Translated by: G·IPRs (Michael Ni, Katherine, Shanghai Runhe Law Firm, Version: R1.0, January 15, 2010 )

(Judicial Interpretation No. 21 [2009] )

(Adopted at the 1480th Meeting of the Judicial Committee of the Supreme People’s Court on December 21, 2009)

Announcement of the Supreme People’s Court of the People’s Republic of China

On December 10, 2009, Mark R. Shulman led 9 lawyers of the delegation of Association of the Bar of the City of New York, America to visit Shanghai Bar Association. The delegation includes Robert N. Hornick, lawyer and the partner of Morgan Lewis & Bockius LLP, Judge John M. Walker of the United States Court of Appeals for the Second Circuit and Pro. Jerome A. Cohen who in a long term studies Chinese Laws from New York University, School of Law and other famous lawyers, experts, scholars and judges.

The Comparison and Commentaries on Regulations on the Administration of Setting and Revision of the National Standard Involving Patent (Interim) (Exposure Draft) (2009 Nov.) and Regulations on National Standard Involving Patent  (Interim) (Exposure Draft) (2004 Sept.)

Zhong Yi [1]  Ni Jia  Liu Jiayin  [ Shanghai Runhe Law Firm ]

On Nov. 2, 2009, the Standardization Administration of the People’s Republic of China promulgated Regulations on the Administration of Setting and Revision of the National Standard Involving Patent (Interim) (Exposure Draft) (hereinafter "Version 2009") and asks for opinions from specified national organs, public institutions and industrial associations on revisions of which the deadline is Nov. 30, 2009. It is noticed that compared with Version 2009, Regulations on National Standard Involving Patent (Interim) (Exposure Draft) (hereinafter “Version 2004”) promulgated in September of 2004 is adjusted greatly on its contents.

In June of 2009, SDL published SDL Trados Studio 2009. To be on the safe side, we made an internal test on the trial version and did not make an update until SDL Trados Studio 2009 Sp1 (hereinafter "Version 2009") was published. For the advantages and new characteristics of Version 2009, please see the official website of SDL and this article does not make deliberation. We desire to share our experience of using the two software through the comparison of Version 2009 and Trados 2007 Sp2 (hereinafter "Version 2007") and hope it may be helpful to the further improvement of Version 2009.

Translated by: G·IPRs (Michael Ni, Katherine,  Shanghai Runhe Law Firm, Version: R1.0, Nov 19, 2009 )

Chapter I. General Provisions

Article 1 With the purpose of appropriately coping with the issues on national standards involving patent, standardizing the setting and revision of national standards, encouraging independent innovation, promoting the proper application of new technology in national standards, protecting the rights and interests of the public, patentees and relevant right owners, ensuring the effective implementation of national standards, Regulations on the Administration of Setting and Revision of the National Standard Involving Patent (hereinafter "Regulations") was hereby enacted in accordance with Standardization Law of the People's Republic of China, Patent Law of the People's Republic of China, Measures for Administration of National Standards and other relevant laws and regulations.

From October 23 to 25, the Annual Symposium 2009 of the Committee on Intellectual Property of National Bar Association of China and the Intellectual Property Summit Forum of Chinese Lawyers were held at the International Conference Hotel of Nanjing. Focus on the Strategy of Patent Standardization ------ Specialized Legal Services in Audio Video Coding Industry by Zhong Yi, attorney at law (hereinafter "Lawyer Zhong Yi" ) was awarded the Distinguished Paper and he delivered a keynote speech on such topic on the Forum on the last day.

Author: Zhong Yi[1]   

[ Abstract ] DVD, CDMA, ATSC and other technical standards which contain patent technologies shocked us repeatedly with the power of patent standardization. In the light of the OutlineNational Intellectual Property Strategy, central and certain provincial governments successively carried out policies and measures to promote and encourage "Technology Patentability, Patent Standardization" and meanwhile TD-SCDMA, UOML, AVS and other industry alliances alike have fruitful achievements concerning the development of Patent Standardization. A burgeoning area of legal service emerges in the absence of corresponding legislation. This paper, with the perspective of establishing specialized legal services in the audio video coding industry, discusses how lawyers prepare for the ever-increasing requirements of legal services under the strategy of implementing and coping with Patent Standardization.