Search results - found 77
Trademark disputes over Chinese mark &38520;&34382; (International reports)
In 1999 Chinese automobile manufacturer The Geely Group applied to register Chinese mark &38520;&34382; ("lu hu” in Pinyin) in respect of, among other things, motorcycle and automobiles in China. Following an unsuccessful cancellation action before the Trademark Review and Administration Board, Land Rover has now appealed the registration to the People’s Intermediate Court.
Fight against data scraping: legal redress? (International reports)
Do businesses have any legal redress against web scrapers for extracting data from their own websites? The Chinese courts have answered in the affirmative and provided two routes for protection namely, copyright infringement and unfair competition.
Registrability requirements for media marks relaxed (International reports)
The State Administration of Industry and Commerce of China has issued a notice on the registrability of certain marks for “newspapers, periodicals, magazines (periodical) and news publications” in Class 16 of the Nice Classification. The notice relaxes the criteria set forth by certain provisions of Article 10 of the Trademark Law.
Legality of notice issued by Trademark Office challenged (International reports)
The Beijing Intellectual Property Court recently held that a transitional provision issued by the Trademark Office was ultra vires the office's power. The provision related to trademark applications for seven specific types of retail and wholesale service for pharmaceutical, veterinary and sanitary preparations and medical supplies in Class 35 under new Subclass 3509.
Judicial opinion to clarify certain trademark issues (International reports)
The Supreme People’s Court has issued the Opinion on Several Issues Regarding Administrative Adjudication of Trademark Grant and Confirmation. The opinion lays down certain general guidelines for example, widespread use of a trademark is a factor in favour of granting or maintaining its exclusive rights, and vice versa.
Court recognises Heinz Chinese trademark as well known (International reports)
Pre-emptive applications by trademark squatters in classes of goods and services in which rights holders have no prior registrations have always been a serious issue for international brand owners. Thus, it is often necessary for them to rely on well-known trademark claims in oppositions against such pre-emptive applications. This was the case in a recent decision on the HEINZ Chinese trademark.
China allows (limited) registrations for retail and distribution services (International reports)
As of 1st January 2013, China is allowing the registration of trademarks in connection with the retail and distribution of several medicine-related goods. Specifically, seven items of retail and distribution services have been added to Class 35, including pharmaceutical preparations, medical supplies and veterinary medicines.
Civil disputes involving well-known trademarks (International reports)
The Supreme People’s Court has issued an Interpretation on Issues of Laws Applicable to Civil Proceedings involving Well-Known Trademarks following a public consultation. According to the interpretation, the court can recognise that a particular trademark has acquired 'well-known' status only where it is absolutely necessary and in certain prescribed cases.
An overview of trade secrets (International reports)
An important form of intellectual property, trade secrets are increasingly attracting attention, particularly in regard to operational information such as customer lists and technical information in software. The protection of trade secrets mainly depends on the rights holder's desire to protect itself.
World’s biggest piracy ring convicted in Shenzhen (International reports)
The Futian District People’s Court of Shenzhen City has sentenced 11 infringers to jail for manufacturing and dealing in pirated computer software. The penalties handed down by the court are the highest ever imposed by the Chinese courts for piracy.
Notice clarifying renewal procedures issued by Trademark Office (International reports)
The Chinese Trademark Office has issued a notice on the renewal of trademarks that are the subject of opposition, review or court proceedings. Among other things, the notice states that where the initial period of registration of the trademark is due to expire, the owner may apply for renewal within six months of the expiry of the registration.
Trademark Office clarifies valid proof of use for cancellation actions (International reports)
The Chinese Trademark Office recently laid down specific examples of evidence of use that a registered trademark proprietor can provide to defend successfully against a cancellation action for three years' non-use of that mark. It listed valid proof of use for both product and service marks.
Revised Anti-unfair Competition Law enters into force (International reports)
While the Anti-unfair Competition Law has been revised to address new business activities and unfair competition behaviour, how the courts will apply its provisions to protect the rights of business operators and encourage fair competition remain to be seen.
Examining service provider liability for copyright infringement (International reports)
The unauthorised dissemination of copyright works through the Internet represents a major challenge for copyright owners worldwide. Holding network service providers liable for infringing activities by network users is the key to combating online copyright infringement effectively. A recent Supreme People’s Court judicial interpretation examines this issue.
Draft changes to the Patent Law under public consultation (International reports)
The Patent Law is undergoing its third revision to date and draft amendments to the law have been published for public consultation. Among other things, the draft adopts the absolute novelty standard and imposes a higher patentability threshold for design patents.
Does a 3D trademark registration give you invincibility in China? (International reports)
Following a recent judgment of the Guangdong High Court, the answer to this question seems to be "no". The dispute concerned the use of a square-based brown bottle by Guangdong Kaiping WeiShiDa Seasoning Co Ltd, which allegedly infringed Nestlé’s international registered rights in the three-dimensional mark for its Maggi sauce bottle.
SIPO becomes largest patent office in the world (International reports)
The World Intellectual Property Organisation has released its World Intellectual Property Indicators 2012. In 2011 the China State Intellectual Property Office surpassed the US Patent and Trademark Office for the first time, becoming the world’s number-one patent filer. Despite the weak economic conditions, the majority of the top 20 IP offices saw growth in patent applications between 2010 and 2011.
Implementation of new IP standards (International reports)
Two new standards concerning IP documentation and information have come into force. The first confirms terms frequently used in regard to intellectual property, while the second clarifies the classification and coding of IP documentation. However, the standards are not compulsory and no penalties apply for failure to comply with them.
High damages awarded against well-known HK mark owner (International reports)
The Hangzhou Intermediate People’s Court has ordered a well-known Hong Kong-based fashion chain, Generation 2000, to pay Rmb20 million to Zhao Hua for infringing his 2000 trademark. The case demonstrates the importance of ensuring that trademarks are registered and well protected in China.
CKH finally wins hard-fought battle to obtain copyright recognition (International reports)
Rights holders in China often have a tough time when their logos are pre-emptively registered by others in classes of goods or services where they do not have a registration, and thus must rely on copyright and bad faith on the part of the applicant as grounds for opposition. A recent Beijing Higher People’s Court decision marks a breakthrough in such cases.
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