’s studio issued a lawyer’s statement, and his lawyer stated that both have performer rights, and “original singer” isn’t an exclusive term. QQ Music and NetEase Cloud Music label both versions as “original.”
As copyright law doesn’t define “original singer,” it only gives performers the right to “indicate their identity.” Experts propose that contracts should clarify a singer’s status and singing rights; otherwise, it’s a general license.
The battle for the “sole original singer” title involves multiple stakeholders. To minimize disputes, clear contracts, industry standards, and compliance with the Civil Code are essential. Parties should consult lawyers when signing contracts, and the music industry should develop standardized contracts. A comprehensive approach is needed to protect rights and promote the industry’s healthy development.
Overseas Warning | Risk Warning for Frequent Plaintiff Televo LLC in Overseas Patent Disputes
Recently, the Shenzhen Intellectual Property Protection Center detected a U.S. patent dispute case filed by Televo LLC. Televo has frequently sued Shenzhen enterprises in recent years. On July 17, 2025 (U.S. time), it sued a Shenzhen – listed company in the Eastern District of Texas Federal District Court, with the case in the service process. The lawsuit involves U.S. Patent No. 8,521,927. Televo is registered in the U.S., claiming to be the assignee of the involved patent, but no transfer record was found, and it’s suspected to be a Non – Practicing Entity. Since 2025, Televo has filed 6 infringement lawsuits presided over by Judge James Rodney Gilstrap, mainly targeting the ‘927 patent’ and enterprises in electronic or IT industries. The Shenzhen center issued this warning for local enterprises to prevent disputes.
Morning News Summary
This newsletter presents a range of intellectual – property and business news. Lafang’s hair mask ad may cause unfair competition against Pantene. Weichai Power has a trademark infringement lawsuit on August 13 and a history of trademark – related lawsuits. Hichen Energy, an energy – storage battery maker, confronts market and litigation risks before its Hong Kong IPO due to a former executive’s arrest for commercial secret infringement, a major customer’s bankruptcy, and a lawsuit from CATL. The National Copyright Administration released the top ten anti – piracy cases in 2024. Xiaomi Auto announced a commuting reminder patent. Xi’an introduced IP development and protection incentives, while Shanghai launched an innovative IP service trust model and a clinical transformation seed investment fund. The China Futures Association is seeking opinions on rules to prevent unfair competition in futures brokerage to regulate the market and safeguard traders’ rights.
Determination of the Alleged Infringing Technical Solution
This case involves an invention patent infringement dispute. Finland’s A Company, holding the patent for a “screening, crushing, or mixing bucket,” sued Anhui M Engineering Machinery Co., Ltd. and its legal representative Liu, alleging patent infringement and seeking 1 million yuan in compensation with joint liability from Liu. M argued the alleged infringing solution was outside the patent’s scope, and Liu denied joint – infringement liability.
The court noted that the evidence – preserved product lacked a mudguard compared to exhibition photos. But it ruled that the alleged solution included all patent – claimed features as the cover plate could act as a mudguard, the shell had reserved screw holes, and the final product in brochures and exhibitions had a mudguard.
The court found M’s actions to be patent infringement. Considering sales volume, profit margins, and the patent’s contribution to product value, it ordered M to halt production, sales, and offers to sell infringing products, and pay A 551,250 yuan in economic losses and 100,000 yuan in reasonable expenses. The court rejected A’s claim for Liu to bear joint liability.
《专利分类分级管理指南》地方标准全文发布
On August 4, 2025, the full – text of the local standard “Guidelines for Patent Classification and Grading Management” was officially released. Proposed by the Hebei Provincial Market Supervision Administration and led by Hebei University of Science and Technology and others, it meets the actual needs of patent management in Hebei’s universities and research institutions. It offers operational guidelines for patent classification and grading, filling a standard gap in the province’s patent management. Its release is significant for revitalizing existing patents, improving IP management, and promoting tech achievements transformation and high – quality IP development. It also implements the State Council’s special action plan on patent transformation and utilization.
Hohhot Intermediate People’s Court: Severe Punishment for Trademark “Free – Riding”, “Minianxue” Apologizes and Pays 800,000 Yuan for Infringing on “Mixue Bingcheng”
The Hohhot Intermediate People’s Court punished the act of “free – riding” on trademarks. In a lawsuit of trademark infringement and unfair competition, the court found that “Mixue Bingcheng” and “Mixue” are distinctive and popular coined words. The “Minianxue” logo is similar to Mixue Bingcheng’s trademarks, and some franchise stores’ use of similar colors and decoration styles led to confusion, constituting unfair competition. The first – instance court ordered the defendant to stop the infringement, pay 800,000 yuan in economic compensation and 140,000 yuan in reasonable expenses, and eliminate the impact through an announcement in the Inner Mongolia Business Daily. The defendant appealed, but the Inner Mongolia High – level People’s Court upheld the original judgment.
USPTO returning to in-person PTAB hearings
The U.S. Patent and Trademark Office (USPTO) announced that from September 1, 2025, all Patent Trial and Appeal Board (PTAB) hearings will be in-person. Parties must appear in person unless they have valid reasons like financial hardship or medical emergencies. Approval for one party to appear virtually doesn’t apply to others in the same case. Hearings will be at USPTO offices, and parties can request a specific location. The public can attend remotely. To access a hearing, submit a request to PTABHearings@uspto.gov at least three business days in advance. For more info, visit the PTAB hearings page on the USPTO website, contact the email, or call 571 – 272 – 9797.
Source: True
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