Two PARKER pen trademark infringement cases were mediated in Beijing

On April 25, the Second Intermediate People's Court of Beijing held a court to hear a dispute in which the PARKER pen limited company accused that LIHUA business plaza and ZHONGTIE unit sales LTD.’S shopping center infringe Parker’s exclusive right to use the registrant trademark. Under the charge of collegiate bench the two sides’ plaintiff and defendant of the two cases came to agreement respectively.

The plaintiff Shanghai PARKER pen LTD. accused that they are the legal user of “PAKER” and the PARKER’s figure, and the defendant sold the commodity which infringed the above-mentioned exclusive right to use the trademark. PARKER company claimed that the court should stop the defendant from selling infringement commodity immediately, and pay the plaintiff economic losing for RMB 100 thousands and the suit payout in reason RMB 800.

The defendant, Beijing LIHUA business plaza, argued that the plaintiff lacked fact and legal basis to ask for 100 thousands, the PAEKER pen they sell is stocked through legal way and they lack the ability to distinguish from true and false. What’s more they had stopped selling PARKER pen.

The court made a decision, and the two sides of the party came to agreement at the court. The defendant, Beijing LIHUA business plaza，promised that they wouldn’t sell infringe rights goods involved, and pay ten thousands yuan for the plaintiff for economic losing.

Later, in the charge of the court, the plaintiff and the defendant of another case, Beijing Zhongtie association sales company achieved the same agreement.

April 25, 2006                            Source: www.chinacourt.org

National intellectual property rights bureau system government web portal opened on 26^th April, the intellectual property rights day

Yesterday, on the sixth world intellectual property day, after more than one year’s preparation, the government web portal (www.sipo.gov.cn) of the intellectual property system opened at 9:00 AM on time.

The new website emphases on information spread, convenient services for people and intercommunion function. The homepage addes many functions of convenient service for people, such as opinions’ feedback, expenses inquiry, the information of outgoing message inquiry, patent certificate inquiry and the affair proclaim inquiry and so on. In the future construction, the website will set up on-line intercommunion column like “intellectual property forum” gradually, so as to increase the communication between the SIPO and the public and improve the service image and service level of the SIPO.

The meeting for inquiring opinions from enterprises of home and abroad on the amendment of the Guidelines for Patent Examination was held

In order to carry out the general director Tian Lipu’s direction that the amendment of the examination guide should proceed in the manner of open and clarity, and also hear opinions and suggestions from all fields of the society, especially from the industry field on the amendment of the Guidelines for Patent Examination, in the morning of April 25 the SIPO held a consultative meeting facing the domestic corporation and the foreign corporation in china, and invited some principals and law experts of the domestic corporation and the foreign corporation in china. the SIPO introduced the amendment of the examination guide and listened to their suggestions. There were totally 22 corporations presenting at the meeting, such as IBM, ZHONGSHIHUA, Commercial brace up organ of Japan, NISSAN CHINA LTD., Panasonic Electricity, SANLING Electric, Intel CO., PHILIPS, GLANSU, GAOTONG CO. etc.

Chinese traditional medicine from Japan and Korea occupies international market

On the basis of “Liushen pellet”, Japan invented “save heart pellet” , the sales amount is nearly one hundred million USD per year; the “bezoars clear heart pellet” is also comes out from our country’s “bezoars clear heart liquid”, the product value closes to one hundred million USD per year….On the 2006 high level forum of protecting intellectual property held yesterday, many experts pointed out that the protection of Chinese traditional medicine is becoming the most weakness aspect, the loosing of flock of intellectual property puts our traditional medicine industry into the exist crisis.

According to the statistic by the WHO, nowadays the sales amount of the world herbal medicine market is over 16 billion USD, in which Japan and Korea occupies 80%-90%, our export amount of Chinese traditional medicine preparation is around 0.1 billion USD, only occupies 3%-5% of it.

Jiangyun, the board chairman of Sichuan medicine LTD., argues that before the mode of intellectual property patent protection of Chinese traditional medicine becomes mature, we can adopt the rule of protection of regional product. So called regional product refers to the product produced by using special material in the special area, and with special regional mark. There are many national prime products like Maotai wine, Longjing tea and Shaoxing wine all belong to such kind of products.

The book of “Trademark Examination and Cognizance Standard” published

Recently, the Trademark Office of state Industry and Commerce Administration Bureau and the Trademark Review and Adjudication Board co-edited and published the book “Trademark Examination and Cognizance Standard”. According to the revised "Trademark law" in 2001 and the promulgated "Trademark law Implementation Rule" in 2002, on the basis of the “guideline of trademark examination” established in 1994 by the Trademark Office and the “basic rule of trademark judge (try out)” established in 2001 by the Trademark Review and Adjudication Board, with many years trademark examination and cognizance practice, and by using the trademark examination standard from abroad for reference, the Trademark Office and the Trademark Review and Adjudication Board stipulated for the “trademark examination and cognizance standard”, and published the book in December, 2005 with the state Industry and Commerce Administration Bureau’s authorization.

If you need the book “Trademark Examination and Cognizance Standard”, please contact the trademark office (Tel: 010-88651704).