AFD China Won Asia IP Awards 2020
Recently, the reputable intellectual property magazine Asia IP published the winners of the latest Asia IP Awards.
Because of "comprehensive, spot-on and one-stop services" and good feedback from existing clients, AFD won the title of "Patent Firm of the Year".
http://afdip.com/index.php?ac=article&at=read&did=3619
Law and Juridical Interpretation for Public Comment
http://www.npc.gov.cn/flcaw/userIndex.html?lid=ff80808171ba0ccc0171be96df3a02b0
http://www.court.gov.cn/zixun-xiangqing-227631.html
SAMR Details IPR Protection Tasks for 2020
The plan called for further improvements in law enforcement to make the process more effective and professional, with enhanced cross-regional cooperation and tougher punishments on illegal activities.
More focus will be placed on major marketplaces with frequent IPR infringements and the Internet, as well as on commodities that concern public health and safety.
In recent years, Chinese authorities have intensified crackdowns on IPR infringements. The country now ranks the 14th in the global innovation index issued by the
http://english.cnipa.gov.cn/news/iprspecial/1148239.htm
Survey Shows People's Satisfaction on
Results showed that the country scored 78.98 out of 100 in terms of overall IP satisfaction last year, up 2.1 points from 2018. Among the respondents, rights owners were the most satisfied.
Most people surveyed expressed hopes of further crackdowns on infringements and an increase in the efficiency and amount of compensation for infringement damages.
http://english.cnipa.gov.cn/news/iprspecial/1148592.htm
SUPPLEMENTARY ISSUE
Guangzhou IP Court Sides with Italian Furniture Maker in Design Patent Dispute
Recently, Guangzhou IP Court made a first- instance judgment on a design patent infringement case between the Italian company Giovannoni Design S.R.
In October, 2015, Giovannoni filed the application of the patent in dispute to the then- State Intellectual Property Office (SIPO), which would be granted on
At the beginning of 2019, Giovannoni found that LED colorful and glowing- rabbit chairs, children's stools and creative bar stools as props for large- scale activities during Mid-
Guangzhou IP Court held that the patent products are chairs, belonging to furniture. The alleged infringing products are called glowing rabbit shaped chairs in
The Court made the above-mentioned judgment after a comprehensive consideration of the patent type, the popularity of the patent products, the nature and situation of
After the first-instance judgment,
http://english.ipraction.gov.cn/article/tc/202005/310892.html
AVIKO Catches a Break at Second Instance over TM Registration
AVIKO, a renowned Dutch potato food maker, filed an application for registration of the No.24384025 ?????? AVIKO TULIP and its figure trademark in 2017, but would see denials one after the other, leaving the Dutch company on a warpath to reverse them.
On
After examination, the former TMO rejected the application of the trademark in dispute. According to the TMO document, the trademark in dispute constitutes similarity with No.12258410 ??? and its figure, No.18097228 ???, No.4958837 ??? TULIP and its figure, No.7152229 ???, No.9880152 ??? DOPTOP TULIP FOOD and its figure, No.19772528 ??? and its figure, No.930632 ? ? ?, No.G908979 TULIP and its figure, No.G1070749 TULIP, No.13321374 TULIP and its figure (the I to X cited trademark) when used on the same or similar products.
The disgruntled AVIKO then pled a request for review to the former Trademark Review and Adjudication Board (TRAB).
On
AVIKO then brought the case to Beijing IP Court.
The IP Court held that the identifiable letters of trademark in dispute are AVIKO TULIP, which constitutes similarity with the cited VIII and X trademark in letter composition as their identifiable letters are TULIP. So the court dismissed AVIKO's claim, holding its registration may cause confusion among the public.
AVIKO then brought the case to
The court of second instance held that the trademark in dispute was similar to the cited VIII and X trademarks in terms of letter combinations and structure, and was used on similar goods. However, in view of the fact that AVIKO submitted the relevant trademark coexistence agreement during the second-instance trial, and that the trademark in dispute was certified to be used on potato pancakes and other goods, there was no evidence to prove that the coexistence of the disputed trademark and the VIII and X cited trademarks would prejudice the public interest. In summary, the court evacuated the first instance judgment and the review decision made by the former TRAB, and ordered
http://english.ipraction.gov.cn/article/tc/202005/312628.html
AFD China Newsletter is intended to provide our clients and business partners information only. The information provided on the newsletter should not be considered as professional advice, and should not form the basis of any business decisions.
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