China Becomes an IP Giant
It was released from China Guanggu IP Protection Forum held lately that outstanding achievements were made in China in IP protection and creation which made China an IP Giant.
Mr. Tian Lipu, Director of the State Intellectual Property Office (SIPO), pointed out that from 2001 till now, the total number of patent applications in China has exceeded 2 million, while the annual increase over 20% for all three kinds of patent applications, of which 25% are for invention. Total trademark applications, however, approached 3.87 million by the end of this first half year. In 2004, the trademark applications in China totaled 588,000, with 6,000 foreign filings. Thus, Chinese trademark applications have been in the front line for three consecutive years all over the world.
China is ranked top for its applications of utility models, designs and trademarks, 90% of which are domestic. Applications for animal and plant varieties are increasing by 30% per year and have reached 2,496 until this July.
Source:http://www.ctei.gov.cn/
Ministry of Public Security Released China Top Ten IP Infringement Cases
From October 2004 to November 2005, the public security organs all over the country had cracked down 2,611 IPR infringement cases with 5,001 infringer arrested and RMB 990 million damages covered. The top ten cases are as follows:
1. Lin Yuanjing Sport Shoes Counterfeiting Case, FujianProvince;
2. Tang Guang Wine Counterfeiting Case, SichuanProvince;
3. Huangmian Medicine Counterfeiting Case, GuangdongProvince;
4. Guorong Pesticide Counterfeiting Case, JiangsuProvince;
5. Domestic Medicine Counterfeiting Case, HenanProvince;
6. Lai Shouqiang Wine Counterfeiting Case, GuangdongProvince and Tianjing;
7. He Mugui Pesticide Counterfeiting Case, SichuanProvince;
8. Shen Jiantao Pencil Counterfeiting Case, AnhuiProvince;
9. You Tangcun Unauthorized Net Game Terminal Case, Shanghai;
10. Chen Jinsong Copyright Infringement Case, FujianProvince.
Source: Jinghua Daily
The Colors Combination Trademark Case Firstly Accepted in Beijing 1st Intermediate People’s Court
The Beijing 1st Intermediate People’s Court formally accepted a Swedish company’s petitionagainst TRAB (Trademark Review and Adjudication Board) for its rejection of colors combination trademark review request. This was the first administrative case ever accepted by the court concerning the colors combination trademark.
In January 2002, the plaintiff, a Swedish corporation who was engaged in the saw production filed an application with the CTMO for its colors combination trademark ( orang and blue) which was rejected by the CTMO. The plaintiff was dissatisfied and filed a review request before the TRAB. The TRAB upheld CTMO’s opinion that the colors combination trademark was in lack of distinctiveness and should be rejected.
Given that, the plaintiff appealed to Beijing 1st Intermediate People’s Court and claiming the “orange and blue” combination painted in saws did possessed distinctiveness and the fact that products with this trademark have been widely sold and ranked highly for its quality.
Source:http://www.xinhua.com/
“Ning Xia Hong” Wins at Last after Three Years’ Suit
Ningxia High People’s court made a final judgment concerning the “Ning Xia Hong” trademark dispute that the appellee, Baoji Golden Health Fruit Corp., Ltd, Zhongning Yufeng Medlar Development Corp., Ltd etc. must stop manufacturing products bearing the similar logo to that of the Ningxia Xiang Mountain Wine Group and all the infringing packages and trade dress be destroyed. The court also ruled that the infringer should pay a damage of RMB 240,000 as compensation to the plaintiff. Thus, “Ning Xia Hong” trademark infringement case, which lasted for almost three years, was concluded in the end.
In the judgment, the Ningxia High People’s Court held that the special packages and trade dress of the plaintiff’s brand enjoyed a high reputation in the market and should be protected by law, and that the appellee’s counterfeiting acts have violated the Anti-unfair Competition Law of P.R.C. and therefore must assume the corresponding civil liabilities.
Source: http://www.cnipr.com
