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.

DeepSeek – A New AI Assistant for IP Professionals

In the rapidly evolving field of intellectual property, the advent of artificial intelligence has introduced a new era of efficiency and innovation. DeepSeek, a cutting-edge AI tool developed by a Chinese startup, is poised to revolutionize the way IP professionals work. With its robust reasoning capabilities and versatile application across multiple scenarios, DeepSeek is set to become an indispensable ally for those navigating the complex landscape of intellectual property. Available on web, mobile app, API platform, and private deployment options, DeepSeek’s user-friendly interface and core functionalities such as text generation and analysis, file processing, and code generation are transforming the way IP owners draft patents, analyze cases, and extract crucial document information. It even extends its support to the development of IP management systems. To enhance the user experience, DeepSeek advocates for natural language queries and suggests optimizing responses by adding key information and refining output formats. For instance, when analyzing patent infringement, including technical details can lead to more precise analytical outcomes. With its efficient and adaptable nature, DeepSeek is propelling IP work into a new era of intelligent operation.

New Regulations Standardize Patent Pre-Examination and Filing Conditions

In a bid to elevate the quality and innovation of patent applications, several intellectual property protection centers have recently rolled out new regulations that standardize the conditions for patent pre-examination and filing. These regulations mandate that entities applying for patent pre-examination and filing must hold at least one valid invention patent as the first applicant. For smaller entities or those with lower R & D investments, proof of actual R & D capabilities is required. Applicants must also demonstrate a solid foundation in IP work, a compliance record free of violations, and a well-established IP management system. The filing process encompasses application submission, preliminary examination acceptance, pre-examination review, and entry into the fast-track channel. The aim of these new regulations is to curb abnormal patent application behaviors and ensure that applicants possess the necessary R & D and innovation capabilities, while also providing a more efficient patent application pathway for eligible enterprises.

Adjustments to Patent Application Prioritized Examination Review Rules

In line with the latest work specifications from the Patent Office of the China National Intellectual Property Administration (CNIPA), adjustments have been made to the prioritized examination recommendation review process. For patent applications that fall under the “national key development industries” as outlined in Article 3, Paragraph 1 of the “Administrative Measures for Patent Prioritized Examination”, applicants must submit the most recent version of the “Declaration and Supporting Documents for All Applicants”. Applicants are required to ensure that the main classification number of their patent application aligns with the “Strategic Emerging Industries Classification and International Patent Classification Reference Relationship Table (2021)”, “Green Technology Patent Classification System”, “Key Digital Technology Patent Classification System (2023)”, or the “New Three Related Technology Patent Classification System (2024)”. Applicants must also provide a screenshot of the relevant main classification number and keyword page, with keywords highlighted in different colors. These adjustments are designed to streamline the review process, enhance examination efficiency, and expedite the acquisition of intellectual property protection for innovative entities.

OPPO’s Strong Action Against Counterfeit Infringements

OPPO’s Legal Department has reported a significant victory in the fight against trademark infringement, with a recent case resulting in a 2.6-million-yuan compensation award. The company has been proactive in combating counterfeit activities, which not only infringe on their intellectual property rights but also deceive consumers with fake products. OPPO has successfully removed malicious trademark squatters such as “UPPO”, “oddo”, “Oubu”, “bodo”, and “oppmcom” through trademark objections and invalidation procedures. The company has issued a stern statement, declaring its commitment to strengthening efforts against infringement, leveraging a big data monitoring system and a multi-dimensional legal approach to defend its brand rights and protect consumers from counterfeit products, thereby fostering a healthy and orderly market environment.

Ethereum’s Beam Chain to Be Renamed Due to Trademark Issues

Ethereum core developer Justin Drake has announced that Beam Chain will undergo a name change due to trademark disputes. Despite this setback, the project has made significant progress, with 14 consensus layer teams now involved, covering all continents except Antarctica, and development languages including Zig, C, C++, and C#. The project, which aims to revolutionize Ethereum’s L1 infrastructure, will hold its second community meeting on February 28th, focusing on technological advancements such as post-quantum signatures. This multi-year initiative is a testament to the ongoing innovation within the Ethereum ecosystem.

TCL Zhonghuan Acquires Subsidiary and Trademarks of MAXN

TCL Zhonghuan has signed a formal purchase agreement to acquire 100% of the equity of MAXN’s non-U.S. sales subsidiaries and related trademark rights for a total transaction value of $35.69 million. This strategic move is expected to broaden the company’s overseas sales channels and enhance its product’s international influence, aligning with its global strategic layout. The acquisition will be funded by the company’s own funds, and it is anticipated to further bolster TCL Zhonghuan’s competitiveness and industry influence. In the first three quarters of 2024, TCL Zhonghuan achieved a revenue of 22.582 billion yuan, with a net profit attributable to the parent company of – 6.061 billion yuan.

Eurasian Patent Prosecution Highway (EA-PPH) Officially Launched

The Eurasian Patent Prosecution Highway (EA-PPH) officially commenced on January 1, 2025, covering the Eurasian Patent Office (EAPO) and its member states Azerbaijan, Belarus, the Russian Federation, and Tajikistan. The program aims to expedite the patent examination process and reduce costs for applicants and patent offices by sharing patent examination results. Based on the Patent Cooperation Treaty (PCT) process, the EA-PPH allows EAPO and member patent offices to expedite examinations based on each other’s affirmative patentability reports. This not only enhances examination efficiency but also promotes the exchange of best examination practices within the region.

Tech Giants Urge EU to Review Italy’s “Piracy Shield” Measure

The Computer and Communications Industry Association (CCIA), representing tech giants such as Amazon, Google, and Cloudflare, has written to the European Union Commission urging intervention in Italy’s “Piracy Shield” anti – piracy measures. The system, launched in early 2024, has effectively blocked a significant amount of pirated content but has also mistakenly blocked legitimate websites and services due to its broad permissions. On October 20, 2024, Google Drive was incorrectly blocked, leaving Italian users inaccessible for up to three hours, with some still affected 12 hours later. CCIA points out that the system’s reliance on DNS and IP address blocking is too “blunt” and lacks transparency and accountability. Furthermore, recent amendments to Italian copyright law require internet service providers to actively report illegal activities, which is considered contrary to the European Union’s Digital Services Act. CCIA calls on the European Union Commission to collaborate with the Italian government to suspend the system until a legality review is completed.

Unified Patent Court Exercises Long Arm Jurisdiction on UK Infringement for the First Time

In a landmark decision, the Unified Patent Court (UPC) has confirmed its jurisdiction over infringement proceedings in the UK portion of a European patent in the case between Fujifilm and Kodak. The case involves Fujifilm’s European patent EP3594009, which protects lithographic plate precursors and is valid in both Germany and the United Kingdom. Although the UK is not a party to the UPC, the court held that since the defendant’s domicile was in a party to the UPC (Germany), the UPC was entitled to rule on the infringement in the UK part under the Brussels I Regulation and the Unified Patent Court Agreement (UPCA). This ruling expands the UPC’s jurisdiction to adjudicate infringement in non-UPC member states, such as the UK, and could significantly impact companies’ patent enforcement strategies in Europe, enhancing the UPC’s attractiveness as a cross-border patent dispute resolution body.

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