Intellectual Property Newsletter by MeritsIP, September 02, 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.
“Blockade for 15 Years” Behind the Secret War: Why Does the US USITC Target BOE as the Top Target of “Commercial Secret Siege”?
In July 2025, the US International Trade Commission (USITC) made a preliminary ruling, alleging that BOE and its affiliated companies illegally obtained and used Samsung Display’s OLED commercial secrets and recommended a Limited Exclusion Order (LEO). The official announcement didn’t specify the LEO’s duration, and the final ruling is expected in November.
The US 337 investigation, mainly related to intellectual – property claims with exclusion and cease – and – desist orders as relief measures, has become a tool to contain Chinese enterprises. The BOE – Samsung Display dispute began in October 2023 when Samsung applied for a 337 investigation against BOE. BOE has requested a case review and filed a patent – infringement lawsuit against Samsung.
This isn’t the first 337 face – off between them. In a previous case, there was no real winner. The article also suggests how Chinese enterprises like BOE should respond to 337 investigations, and tells the story of AMEC’s victory in an intellectual – property lawsuit, highlighting independent innovation and active response.
UPC Era: Patent Battle Involving China – The Patent Validation Path and Strategic Choices Behind the Gilead – AMMS Lawsuit
In June 2025, Gilead Sciences filed a patent revocation lawsuit against the Academy of Military Medical Sciences (AMMS) at the UPC Milan Central Branch, along with an EPO opposition procedure. The involved patent, EP 3 854 403, authorized in Europe on June 18, 2025, threatens Gilead’s Remdesivir. Gilead’s actions on the authorization day show the patent’s importance for Remdesivir’s European sales. AMMS requested the patent to take effect under the Unitary Patent (UP) mode in July, confirming UPC’s jurisdiction. This case is related to Gilead’s European market share of COVID – 19 treatment products. Gilead also sued AMMS in the UK High Court, using a multi – pronged litigation strategy. The UPC has become a new center for international pharmaceutical litigation with increasing cases. For multinational pharmaceutical companies, it offers a centralized way to challenge patents but also brings more offensive and defensive pressures. The case shows the defensive value of scientific research patents. Multinational pharmaceutical companies should consider settlement mechanisms and balance litigation in UPC and non – UPC countries. Chinese research institutions should plan patent validation paths and risk resistance strategies in advance when entering the European market.
Is Taobao Flash Sale’s New Rider Uniform an Infringement of UU跑腿’s Design?
On August 25, Taobao Flash Sale and Ele.me launched new autumn rider uniforms, attracting wide attention. On August 31, UU跑腿 claimed its 2023 “Swift Series Runner Workwear” was highly similar to Taobao Flash Sale’s new uniforms in color, design, and details, providing 2023 WeChat post evidence for prior use.
Regarding trademark protection, both use their own trademarks on uniforms, so there’s no trademark infringement. For patent protection, as neither applied for design patents, there’s no patent infringement. For copyright protection, it’s not clear if there’s infringement as it’s uncertain if the aesthetic and practical functions of the clothing can be separated.
In terms of unfair competition, since both are mainly in delivery services, not clothing sales, it’s less likely to cause unfair competition in the traditional sense.
Global First! RuFengHuang Synthesizes Triple-Helix Bionic Collagen Chemically, Solving Collagen Stability Issue
In 2025 at the 20th Western China International Fair, RuFengHuang Regenerative Technology Development (Chengdu) Co., Ltd. presented its “POGMENT Bogein® triple – helix bionic collagen raw material”. This self – developed bionic collagen, a third – generation technology from Japan and innovated in China, is chemically synthesized. It has a “glycine – proline – hydroxyproline” linear repeating sequence, a weight – average molecular weight over 200kDa, a triple – helix structure, and can self – assemble into collagen fibers.
Collagen has safety and stability problems, especially in maintaining the triple – helix structure during mass production. RuFengHuang’s chemical synthesis can precisely control amino acids and form a stable triple – helix. The technology, from a Japanese doctoral team and developed by a Chinese one, has built a thermally stable structure, enhancing tissue repair.
POGMENT Bogein® has a physical biological scaffold effect. Its thermal stability and structural integrity are certified by an international journal. A research team visualized its “collagen fiber bundles” at high – resolution, a global first.
The collagen market is growing. RuFengHuang’s product has multiple patents and is expected for medical aesthetics and tissue engineering. The company is formulating industry standards, exploring overseas markets (especially in Indonesia), advancing clinical research, and seeking investment for the industrial ecosystem.
Trademark Mini-Lesson: Understanding the Registration Applications for Collective and Certification Trademarks
This article from China Intellectual Property News introduces trademark types and registration rules. The Trademark Law lists common types: goods, service, collective, and certification trademarks. Goods and service trademarks are classified by use field, while collective and certification trademarks are grouped with ordinary ones and classified by purpose and use method.
“Geographical indications” are signs showing a product’s origin, with quality and reputation tied to local factors. The Implementing Regulations allow geographical indications to be registered as collective or certification trademarks, creating four sub – types.
Regarding usage, ordinary trademark owners can use or authorize. Ordinary collective trademarks are for the registrant and members. Ordinary certification trademark owners can only authorize. Geographical indication collective trademarks are for members with origin and quality requirements, and the registrant can’t use. Geographical indication certification trademark owners can only authorize entities from specific regions meeting quality criteria. An applicant can choose only one type for the same or similar goods or services.
Japan Advances 2025 Advanced Carbon Neutrality Technology Development Project
On August 26, 2025, the Japan Science and Technology Agency (JST) finalized the Strategic Innovation Research Promotion Program – ALCA – Next (Advanced Carbon Neutrality Technology Development Project). The program aims to achieve carbon neutrality by soliciting innovative proposals to create disruptive technologies. After evaluation, JST selected 10 projects in five technology areas: energy conversion and storage, resource recycling, green biotechnology, semiconductors, and green computing and DX. Japan will conduct R & D work under the management of each area. Specific proposals were adopted in each area, such as energy storage and hydrogen carrier technologies in energy conversion and storage, and an optical information – processing proposal in green computing and DX that can cut energy consumption.
[Professional Knowledge] Hong Kong’s Patent Invalidation System
This article analyzes Hong Kong’s patent invalidation system from three aspects: institutional framework, core rules, and practical points. It adopts a pure judicial review model, different from the dual – track system in the Chinese mainland. The system is based on judicial centralism, with the core regulations in the Patent Ordinance and the Hong Kong High Court’s Court of First Instance as the sole entry point. There are two core paths to initiate invalidation: counter – claim in infringement litigation and declaratory action for non – infringement. The statutory grounds for invalidation are stipulated in the ordinance, and there are special evidence rules. The litigation process takes 18 – 30 months. There are cross – border connection mechanisms, including arbitration clauses in the Greater Bay Area and mutual recognition of cross – border evidence. Enterprises should adopt appropriate response strategies. The system has advantages like rigorous judicial review but also disadvantages such as difficulty for SMEs to safeguard rights.
About Us
MeritsIP: Your Global Intellectual Property Partner
At MeritsIP, we provide comprehensive IP services in biomedicine, medical devices, manufacturing, semiconductors, and AI. We support 200+ top clients globally with strategic, high-quality IP services.
Stay Connected
-
- Website: https://www.meritsipglobal.com
-
- LinkedIn: Follow us on LinkedIn
-
- Email: info@meritsip.com
© 2025 MeritsIP. All Rights Reserved.
