Disputes on “Geely ” Trademark, Auto Beats Shirt

On November 7, the Kunming Intermediate People’s Court made a judgment of the first instance on a trademark infringement case in which Geely Group Co., Ltd. is the plaintiff, while a company in Kunming making and selling Geely brand shirts is the defendant. The result is that Geely Auto has won, and Geely was recognized as a well-known trademark.

The plaintiff, Geely Group Co., Ltd., is a famous private automobile enterprise in China . It obtained the Geely trademark right in 1998. In November, 2004, Geely Company learned that a company in Kunming was selling Geely brand shirts and using publicity words like Drive Geely Car, Wear Geely Shirt, and Walk on Geely Road (Geely in Chinese means auspicious). And the plaintiff sued the company for ceasing of infringement, compensating for ¥100,000, and apologizing publicly in nationally published newspapers and magazines. The plaintiff also claimed the court’s recognizing Geely trademark as a well-known trademark in China . As the product produced by the defendant is different from that of the plaintiff, when deciding whether the infringement was made, one should firstly affirm that the trademark registered and used by Geely Group is a well-known trademark.

November9, 2005                             Source: www.yntv.cn

US Wallstreet Journal: Chinese Enterprises with More Patents, Modest Innovations

The number of the patent applications submitted by Chinese enterprises to WIPO (World Intellectual Property Organization) in 2004 soared to 1782, with 38% increase from the year before. But that number becomes tiny in comparison with the number of the applications by the US companies, which was 41870.

These applications don’t indicate innovation, because patent rights are limited to specific countries, and some technical patents may have already existed in some other places. However, it can be seen that Chinese enterprises are searching for IP protection more and more actively. Submitting patent applications is a tiresome business, and the average fee of one WIPO patent application is 1250 SF, which is about 1040 dollars.

Gary, an official from WIPO said, although China has just learned to protect its IP, it is becoming a trend. Chinese enterprises are searching for protecting their technology.

November 11, 2005                     Source: US Wallstreet Journal

Two “Du kang” Fight for Design Right

Dukang liquor Company Ltd. in Yichuan, Luoyang City, Henan Province (hereinafter referred to Yichuan Dukang ) and Dukang (corporation) Parent Company in Ruyang, Luoyang City, Henan Province (hereinafter referred to Ruyang Dukang) have been fighting for 20 years about who should own the trademark of Dukang and who is the genuine successor of this antique liquor-making process. In the 1980s, during the eight-year war between Iran and Iraq , the Dukang Trademark Fight reached its climax.

With the long-lasting Trademark Fight still on, the two sides fight each other to the SIPO (State Intellectual Property Office) for invalidation on the design right of the product One-star China Dukang. Although the result is uncertain now, for the SIPO had been actively conciliating the two sides by yesterday, one fact is certain that the fight for trademark has upgraded to a patent war.

November 12, 2005                            Source:Henan Business

Aucma Air-conditioner’s New Design

Aucma (a famous air-conditioner manufacturer in China ) introduced the wooden air-conditioner in 2003. Made from original wood, the wooden air-conditioner is plain but of an avant-courier style. It is a perfect combination of traditional wooden product and modern house-hold electrical appliance, explaining the traditional house-living culture in a simple way. That product has won a plurality of Chinese invention patents, Chinese utility model patents and design patents.

In order to satisfy individual needs, many fashion elements have been added to the design of the new products of Aucma for 2006 catering for the taste of consumers. It is said that the series of products, including 50 types of 7 groups of wooden air-conditioners and utility new products, are going to enter the market in succession in every places in late November this year. On the basis of the designs of former four groups of products, some types of wooden air-conditioners use piercing technology etc. to make the ancient characteristic more beautiful and unique.

November 16, 2005                          Source: Market (newspaper)

Supreme Court Recently Asking for Advice On Explanation for Some Questions about the Suitable Laws on Trails Concerning IP Right Conflict and Unfair Competition Civil Dispute Cases

The Supreme People’s Court has publicized four judicial explaining drafts, seeking for amendment advice and suggestions publicly from the entire society, and the four drafts are: The Explanation of the Supreme People’s Court for Some Questions about the Suitable Laws on Trails Concerning Unfair Competition Civil Dispute Cases (Asking for Advice), The Explanation of the Supreme People’s Court for Some Questions about the Suitable Laws on Trails Concerning IP Right Conflict Civil Dispute Cases (Asking for Advice), The Explanation of the Supreme People’s Court for Some Questions about the Suitable Laws on Trails Concerning MTV Copyright Civil Dispute Cases (Asking for Advice), and The Explanation of the Supreme People’s Court for Some Questions about the Suitable Laws on Trails Concerning Infringement on New Plant Species Right Dispute Cases (Asking for Advice).

The judicial explaining draft about unfair competition mainly concerns counterfeit action, false propaganda, commercial decrying, infringement on commercial secret, and civil liability etc. The judicial explaining draft about new plant species infringement mainly concerns litigation subject，principle of judging infringement, expert evaluation, and civil liability, etc. The judicial explaining draft about IP right conflict mainly concerns the IP right conflict of dispute in authorization of a registered trademark, the right conflict between names of enterprises and the right conflict between a name of one enterprise and another enterprise’s registered trademark, etc. The judicial explaining draft about MTV copyright mainly concerns the application of law of MTV copyright infringement and civil liability, etc.

The deadline for this advice-asking is January 1, 2006 . To air your opinion, please click: http://chinacourt.org/wsdc/

November 18, 2005        Source: PeopleDaily. com