Intellectual Property Newsletter by MeritsIP, August 08, 2025

Intellectual Property Newsletter by MeritsIP, August 08, 2025

August 8, 2025 global, meritsip 0 Comments

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.

Heilongjiang Harbin Releases Second Batch of Typical Cases of Patent Transformation and Utilization

The Harbin Market Supervision Administration has promoted a special action on patent transformation and utilization to tackle difficulties and enhance efficiency. It releases typical cases in batches to summarize and popularize effective practices.

Harbin Engineering University addressed polypropylene honeycomb material pain – points via industry – academia – research cooperation, forming a high – value patent group. Using a “patent transfer + shareholding” model, it set a new example for university patent industrialization.

Harbin Longke Patent Agency Co., Ltd. promoted the transfer of “composite solid electrolyte patents and proprietary technologies” from Harbin Institute of Technology. It provided services like technical evaluation and commercialization support, completing over 10 patent technology achievements transformations, reducing risks and spurring economic development.

Heilongjiang Jingfei Technology Co., Ltd. cooperated with Northeast Forestry University to transform the university’s forest carbon sink measurement technology patent, expanding business and generating economic benefits. Its “local university support + enterprise market transformation” model offers experience for technology transformation.

ReelShort Faces Successive Infringement Allegations: How Can Short Dramas Avoid Copyright Risks When Going Global?

ReelShort, a leading global short – drama platform, has been accused of “one – to – one plagiarism” by domestic peers. Beijing Dianzhong KuaiKan Technology and Shanghai Tinghuadao Culture Media issued rights – protection statements, claiming ReelShort, under Crazy Maple Studio, allegedly plagiarized their works.

The judgment standard for short – drama infringement is “access + substantial similarity”. In recent years, with the soaring number of short dramas at home and abroad, copyright protection issues have become prominent due to industry expansion, lack of compliance awareness and mechanisms, and growing overseas demand.

Short – drama platforms should abandon “plagiarism for quick success” thinking, strengthen self – protection, and establish monitoring mechanisms. Domestic original creators can send infringement notices, fix evidence, register works, or form litigation alliances. The National Copyright Administration has acted in the “Sword Net 2025” campaign. Only through joint efforts can a fair – competition market and full – chain copyright protection system be built for the industry’s healthy development.

Mastermind in Counterfeit Pop Mart Figurine Case Sentenced to 4 Years in Prison

Recently, the Beijing Chaoyang District People’s Court concluded a copyright infringement case. The defendant, Zhu, commissioned a factory to make counterfeit Pop Mart products and resold them to live – streamers. He was sentenced to 4 years in prison and fined 600,000 yuan.

From July 2023 to January 2024, Zhu spent over 600,000 yuan on counterfeits. Police seized over 80,000 fake items worth about 400,000 yuan. His total sales exceeded 1 million yuan. He was arrested in December 2023 and charged in May 2025.

Zhu pleaded guilty in court, and his family returned 120,000 yuan of illegal earnings. The court considered his confession, clean record, and partial return and gave a lighter sentence. Other involved parties were convicted separately. Experts said the judgment shows China’s commitment to IP protection, and the judge noted an integrated crackdown on counterfeiting.

Disposal of Administrative Disputes over Invalidity of the Same Patent Right after the Patent Right is Declared Invalid

The Supreme People’s Court Intellectual Property Tribunal recently concluded an appeal case on utility model patent invalidation. It stated that in patent invalidation administrative disputes, if evidence shows the same patent in the reviewed decision has been declared invalid in another procedure and the invalid status is confirmed, the reviewed decision should be revoked as the object no longer exists.

In a case, two companies successively asked to invalidate a claim of a utility model patent of Wuxi XX Ceramic Electrical Appliance Co., Ltd. The claim was not invalidated when the second company filed the request. But during the second – instance trial, the CNIPA declared the whole patent invalid based on a previous judgment, and the invalid status was confirmed. So, the reviewed decision and the first – instance judgment were revoked.

The second – instance judgment clarifies the handling of such disputes after patent invalidation, ensuring law – application unity and predictability, improving judicial efficiency, reducing parties’ burden, and avoiding repeated reviews.

New Edition of Standard Entrustment Contract Released with Added IP Ownership and Confidentiality Clauses

Recently, the State Administration for Market Regulation (SAMR) released a new edition of the Standard Entrustment Contract (GF—2025—1001). This revision implements relevant Civil Code regulations and guides fair and orderly entrusted activities. To tackle problems like information asymmetry and power abuse, the SAMR revised the 2000 – version. The new contract adds usage instructions, clarifies application scope, explains terms, and notes signing matters. It refines clauses on entrusted matters, work requirements, and acceptance criteria. New clauses on intellectual property ownership and confidentiality are included to protect both parties’ rights and reduce disputes. It standardizes transactions, clarifies rights and obligations, improving efficiency, reducing risks, and promoting harmony. The public can freely download it from the national contract model text library on the SAMR’s official website, and the previous version is invalid.

Copyright | Lucheng District Court: Innovatively Applying the “Dual-track” Compensation System, Qidian.com Successfully Defends Its Rights

In a lawsuit by Shanghai Xuanting Entertainment Information Technology Co., Ltd. against Ye Mou1, Wenzhou Moumou Store, Lu Moumou, and Ye Mou2 for infringing the information network dissemination right of its works, the Lucheng District Court in Wenzhou, Zhejiang applied the “dual-track” compensation system. Due to the defendants’ subjective intent to infringe and serious circumstances, punitive compensation was applicable. For chapters with viewership data, considering Qidian.com’s profit – making model, the subscription price and number of subscriptions of the infringing content were used as a direct reference for the plaintiff’s losses, with a 2 – fold punitive compensation multiplier. For chapters without viewership data, statutory compensation was applied. The court ordered the defendants to compensate the plaintiff 91,428 yuan in economic losses and 12,474.52 yuan in reasonable rights – protection expenses. The case number is (2025) Zhe 0302 Min Chu No. 1029, and the judgment was made on July 9, 2025.

Henan’s Hebi Market Regulatory Bureau Launches Special Campaign Against Malicious Trademark “Three – Year Non – Use Cancellations”

The Mountain City Branch of the Hebi Market Supervision and Administration Bureau in Henan Province has launched a special campaign against malicious trademark “three – year non – use cancellations” to regulate trademark registration, curb disruptions to business entities, and optimize the intellectual property business environment. Law enforcement officers inspected local trademark agencies, checking qualifications, materials, and looking for various malicious practices. They also promoted relevant laws and urged agencies to improve compliance. So far, no illegal clues have been found. In the next step, the bureau will strengthen supervision, improve complaint channels, and encourage public participation to create a good atmosphere for intellectual property protection.

Qinghai Xining: Trademark Brand Building Infuses New Impetus into High – quality Development

On August 6, the Xining Market Supervision and Administration Bureau reported that since June, it has focused on trademark registration and geographical indication exploration to promote trademark brand building for the city’s high – quality economic development. In trademark registration, it targeted key fields, cultivated trademarks, popularized knowledge, and offered “one – to – one” services. For geographical indication exploration, it sorted intangible cultural heritage resources and guided applications. 8 protected products like Huangzhong oats and Datong broad beans were successfully applied for. The bureau also jointly trained 1200 market entity personnel and 60 regulatory personnel with 23 brand guidance stations. Xining will keep innovating, increasing cultivation and publicity, and leveraging brand guidance stations to help “Made in Xining” expand to wider markets and drive economic development.

Hubei Jingzhou Implements Convenient Measures for Trademark Pledge Registration to Further Optimize the Business Environment

Recently, Jingzhou Market Supervision Administration (Intellectual Property Office) handled trademark pledge registration for 4 trademarks of Jingzhou Tech Sports Goods Co., Ltd., helping it get a 3 – million – yuan credit line. The company and the bank sent a thank – you banner.

Previously, trademark pledge financing was complex. In February 2023, the administration integrated Party building with business, coordinated with banks, and introduced the “Jingzhou Model” with “three no – requirements” and “one – day completion”.

In the past two years, 44 cases of trademark pledge financing have been handled, involving 42 enterprises with a total credit of 508.9 million yuan. Many food enterprises were among the first to use this service. Jingzhou’s intellectual property and financial departments cooperate regularly, establishing a double – push mechanism for the “white list” of intellectual property pledge financing.

The “three no – requirements” measure is well – received. It solves enterprises’ capital turnover problems, boosts banks’ credit business, improves public service efficiency for intellectual property, and optimizes the business environment, achieving a win – win for all.

Trademark Office: New Trademark Online Application System to First Connect to Unified Identity Authentication System

Recently, the Trademark Office of the China National Intellectual Property Administration (CNIPA) issued a notice on improving user information in the trademark online application system. To enhance examination quality and efficiency and offer convenient services, the CNIPA is optimizing the trademark online service system. After the transformation, each subsystem will gradually connect to the unified identity authentication system of the National Intellectual Property Public Service Platform for unified user management and authentication, with the new trademark online application system being the first.

The notice covers user information improvement requirements, login/registration methods, operation guidelines, and consultation channels. Registered users must log in to the unified system to improve information, and legal entity and trademark agency users need to complete agent association. Users registered before August 1, 2025, can use original accounts and passwords, while later – registered users should first register on the unified system and then complete account association after the new system launch. Each user can associate only one historical account. The new system is not launched yet, and users can handle trademark business via the unified system after its launch.

Korea Intellectual Property Office Plans to Revise AI Patent Examination Standards

On July 22, 2025, the Korea Intellectual Property Office (KIPO) launched a consultation meeting to revise AI patent examination standards. First established in 2020 and revised twice later, the existing standards can’t keep up with new AI technologies and expanding applications. KIPO formed an 18 – expert consultation group including those from enterprises, academia, and research institutions to incorporate industrial opinions. It plans to finish the draft revision by September and finalize the standard in October. At the first meeting, experts discussed AI patent trends, key cases, and revision directions, and had a free – discussion on applicants’ difficulties. KIPO aims to adapt the intellectual property system to support AI development and enhance Korean enterprises’ AI patent competitiveness.

LexisNexis Explores How Chinese Patents Are Reshaping the Global Innovation Landscape

On July 18, 2025, LexisNexis released a report on China’s patent development. It shows that China leads the world in patent publications, with global patent activities growing strongly in the past 20 years. China and South Korea contributed significantly. China’s innovation policies from 2008 – 2010, including reforms, incentives, and R & D investment, led to a patent boom. China’s share of global patent publications rose from 45% in 2014 to 73% in 2024, while that of Japan and the US declined. Chinese patent applications are geographically concentrated, with 96% of Chinese – inventor – originated patents not seeking overseas protection in 2024. There are also differences in patent layouts. In 2024, 33% of Chinese – originated patents were in the IT field, higher than the global average, and China had lower proportions in healthcare, transportation, and basic physics compared to non – Chinese regions.

Latest Ruling: Deletion of Related Claim in US Patent Examination Can Trigger Estoppel Doctrine

In the Colibri Heart Valve LLC v. Medtronic CoreValve LLC case (Case No. 23 – 2153), the US Court of Appeals for the Federal Circuit reversed the jury’s infringement verdict. Colibri sued Medtronic for patent infringement of an artificial heart – valve implantation method. The district court let the jury consider Colibri’s claim under the doctrine of equivalents, and the jury favored Colibri, but Medtronic appealed. The Federal Circuit vacated the original judgment. During the patent examination, Colibri voluntarily deleted a claim about “retracting the movable sheath”. The involved claim, though worded differently, had a similar technical concept. The court held that a skilled person could recognize the equivalence of the two technologies. Citing the 2002 Festo v. Shoketsu decision, the Federal Circuit stated that the prosecution history estoppel doctrine applies to claim deletion. The deletion of a claim narrowed the protection scope of the remaining claims, triggering the estoppel doctrine. So, the Federal Circuit reversed the district court’s ruling on non – infringement judgment.

Overseas News | Federal Circuit Rules: Prosecution History Disclaimer Applies to Design Patents

The US Federal Circuit recently ruled that the “prosecution history disclaimer” applies to design patents for the first time. In the case of Top Brand v. Cozy Comfort, both selling oversized hooded sweatshirts, Cozy Comfort accused Top Brand of patent infringement. Top Brand filed for non – infringement and patent invalidation, while Cozy Comfort counter – sued. During patent examination, Cozy Comfort emphasized certain features to distinguish the patent. Top Brand argued these statements led to waiver of rights, and the accused products were within the waived scope. The district court ignored this and the jury found infringement. On appeal, Top Brand claimed the district court wrongly ignored the prosecution history disclaimer, and Cozy Comfort argued it didn’t apply to design patents. The Federal Circuit ruled that the prosecution history disclaimer does apply to design patents, reversed the original judgment, and remanded the case for retrial.

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