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人类遗传资源管理趋严,六家涉事企业违规被罚

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  • Author:华讯知识产权
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  • Time of issue:2019-03-08 15:43
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(Summary description)《人类遗传资源管理暂行办法》从1998年6月开始实施以来,至今已有二十余年,该办法形成的保护开发体系对我国的生命科学和生物技术的发展都起到深远的影响。而随着基因技术的飞速发展,又赋予人类遗传资源这座宝库新的价值,各国对基因资源的竞争和争夺更为激烈。在对人类遗传资源的竞争和争夺中,一些企业因违反《人类遗传资源管理暂行办法》相关规定,受到科技部的点名批评并给予相应惩罚。2018年7月份,科技部对阿斯利

人类遗传资源管理趋严,六家涉事企业违规被罚

(Summary description)《人类遗传资源管理暂行办法》从1998年6月开始实施以来,至今已有二十余年,该办法形成的保护开发体系对我国的生命科学和生物技术的发展都起到深远的影响。而随着基因技术的飞速发展,又赋予人类遗传资源这座宝库新的价值,各国对基因资源的竞争和争夺更为激烈。在对人类遗传资源的竞争和争夺中,一些企业因违反《人类遗传资源管理暂行办法》相关规定,受到科技部的点名批评并给予相应惩罚。2018年7月份,科技部对阿斯利

  • Categories:最新消息
  • Author:华讯知识产权
  • Origin:
  • Time of issue:2019-03-08 15:43
  • Views:
Information

《人类遗传资源管理暂行办法》从19986月开始实施以来,至今已有二十余年,该办法形成的保护开发体系对我国的生命科学和生物技术的发展都起到深远的影响。而随着基因技术的飞速发展,又赋予人类遗传资源这座宝库新的价值,各国对基因资源的竞争和争夺更为激烈。

在对人类遗传资源的竞争和争夺中,一些企业因违反《人类遗传资源管理暂行办法》相关规定,受到科技部的点名批评并给予相应惩罚。20187月份,科技部对阿斯利康,艾德生物和昆皓睿诚医药研发有限公司分别进行处罚。相关处罚决定书显示,阿斯利康未经许可将已获批项目的剩余样本转运至艾德生物和昆皓睿诚医药研发有限公司,开展超出审批范围的科研活动。科技部对阿斯利康作出警告、没收并销毁违规利用的人类遗传资源材料,撤销已有的两项行政许可等行政处罚;对违规接受阿斯利康样本并保藏的艾德生物和昆皓睿诚医药研发公司作出警告、没收并销毁涉案遗传资源材料的处罚决定。

当然,阿斯利康并不是第一起因为违反《人类遗传资源管理暂行办法》被处罚的企业。早在2015年,华大基因和上海华山医院就因未经许可与英国牛津大学开展“中国女性单相抑郁症的大样本病例对照研究”的国际合作研究,将部分人类遗传资源信息从网上传递出境被罚。2016年,苏州药明康德未经许可将5165份人类遗传资源作为犬血违规出境被科技部警告。

从上面的案例可以看出,有相当一部分的企业存在法律意识淡薄、国家安全意识淡薄,甚至有些公司为了私利,随意泄露涉及国家和人民安全的信息。也从侧面反映出,这些年来关于人类资源管理的宣传和监管也确实存在漏洞。

根据《人类遗传资源管理暂行办法》规定,人类遗传资源是指含有人体基因组、基因及其产物的器官、组织、细胞、血液、制备物、重组脱氧核糖核酸(DNA)构建体等遗传材料及相关的信息资料。第四条规定,国家对重要遗传家系和特定地区遗传资源实行申报登记制度,发现和持有重要遗传家系和特定地区遗传资源的单位或个人,应及时向有关部门报告。未经许可,任何单位和个人不得擅自采集、收集、买卖、出口、处境或以其他形式对外提供。

对人类遗传资源的管理,通过行政审批的方式,其归根到底是为了实现我国企业在国际合作中,合理利用我国人类遗传资源,实现合理分配知识产权等权益。《人类遗传资源管理暂行办法》第十七条规定,我国境内的人类遗传资源信息,包括重要遗传家系和特定地区遗传资源极其数据、资料、样本等,我国研究开发机构享有专属持有权,未经许可,不得向其他单位转让。获得上述信息的外方合作单位和个人未经许可不得公开、发表、申请专利或者以其他形式向他人披露。第十九条规定,中外机构就我国人类遗传资源进行合作研究开发,其知识产权的处理原则包括,合作研究开发成果属于专利保护范围的,应由双发共同申请专利,专利权归双方共有。

从目前的国情来看,严格的审批是必须且合规的。时至今日,我国人类遗传资源依然面临着流失的风险,境外组织攫取我国人类遗传资源的方式繁多,手段隐蔽,造成我国大量、重要的人类遗传资源非法外流。即使在正常的学术合作中,也出现外方合作人员“过河拆桥”的失信行为,合作研究后不与我国学者分享成果的案例。2017年,在生物学预印本“bioRxiv”网站上,有一篇文章是通过分析目前规模最大的汉人基因组数据,揭示了中国人群的遗传结构组成;同年在《自然》杂志子刊也有发表了一篇基于同一批数据的研究论文,同样对中国人群的遗传及进化特征进行了分析,前者完全没有中国作者和单位,后者仅一位是中国作者,却不是主要研究人员。这些案例都表明,我国科学家和研究者在知识产权中,并没有得到相应的权利。

随着基因组研究和测序技术的飞速发展,行业公司的商业化程度越来越高,人类遗传资源的价值将得到进一步的提升。国家相关部门对遗传资源的管理更加规范、强化,资源管理办开始要求企业对遗传资源的信息进行备案,资源管理办对备案情况、备案信息等予以巡查。

当然,将人类遗传资源进行保护并非最终目的,任何资源只保护不开发利用,实际上并不构成资源。只有把保护和利用放在一起才能将掌握住资源的价值。我国建立人类遗传资源管理的规定,其最主要的目的是为了能够建立管理统一的国家人类遗传资源样本库网络和信息数据库,在确保样本和数据安全的前提下,有效利用相关资源。

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Electronic

Electronic Arts pledges free use for five accessibility patents

Electronic Arts pledges free use for five accessibility patents Recently, Electronic Arts (EA) announced a patent pledge that gives other companies and developers free access to five of its current accessibility-related patents and technology. The company promised not to enforce against any party for infringing any of the listed patents. Instead, EA hopes to encourage “innovation” and build new features that make video games more inclusive on a much larger scale by opening up the patents.  Electronic Arts (EA) is an American video game company founded in 1982. The company owns many popular and famous games, such as The Sims, SimCity, Apex Legends, Madden NFL and FIFA. Each of the games has more than 30 or 50 million sales volume. Significantly, esports involves FIFA and Apex Legends into the event list. Apex Legends has up to 1 billion players, and it is so popular that it has a Switch version. Within the freely available patents, one of which grabs everyone’s attention -- Apex Legends’ ping system (patent No. US 11097189). The ping system in Apex Legends, which excellently allows players to make communication and teamwork quick and easy without hearing or speaking, has been praised both as an impressive alternative to voice chat and as a great accessibility feature for players with a variety of disabilities.  The other patents include the technology widely used in the FIFA and Madden NFL. The innovations can automatically detect and modify colors (patent No. US 10118097 and CN 107694092) and contrast ratios (patent No. US 10878540) to improve gamers’ visibility with colorblindness and low vision. Furthermore, one of the patents relates to personalized sound technology, helping players with hearing issues by modifying or creating music based on their preferences (patent No. US 10790919).   The code of the mentioned technology is published on EA’s GitHub, and it is open to all developers. Thus, the developers can use it or adapt it for their games without spending the costs to research. It is good that EA shares the patents for free use and aims to create an accessibility-increased gaming environment for players. However, it is not “unconditional” to use the listed patents. In the pledge, EA mentioned that it may terminate the promise for a specific party which files a patent infringement lawsuit or other patent proceedings against EA. We can see parts of EV’s ambition behind the announcement—to build a large game developer league and a community of shared interests.     Reference: https://www.ea.com/commitments/positive-play/accessibility-patent-pledge https://iknow.stpi.narl.org.tw/Post/Read.aspx?PostID=14562 https://www.polygon.com/22639469/apex-legends-electronic-arts-patent-pledge-accessibility-developers https://www.theverge.com/2021/8/24/22638535/ea-accessibility-patent-pledge-apex-legends-ping-system https://www.gamesradar.com/ea-secures-a-patent-for-the-apex-legends-ping-system-and-its-giving-it-away-for-free/ https://dotesports.com/apex-legends/news/apex-legends-ping-system-is-now-patent-free-for-accessibility https://www.nintendolife.com/news/2021/08/apex_legends_ping_system_now_patent-free_as_ea_announces_accessibility_pledge Recently, Electronic Arts (EA) announced a patent pledge that gives other companies and developers free access to five of its current accessibility-related patents and technology. The company promised not to enforce against any party for infringing any of the listed patents. Instead, EA hopes to encourage “innovation” and build new features that make video games more inclusive on a much larger scale by opening up the patents.    Electronic Arts (EA) is an American video game company founded in 1982. The company owns many popular and famous games, such as The Sims, SimCity, Apex Legends, Madden NFL and FIFA. Each of the games has more than 30 or 50 million sales volume. Significantly, esports involves FIFA and Apex Legends into the event list. Apex Legends has up to 1 billion players, and it is so popular that it has a Switch version.   Within the freely available patents, one of which grabs everyone’s attention -- Apex Legends’ ping system (patent No. US 11097189). The ping system in Apex Legends, which excellently allows players to make communication and teamwork quick and easy without hearing or speaking, has been praised both as an impressive alternative to voice chat and as a great accessibility feature for players with a variety of disabilities.    The other patents include the technology widely used in the FIFA and Madden NFL. The innovations can automatically detect and modify colors (patent No. US 10118097 and CN 107694092) and contrast ratios (patent No. US 10878540) to improve gamers’ visibility with colorblindness and low vision. Furthermore, one of the patents relates to personalized sound technology, helping players with hearing issues by modifying or creating music based on their preferences (patent No. US 10790919).   The
2021-10-22
The

The forum on "China's Intellectual Property-related Reform Measures and New Trends in Patent Litigation" will be held successfully!

The forum on "China's Intellectual Property-related Reform Measures and New Trends in Patent Litigation" will be held successfully! In response to the call for building a strong country with intellectual property rights, at 2 o'clock in the afternoon of October 21, the forum on "China's reform measures related to intellectual property rights and new trends in patent litigation" will be successfully held in Nanjing Jiangbei New District Industrial Technology Research and Innovation Park. The event was hosted by the Science and Technology Innovation Bureau of Nanjing Jiangbei New Area Management Committee, Nanjing Jiangbei New Area Industrial Technology Research and Innovation Park, Nanjing Intellectual Property Rights Protection Assistance Center Jiangbei New District Center, Nanjing Huaxun Intellectual Property Consultant Co., Ltd., Nanjing Intellectual Property Co-organized by the Protection Center (Nanjing Intellectual Property Rights Protection Assistance Center), Taiwan Pharmaceutical Development Association, and Gene Online. The director of Nanjing Intellectual Property Protection Center, Mou Xiaojian, delivered a speech. Director Mu expressed his warm congratulations on the holding of this event and introduced in detail the new pattern of intellectual property protection in Nanjing. He said: At present, Nanjing has implemented a rights protection assistance network in the municipal area. With full coverage, Nanjing Intellectual Property Protection Center is willing to closely communicate and interact with Nanjing's innovation entities, and provide relevant public welfare services such as rapid pre-review, rapid rights protection, and comprehensive utilization for enterprises in need. In addition, Huang Funan, CEO of Gene Online, was unable to come to congratulate due to the epidemic, and recorded a congratulatory video. In the video, he said: China Innovative Pharmaceuticals has already made many outstanding achievements on the international stage, and these are inseparable from intellectual property rights. The support of the company can also show the importance of intellectual property rights to biotechnology and pharmaceutical companies. This event invites four industry experts to focus on China's reform measures related to intellectual property rights and new trends in patent litigation, discuss with companies and universities, and make arrangements in advance. Dr. Qingchen Hou, general manager of Nanjing Huaxun Intellectual Property Consulting Co., Ltd., introduced the "Guidelines for Building a Powerful Country with Intellectual Property Rights (2021-2035)" and explained his views from four aspects: background, strategic layout, overall requirements, and organizational guarantees. . Subsequently, a detailed analysis of China's patent linkage system was carried out, and compared with the same types of cases at home and abroad, questions were raised: Why should we reward the first person who successfully challenged patents? Not the first person to file a P4 application? And have a series of discussions with you. Director Jiang Haijun of the Intellectual Property Protection Legal Committee of the Nanjing Lawyers Association gave a speech on three points: the problems after the amendment of the patent law, the enforceability of the amount of compensation, and the legal conflicts related to service inventions. Regarding the patent right evaluation report, he emphasized that the patentee, interested party or accused infringer can also proactively issue a patent right evaluation report. "Patent is a work of art that combines technology and law" is a message shared by Mr. Feng Tao from Jiangsu Junbo Law Firm at this event. Mr. Feng analyzes the big data of Chinese patent litigation cases through graphs and examples. Explore. The last topic of the event was shared by Guo Huangying, Intellectual Property Manager of Nanjing Huaxun Intellectual Property Agency (General Partnership)-China's Patent Infringement Judgment Principles and New Developments. Manager Guo explained to everyone the principles of patent infringement judgment and the necessity of patent infringement search and analysis before producing and selling products. In the intellectual property industry, ECCOM has been providing high-quality and professional comprehensive intellectual property services to enterprises and universities one step at a time. It also hopes that under the leadership of the state and the government, it will contribute to the building of a strong intellectual property nation in China. Make a contribution.
2021-10-22
Types

Types of patents that are easily overlooked- Design Patent

Types of patents that are easily overlooked- Design Patent In recent years, as the public’s awareness of intellectual property has increased, people have begun to consciously use the patent law to protect their intellectual property rights. However, in the process of implementation, they often only focus on invention patent and utility model patent, and tend to ignore the protection of design patent. Recently, Midea sued Haotaitai for two models of CXW-300-D998 and CXW-300-D908 Haotaitai brand range hoods In the case of suspected infringement of its design patent (patent number: ZL201930621598.X), the Guangzhou Intellectual Property Court made a first-instance judgment after hearing that it determined that the two products of Haotaitai constituted infringement, and ordered it to immediately stop the infringement and compensate Midea, The company's economic losses and reasonable expenses totaled 360,000 yuan. In fact, appearance infringement cases have occurred from time to time before, such as: "Molly" blind box design patent case, "Siemens" switch design patent infringement dispute case received a compensation of 6 million yuan, three Casio watch design patents were infringed Received a compensation of 8.8 million yuan and so on. The reason why people ignore the protection of design patents, in the final analysis, is that they have insufficient knowledge of design patents. Today, let's take a look at what is protected by design patents and what rights protections can we apply for? Design patent definition: Article 2 of the "Patent Law", design patent, refers to a new design that is aesthetically pleasing and suitable for industrial applications based on the shape, pattern, or combination of products, and the combination of color, shape, and pattern. Protected range: The shape of the product; the pattern of the product; the shape and pattern of the product; the shape and color of the product; the pattern and color of the product; the shape, pattern and color of the product. Protection period: The term of protection for design patent rights is 15 years, calculated from the date of filing. What are the conditions for applying for a design patent? The design should be aesthetically pleasing Appearance patents should be suitable for industrial applications The design patent application should be novel The design patent application should be inventiveness What are the advantages and functions of design patents? Protect the rights and interests of enterprises in product designs and fight against infringements in market competition. To enhance brand value, the quality and quantity of patents are the embodiment of the company's innovation ability and core competitiveness. Receive consumer recognition. If a company's new product appearance is filed for a patent in a timely manner, its appearance design will enjoy the exclusive right. Nowadays, consumers often choose products with trendy and beautiful appearance when buying their products. Applying for a design patent is a necessary condition for applying for a high-tech enterprise.
2021-09-26
Colopl

Colopl Settles Patent Infringement Lawsuit with Nintendo by Paying $30 Million

Colopl Settles Patent Infringement Lawsuit with Nintendo by Paying $30 Million   This August, Nintendo and a game developer Colopl announced that they have settled for patent infringement regarding White Cat Project (Shironeko Project in Japanese), a smartphone game developed by Colopl. Although both companies did not publicly share exact details of the settlement, at least it is sure that Colopl agreed to pay 3.3 billion yen (about US$30.2 million) as the settlement fee for the proceedings, including the future license of Nintendo's patents.    How did the battle begin?  Being developed and published by a Japanese game developer, Colopl, White Cat Project is a free-to-play action role-playing game for Android and iOS systems. The mobile game was launched in July 2014 as well as got a television anime adaptation in 2020. It is incredibly popular to have more than 50 million downloads. Furthermore, the game is set to receive a Switch version titled "Shironeko New Project".    In September 2016, Nintendo noted the Colopl's game and considered that the game had infringed on several of Nintendo's technology patents. The two companies communicated with each other for over a year; however, Nintendo did not accept the explanations from Colopl, and Nintendo filed a lawsuit against Colopl at the beginning of 2018.    Nintendo claimed that Colopl infringed 6 of its patents. These patents protect touch-screen joystick functionality (patent no. JP3734820), multiplayer connectivity (patent no. JP5595991, JP6271692), confirmation screens in sleep mode (patent no. JP4010533), character attacks based on touch input locations (patent no. JP4262217), and a shadow effect placed on characters hidden behind the game geometry (patent no. JP3637031).   These patents almost cover various ways of game technology, especially the patent  JP5595991 and JP6271692. Their patent family is wide-reaching, and many divisional applications of the family are pending in Japan. They protect a communication game system and its related devices. It is not easy to detect the patent's existence and boundary since this kind of hardcore technique is so common in the gaming field and our daily lives.     The five-year patent war has been settled.  After a five-year dispute, the situation appeared to turn in Nintendo's favor as the Switch maker increased its monetary demands, which convinced Colopl to strike a deal that lets it use the disputed patents. Furthermore, a Switch version of White Cat Project remains in the works at Colopl.    With the extraordinary losses of Colopl, the legal battle between the two companies came to an end.  
2021-09-09
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