Danfoss Group Wins Final Instance of Trademark Infringement Case

    After a legal process lasting more than two years, Danfoss has won a final victory in a case concerning that Zibo Danfosi Control Instruments Co. Ltd infringed its trademark. The Beijing Higher People's Court rejected the appeal of the appellant and maintained the first instance judgment.

    With headquarter locating in Denmark, Danfoss is a manufacturer of large precision machineries, electronic components and intelligent electromechanical devices. In 2005, Danfoss found that Shandong Zibo Danfosi Control Instruments Co. Ltd registered its trade name as "丹佛斯" and sold products with the representation of "丹佛斯" in the market, which, in Danfoss Group’s opinion, brought damage to the reputation of Danfoss. Therefore, in April 2006 Danfoss instituted a proceeding before the Beijing 2nd Intermediate People's Court. In December 2006, the Beijing 2nd Intermediate People's Court ruled that the defendant should stop the act of trademark infringement and compensate 150,000 RMB yuan for the plaintiff's loss.

    The defendant appealed to the Beijing Higher People’s Court in early 2007. Recently, the Beijing Higher People's Court made the final judgment and maintained the first instance judgment.

    August 10, 2007                    Source: China Intellectual Property News

Want Want Food Ltd. Applying for Authorization of “Want Want” as a Well-known Trademark

    Recently, Beijing Chaoyang District People’s Court accepted and heard a case that Beijing Want Want Foods Ltd. sued Beijing Lawson Vehicle Decoration CO.LTD for infringing its trademark. The plaintiff requested for authorization of “Want Want” as a well-known Trademark.

    The plaintiff, Beijing Want Want Food Ltd., appealed that, I Lan Foods Industrial Co.,Ltd. had legally registered the trademark “Want Want” and authorized its use, mainly on cakes, puffed food and the like, to Beijing Want Want food Ltd.,

    In February, 2007, the plaintiff found the defendant selling lubricant marked “Want Want”and meanwhile presenting double-layer vacuum glasses marked “Want Want”as gifts. While the trademark“Want Want” has become a well-known brand after many years’use and popularization of the plaintiff.

    The defendant’s behavior has infringed the plaintiff’s right. The plaintiff had called and asked the defendant to stop infringing, but was ignored by the defendant. So the plaintiff had to bring the suit before the court, apply for authorization of “Want Want” as a well-known trademark, and requested for a judgment ruling that the defendant shall stop infringement and compensate for the plaintiff's loss.

    August 3, 2007                            Source: China Court Web

WIPO report shows patent applications increase in China

    The patent applications in China have leaped to the third place in the world from last year’s fourth place, as shown in the Patent Report (2007 edition) released on the official website of the World Intellectual Property Organization(WIPO).

    According to the WIPO’s Report, the largest recipients of patent filings are the patent offices of Japan, the United States, China, South Korea and the European Patent Office. These five offices accounted for 77 % of all patents filed in 2005 (with an increase of 2% over 2004), and 74% of all patents granted in the whole year. The patent applications in China in 2005 increased by 33% compared with those in 2004, ranking the third in the world.

    The Report shows that worldwide filings of patent applications have grown at an average annual rate of 4.7%, while in northeast Asia, especially in China and South Korea, the rate is far ahead of the average. This report is based on the data in 2005 when WIPO acquired related complete data in the global range. The Report also discloses that, Patents granted worldwide have increased at an average annual rate of 3.6% with a total of about 600,000 in 2005. At the end of 2005, there were approximately 5.6 million patents in force worldwide.

    August 11, 2007                    Source: China Intellectual Property Web

China's Average Period of Patent Examination Is the Shortest

    In recent days, the State Intellectual Property Office held a report meeting on patent examination work in Beijing. Vice Commissioner of the SIPO He Hua attended and addressed the meeting, claiming that the average period of patent examination of the SIPO is the shortest one throughout the world.

    According to the statistics, in the first half of 2007, the three types of applications, including inventions, utility modes and designs, reached 268,926, increasing by 7.3% against the same period of last year, wherein the number of inventions was 104341, increasing by 6.9% against the same period of last year, and PCT international application increased to 2,045 from 1,528 in the same period of last year, increasing by 33.8%.

    In last several years, applications for invention patents in China ranked the third of the world following the U.S. and Japan, deserving the title of great power of patent applications. Meanwhile, in the first half year, conclusions of applications and invalid reexamination quests of three types of patents by the SIPO increased dramatically. With regard to substantial examination conclusion period, since 2005, the SIPO overran the United States Patent and Trademark Office and became the IP Office with shortest period of examination. Besides, the SIPO ranked the third largest IP Office across the world after the United States Patent and Trademark Office and the European Patent Office from 2006 in terms of human resources.

Beijing destroys 40,000 fake Olympic products

    On the morning of August 4, Beijing Bureau of City Administration and the Legal Affairs Department of the Beijing Organizing Committee jointly launched an activity of "protecting the Olympic Games' intellectual property rights and resisting infringing products."The city administration departments exhibited 40,000 stuffed toys, key chains, badges and other products violating intellectual property rights seized this year, with the Olympic rings logo, Beijing Olympic emblem, mascot and slogan on them. After the activity, those counterfeit articles were sent to the specific site to be destroyed.

    Volunteers of the city administration also proposed the public to protect the Olympic Games' intellectual property rights, purchase standard Olympic goods and report illegal infringement. They appealed to the Beijing citizens to start by themselves, not to buy or sell fake Olympic products, not to support or shelter the infringers; meanwhile to support the law enforcement departments’ investigation, and report to relative departments such as Bureau of city administration once finding out infringements.

    August 11, 2007                                Source: Beijing Daily