CNIPA published the"Draft Amendment to Several Provisions for the Regulation of Patent Application(Exposure Draft)"On May 6,China National Intellectual Property Administration(CNIPA)published the"Draft ...CNIPA published the"Draft Amendment to Several Provisions for the Regulation of Patent Application(Exposure Draft)"On May 6,China National Intellectual Property Administration(CNIPA)published the"Draft Amendment to Several Provisions Regarding the Regulation of Patent Applications(Exposure Draft)"and its drafting explanations to solicit public opinions.展开更多
When it comes to the conflict between trademarks and trade names,it is necessary first to understand the nature of trademarks and trade names.Trademark is a concept known almost universally in modern society,which ref...When it comes to the conflict between trademarks and trade names,it is necessary first to understand the nature of trademarks and trade names.Trademark is a concept known almost universally in modern society,which refers to the mark used to distinguish the goods or services of one operator from those of other operators.On the other hand,a trade name primarily characterizes a relatively fixed place of trade,mainly referring to the geographical or physical location.The trade name is logically older and better suited to the limitations of simple commodity exchange in the traditional acquaintance society of the agricultural civilization.In the past,the business community often had the saying"there is only one shop,there are no other branches",because traditional business activities are limited by the production capacity of products,geography,transportation,communication and other factors,with distinctive geographical characteristics.Even if operators want to set up other branches,they are often unable to do so.This limitation leads to the same brand name in different regions not being confused with each other's market and not affecting each other's interests.展开更多
In today's world,science and technology are the primary productive forces,and innovation is the primary engine of development.In order to promote scientific and technological innovation,countries all over the worl...In today's world,science and technology are the primary productive forces,and innovation is the primary engine of development.In order to promote scientific and technological innovation,countries all over the world have formulated patent laws.展开更多
Guangzhou Intellectual Property Court,as the only specialized court in China with six permanent technical investigators,has been studying and improving the technical investigation officer system and has explored a spe...Guangzhou Intellectual Property Court,as the only specialized court in China with six permanent technical investigators,has been studying and improving the technical investigation officer system and has explored a specialized model for Guangzhou Intellectual Property Court,which is referred to as“Guangzhi Model”with a team of permanent technical investigators,part-time technical investigators,technical consulting experts and technical consultants.展开更多
Docket No.:326,second instance(终),civil case(民),(2020)Zhejiang Higher People's Court(浙)Lower Court Docket No.:1822,first instance(初),civil case(民),(2018)Ningbo Intermediate People's Court of Zhejiang Prov...Docket No.:326,second instance(终),civil case(民),(2020)Zhejiang Higher People's Court(浙)Lower Court Docket No.:1822,first instance(初),civil case(民),(2018)Ningbo Intermediate People's Court of Zhejiang Province(浙02)SUMMARY OF THE ARGUMENT China’s laws do not require that foreign trademarks must be translated into Chinese when parallel imported goods are sold.展开更多
Docket No.:3789,second instance(终),civil case(民),(2019)Beijing Intellectual Property Court(京73)Lower Court Docket No.:28643,first instance(初),civil case(民),(2018)Beijing Haidian District People's Court(京0108...Docket No.:3789,second instance(终),civil case(民),(2019)Beijing Intellectual Property Court(京73)Lower Court Docket No.:28643,first instance(初),civil case(民),(2018)Beijing Haidian District People's Court(京0108)Platform data can be divided into public data and non-public data.The illegal capturing of nonpublic data to which access rights have been set is of obvious impropriety.Capturing the data from a platform and storing it may lead to the leakage and infringement of the users'personal information and damage the platform's right to the relevant data,constituting unfair competition;Since it is an unfair act to capture and store the platform data,the subsequent use of such data for display and analysis does not have a legitimate basis as the source of the data is illegal.In addition,if it is impossible to prove that public platform data has been captured through normal channels,the act of capturing the public data also constitutes unfair competition.展开更多
Hainan province’s IP exchange market registers 3.7 billion yuan in business volume The Intellectual Property International Exchange of Hainan(IPEH)was opened on August 28,2020.In the past year,the number of intellect...Hainan province’s IP exchange market registers 3.7 billion yuan in business volume The Intellectual Property International Exchange of Hainan(IPEH)was opened on August 28,2020.In the past year,the number of intellectual property rights transfer and licensing products such as patents,trademarks,copyrights,and new plant varieties listed on the Hainan Intellectual Property Center has exceeded 180,000 items,with a total amount of more than 3.7 billion yuan,and the amount of completed and intended transactions exceeds ten thousand yuan.展开更多
Docket No.:1040,second instance(终),administrative case(行),(2020)01,Wuhan Intermediate People's Court of Hubei Province(鄂)Lower Court Docket No.:431,first instance(初),administrative case(行),(2019)0102,the Peop...Docket No.:1040,second instance(终),administrative case(行),(2020)01,Wuhan Intermediate People's Court of Hubei Province(鄂)Lower Court Docket No.:431,first instance(初),administrative case(行),(2019)0102,the People's Court of Jiang’an District,Wuhan,Hubei Province(鄂)SUMMARY OF THE ARGUMENT Administrative complaints may form an administrative legal relationship,which should be highly concerned by the administrative authorities.They cannot be replied simply by letter;otherwise they may cause administrative charges against administrative omission.展开更多
In business activities,there is an interesting phenomenon sometimes,that is,although the providers of goods or services use their standardized and formal registered trademarks(referred to as"official trademarks&q...In business activities,there is an interesting phenomenon sometimes,that is,although the providers of goods or services use their standardized and formal registered trademarks(referred to as"official trademarks"),some people still use the abbreviations,nicknames,translated names or jokes of official trademarks(referred to as"informal appellations")to refer to the official trademarks or their goods or services.For example,"Viagra"used in Pfizer,USA,is called"Weige"by some Chinese people.For Sony Ericsson and Sony Ericsson,some Chinese people call them Sony Ericsson.For the cosmetics brand"LANCOME",some Chinese people call it"Little Black Bottle".KFC is called"Kaifeng Cuisine"by some Chinese people."Twitter"is called"Tuite"by some Chinese people.展开更多
A WARM WELCOME TO VIENNA,THE CITY OF MUSIC AND DANCE-ACITYIN MOTION BET WEEN HISTORY AND MODERN TIMES.We are happy to invite you to a Viennese waltz with friends and colleagues from all over the world gathering in the...A WARM WELCOME TO VIENNA,THE CITY OF MUSIC AND DANCE-ACITYIN MOTION BET WEEN HISTORY AND MODERN TIMES.We are happy to invite you to a Viennese waltz with friends and colleagues from all over the world gathering in the Austrian capital for ECTA's 3gth Annual Conference 2021.You can look forward to following the Lead of IP professionals in sharing the latest trends in trade mark and design law.展开更多
Docket No.:1857,second instance(终),civil case(民),(2019)Guangdong Higher People's Court(粤)Lower Court Docket No.:1211,first instance(初),civil case(民),(2017)Guangzhou Intellectual Property Court(粤73)SUMMARY OF...Docket No.:1857,second instance(终),civil case(民),(2019)Guangdong Higher People's Court(粤)Lower Court Docket No.:1211,first instance(初),civil case(民),(2017)Guangzhou Intellectual Property Court(粤73)SUMMARY OF THE ARGUMENT If the right holder of a well-known trademark files a civil lawsuit with the court in the course of administrative litigation with the trademark infringer with respect to the validity of the alleged infringing registered trademark and requests the infringed infringer to stop the infringement act and compensate for its loss,the people's court shall accept the case,and shall not reject the case on the ground that it is a dispute between two registered trademarks.In those cases involving the aforementioned issues,the right holder of a well-known trademark is entitled to request the recognition of a well-known trademark and the special protection of the distinctiveness of the well-known trademark,even if the lawsuit is filed by the right holder against the infringement act of using the well-known trademark on the identical or similar goods.展开更多
Docket No.:7423,second instance(终),civil case(民),(2020)Hangzhou Intermediate People's Court(浙01)Lower Court Docket No.:10058,first instance(初),civil case(民),(2019)Hangzhou Internet Court(浙0192)The determinat...Docket No.:7423,second instance(终),civil case(民),(2020)Hangzhou Intermediate People's Court(浙01)Lower Court Docket No.:10058,first instance(初),civil case(民),(2019)Hangzhou Internet Court(浙0192)The determination of domain name registrants shall be based on the content of publicity and public trust,while the temporary template service in domain name registration shall be comprehensively determined from whether there is an agreement,whether the information of the actual registrant is submitted or updated timely,and whether the personal information is hidden in good faith,etc.Registration service acts that actually hoard and cyber-squat a large number of domain names,and use corporate names interchangeably to confuse the registrant information are acts under the banner of temporary template services but actually malicious cybersquatting behaviors,and should be regulated to purify the current chaos in the domain name registration industry.展开更多
With the vigorous development of the live stream industry,copyright infringement disputes continue to occur.If the host presents a copyrighted work of others without permission during the live stream,they shall be lia...With the vigorous development of the live stream industry,copyright infringement disputes continue to occur.If the host presents a copyrighted work of others without permission during the live stream,they shall be liable for infringement without reasonable defense,and the platform that provides the live stream service may also be held accountable.This article introduces in detail the behavior of using other people's works in the live stream situation,the types of rights that the copyright owner can claim,and analyzes the considerations when judging whether the live stream platform is at fault.展开更多
NBA Star Michael Jordan Name Right Dispute Case First Instance Sentenced On December 30,2020,the Shanghai Second Intermediate Court issued a verdict of the first instance in the case of former American professional ba...NBA Star Michael Jordan Name Right Dispute Case First Instance Sentenced On December 30,2020,the Shanghai Second Intermediate Court issued a verdict of the first instance in the case of former American professional basketball player Michael Jordan v.Qiaodan Sports Company and Bairen Trading Company for name rights disputes.展开更多
Team:IP service o f the CCPIT Patent&Trademark Law Office Trading name of the organization:CCPIT Patent&Trademark Law Office Number of employees:The distribution and protection of overseas intellectual propert...Team:IP service o f the CCPIT Patent&Trademark Law Office Trading name of the organization:CCPIT Patent&Trademark Law Office Number of employees:The distribution and protection of overseas intellectual property is highly specialized and systematic.Some domestic companies do not lack the courage and determination to go global.Still,facing multiple obstacles such as high costs,complex processes,unfamiliar environments,and different systems,it is inevitable that they are feared of the prospects of overseas intellectual property distribution and protection.In this regard,Long Chuanhong gave his 16 words advice:"Leaders pay attention,increase investment,improve the system,and make a rational distribution."展开更多
Nowadays,“intellectual property”is no longer a rarely seen term in China.It appears more and more frequently in various policies and regulations,news reports,and even our daily chit-chats.To put it bluntly,intellect...Nowadays,“intellectual property”is no longer a rarely seen term in China.It appears more and more frequently in various policies and regulations,news reports,and even our daily chit-chats.To put it bluntly,intellectual property is almost“everywhere”!展开更多
Wu Shengwei v.iQiyi and Rongtai Law Firm:final decision on the privacy and personal information infringement case On June 16,the Shanghai No.2 Intermediate People's Court made a final judgment on Wu Shengwei v.iQi...Wu Shengwei v.iQiyi and Rongtai Law Firm:final decision on the privacy and personal information infringement case On June 16,the Shanghai No.2 Intermediate People's Court made a final judgment on Wu Shengwei v.iQiyi and Rongtai Law Firm on privacy and personal information protection disputes.At the beginning of 2020,as a VIP member of iQiyi,Wu Shengwei believed that his purchased VIP membership rights should include the privilege to watch trending drama such as"Joy of Life"firstly on the platform.However,iQIYI's"pay-as-ahead-ondemand"model requires additional payment to watch the latest episodes,which damages the rights of its members.展开更多
If a defendant argues that the use of the licensed logo does not infringe the exclusive right to use the registered trademark,the People's Court shall examine the scope of protection of the licensor's register...If a defendant argues that the use of the licensed logo does not infringe the exclusive right to use the registered trademark,the People's Court shall examine the scope of protection of the licensor's registered trademark.If the type of goods approved for use of the registered trademark used for defense does not include the type of goods requested by the plaintiff,and the alleged infringement mark is the same or similar to the plaintiff’s registered trademark,the defendant’s use of the trademark shall be deemed to infringe the exclusive right to use the registered trademark.展开更多
文摘CNIPA published the"Draft Amendment to Several Provisions for the Regulation of Patent Application(Exposure Draft)"On May 6,China National Intellectual Property Administration(CNIPA)published the"Draft Amendment to Several Provisions Regarding the Regulation of Patent Applications(Exposure Draft)"and its drafting explanations to solicit public opinions.
文摘When it comes to the conflict between trademarks and trade names,it is necessary first to understand the nature of trademarks and trade names.Trademark is a concept known almost universally in modern society,which refers to the mark used to distinguish the goods or services of one operator from those of other operators.On the other hand,a trade name primarily characterizes a relatively fixed place of trade,mainly referring to the geographical or physical location.The trade name is logically older and better suited to the limitations of simple commodity exchange in the traditional acquaintance society of the agricultural civilization.In the past,the business community often had the saying"there is only one shop,there are no other branches",because traditional business activities are limited by the production capacity of products,geography,transportation,communication and other factors,with distinctive geographical characteristics.Even if operators want to set up other branches,they are often unable to do so.This limitation leads to the same brand name in different regions not being confused with each other's market and not affecting each other's interests.
文摘In today's world,science and technology are the primary productive forces,and innovation is the primary engine of development.In order to promote scientific and technological innovation,countries all over the world have formulated patent laws.
文摘Guangzhou Intellectual Property Court,as the only specialized court in China with six permanent technical investigators,has been studying and improving the technical investigation officer system and has explored a specialized model for Guangzhou Intellectual Property Court,which is referred to as“Guangzhi Model”with a team of permanent technical investigators,part-time technical investigators,technical consulting experts and technical consultants.
文摘Docket No.:326,second instance(终),civil case(民),(2020)Zhejiang Higher People's Court(浙)Lower Court Docket No.:1822,first instance(初),civil case(民),(2018)Ningbo Intermediate People's Court of Zhejiang Province(浙02)SUMMARY OF THE ARGUMENT China’s laws do not require that foreign trademarks must be translated into Chinese when parallel imported goods are sold.
文摘Docket No.:3789,second instance(终),civil case(民),(2019)Beijing Intellectual Property Court(京73)Lower Court Docket No.:28643,first instance(初),civil case(民),(2018)Beijing Haidian District People's Court(京0108)Platform data can be divided into public data and non-public data.The illegal capturing of nonpublic data to which access rights have been set is of obvious impropriety.Capturing the data from a platform and storing it may lead to the leakage and infringement of the users'personal information and damage the platform's right to the relevant data,constituting unfair competition;Since it is an unfair act to capture and store the platform data,the subsequent use of such data for display and analysis does not have a legitimate basis as the source of the data is illegal.In addition,if it is impossible to prove that public platform data has been captured through normal channels,the act of capturing the public data also constitutes unfair competition.
文摘Hainan province’s IP exchange market registers 3.7 billion yuan in business volume The Intellectual Property International Exchange of Hainan(IPEH)was opened on August 28,2020.In the past year,the number of intellectual property rights transfer and licensing products such as patents,trademarks,copyrights,and new plant varieties listed on the Hainan Intellectual Property Center has exceeded 180,000 items,with a total amount of more than 3.7 billion yuan,and the amount of completed and intended transactions exceeds ten thousand yuan.
文摘Docket No.:1040,second instance(终),administrative case(行),(2020)01,Wuhan Intermediate People's Court of Hubei Province(鄂)Lower Court Docket No.:431,first instance(初),administrative case(行),(2019)0102,the People's Court of Jiang’an District,Wuhan,Hubei Province(鄂)SUMMARY OF THE ARGUMENT Administrative complaints may form an administrative legal relationship,which should be highly concerned by the administrative authorities.They cannot be replied simply by letter;otherwise they may cause administrative charges against administrative omission.
文摘In business activities,there is an interesting phenomenon sometimes,that is,although the providers of goods or services use their standardized and formal registered trademarks(referred to as"official trademarks"),some people still use the abbreviations,nicknames,translated names or jokes of official trademarks(referred to as"informal appellations")to refer to the official trademarks or their goods or services.For example,"Viagra"used in Pfizer,USA,is called"Weige"by some Chinese people.For Sony Ericsson and Sony Ericsson,some Chinese people call them Sony Ericsson.For the cosmetics brand"LANCOME",some Chinese people call it"Little Black Bottle".KFC is called"Kaifeng Cuisine"by some Chinese people."Twitter"is called"Tuite"by some Chinese people.
文摘A WARM WELCOME TO VIENNA,THE CITY OF MUSIC AND DANCE-ACITYIN MOTION BET WEEN HISTORY AND MODERN TIMES.We are happy to invite you to a Viennese waltz with friends and colleagues from all over the world gathering in the Austrian capital for ECTA's 3gth Annual Conference 2021.You can look forward to following the Lead of IP professionals in sharing the latest trends in trade mark and design law.
文摘Docket No.:1857,second instance(终),civil case(民),(2019)Guangdong Higher People's Court(粤)Lower Court Docket No.:1211,first instance(初),civil case(民),(2017)Guangzhou Intellectual Property Court(粤73)SUMMARY OF THE ARGUMENT If the right holder of a well-known trademark files a civil lawsuit with the court in the course of administrative litigation with the trademark infringer with respect to the validity of the alleged infringing registered trademark and requests the infringed infringer to stop the infringement act and compensate for its loss,the people's court shall accept the case,and shall not reject the case on the ground that it is a dispute between two registered trademarks.In those cases involving the aforementioned issues,the right holder of a well-known trademark is entitled to request the recognition of a well-known trademark and the special protection of the distinctiveness of the well-known trademark,even if the lawsuit is filed by the right holder against the infringement act of using the well-known trademark on the identical or similar goods.
文摘Docket No.:7423,second instance(终),civil case(民),(2020)Hangzhou Intermediate People's Court(浙01)Lower Court Docket No.:10058,first instance(初),civil case(民),(2019)Hangzhou Internet Court(浙0192)The determination of domain name registrants shall be based on the content of publicity and public trust,while the temporary template service in domain name registration shall be comprehensively determined from whether there is an agreement,whether the information of the actual registrant is submitted or updated timely,and whether the personal information is hidden in good faith,etc.Registration service acts that actually hoard and cyber-squat a large number of domain names,and use corporate names interchangeably to confuse the registrant information are acts under the banner of temporary template services but actually malicious cybersquatting behaviors,and should be regulated to purify the current chaos in the domain name registration industry.
文摘With the vigorous development of the live stream industry,copyright infringement disputes continue to occur.If the host presents a copyrighted work of others without permission during the live stream,they shall be liable for infringement without reasonable defense,and the platform that provides the live stream service may also be held accountable.This article introduces in detail the behavior of using other people's works in the live stream situation,the types of rights that the copyright owner can claim,and analyzes the considerations when judging whether the live stream platform is at fault.
文摘NBA Star Michael Jordan Name Right Dispute Case First Instance Sentenced On December 30,2020,the Shanghai Second Intermediate Court issued a verdict of the first instance in the case of former American professional basketball player Michael Jordan v.Qiaodan Sports Company and Bairen Trading Company for name rights disputes.
文摘Team:IP service o f the CCPIT Patent&Trademark Law Office Trading name of the organization:CCPIT Patent&Trademark Law Office Number of employees:The distribution and protection of overseas intellectual property is highly specialized and systematic.Some domestic companies do not lack the courage and determination to go global.Still,facing multiple obstacles such as high costs,complex processes,unfamiliar environments,and different systems,it is inevitable that they are feared of the prospects of overseas intellectual property distribution and protection.In this regard,Long Chuanhong gave his 16 words advice:"Leaders pay attention,increase investment,improve the system,and make a rational distribution."
文摘Nowadays,“intellectual property”is no longer a rarely seen term in China.It appears more and more frequently in various policies and regulations,news reports,and even our daily chit-chats.To put it bluntly,intellectual property is almost“everywhere”!
文摘Wu Shengwei v.iQiyi and Rongtai Law Firm:final decision on the privacy and personal information infringement case On June 16,the Shanghai No.2 Intermediate People's Court made a final judgment on Wu Shengwei v.iQiyi and Rongtai Law Firm on privacy and personal information protection disputes.At the beginning of 2020,as a VIP member of iQiyi,Wu Shengwei believed that his purchased VIP membership rights should include the privilege to watch trending drama such as"Joy of Life"firstly on the platform.However,iQIYI's"pay-as-ahead-ondemand"model requires additional payment to watch the latest episodes,which damages the rights of its members.
文摘If a defendant argues that the use of the licensed logo does not infringe the exclusive right to use the registered trademark,the People's Court shall examine the scope of protection of the licensor's registered trademark.If the type of goods approved for use of the registered trademark used for defense does not include the type of goods requested by the plaintiff,and the alleged infringement mark is the same or similar to the plaintiff’s registered trademark,the defendant’s use of the trademark shall be deemed to infringe the exclusive right to use the registered trademark.
