Bridge IP Law Commentary - Page 18 of 64 - Your Guide to China IP Law！

Unilever Defeats Squatting of POND’S Trademark in China

Posted on March 13, 2014 by yytbest

(By Luo Yanjie) Today we will introduce a typical example of a trademark squatting case. Unilever recently succeeded in defeating trademark squatting after it undertook a nine year objection to prevent a similar trademark from being registered under a different class.

Case introduction:

On May 28, 2003, Mr. Shi filed a personal application for “POND’S/ 旁氏” (the “disputed trademark”) under Class 5 for tonics (medicine), baby milk powder, air fresher, sanitary napkins and dental lacquer. However, in the period of trademark opposition for primary publication, Unilever filed an opposition, alleging that its prior registered “旁氏/POND’S” trademark (the “reference trademark”) had become a well-known trademark in China. Unable to achieve a supporting judgment from the Trademark Office and the Trademark Review and Adjudication Board (the “TRAB”), Unilever brought the case to the court.

DNA Composition Claim in the US

Posted on March 12, 2014 by yytbest

(By George Wu) Last year, I wrote an article entitled “Can Genes Be Patented?” referring – at that time – to the impending U.S. Supreme Court decision. The following article is a summary of the prior history and the decision by the U.S. Supreme Court concerning the patenting of DNA.

From the 1980s, scientists from around the world started to search for specific genes that were associated with increased hereditary risk for breast cancer. By 1990, two genes, BRCA1 and BRCA2, were discovered that if they had specific mutations/alleles would impart an increased risk for breast cancer in women.

Are Zong Qinghou’s Proposed Trademark Reforms Viable?

Posted on March 11, 2014 by yytbest

(By You Yunting) Recently, Chairman Zong Qinghou of Hangzhou Wahaha Group, acting as NPC representative (NPC refers to National People’s Congress), proposed a draft proposal revising the Trademark Law and strengthening the protection of well-known trademarks. We have previously introduced this case in the article Wahaha Group suing KMPG in China, please read this post for further background information. In my opinion, his draft indicates that Chinese entrepreneurs have already found that the growth of Chinese enterprises will be limited unless they improve the standard of protection offered under intellectual property rights law. However, his draft only focused on the intellectual property rights protection of the Wahaha Group, did not account for the interests of the public, and required special protection for the Wahaha Group beyond conventional protection from the government. As such, his draft is not practical.

China Laws and Regulations Update in March 2014

Posted on March 10, 2014 by yytbest

1. The State Council has begun circulating the “Registered Capital Registration System Reform Plan”

On February 7^th, 2014 the State Council issued the Registered Capital Registration System Reform Plan (the “Plan”) with the purpose of promoting the development and efficiency of business registration systems.

The Plan makes it clear that requirements for registered capital of companies applying to be incorporated will be lowered. However, minimum registered capital restrictions could remain applicable to companies in given industries subject to relevant laws, administrative rules and decisions made by the State Council. The new guidelines stipulate that the minimum registered capital restrictions of RMB 30,000 on limited companies, RMB 100,000 on solely- owned limited companies and RMB 5,000,000 on stock-limited companies will generally be lifted. Additionally, restrictions on the proportion of registered capital that is initially subscribed by all shareholders (or initiators) upon incorporation of a company as well as the proportion of registered capital subscribed in cash by all shareholders (or initiators) to the total registered capital of a company will be lifted. The duration of existence for a company with registered capital not fully paid by its shareholders (or initiators) will also no longer be limited.

Outcome of Unfair Competition Dispute between Tencent QQ and Qihoo 360

Posted on March 7, 2014 by yytbest

(By Luo Yanjie) Recently, there has been a widely tracked case as to whether 360’s QQ Guard engaged in practices which constituted unfair-competition against Tencent (3Q battle for short). The Supreme People’s Court has made a judgment affirming the initial judgment, deciding that 360’s QQ Guard engaged in unfair competition against Tencent. We have already introduced the case and discussed the comment on the original judgment. Even though the Supreme Court upheld the original judgment, the statement in the judgment of second instance, backed by the Supreme Court, impressed us with its deepened understanding of unfair competition in the era of internet. We will combine the judgment with analysis for our readers in the following article to help you understand the implications.

Uber’s China Imitator Didi Taxi Meets Trademark Problems

Posted on March 5, 2014 by yytbest

(By You Yunting) In China, there are two apps similar with Uber, i,e, Didi Taxi and Kuaidi Taxi. According to news reports, recently, a Hangzhou-based company wondered that Didi Taxi (English-transliterated from Chinese“嘀嘀打车”), a popular taxi booking apps in China, has infringed the exclusive right to its trademark under Class 9. (note: the link is in Chinese). But the operating company of Didi Taxi has no response.

How Samsung Obtained Its Camera Trademark Under Class 9 Through Litigation in China

Posted on March 4, 2014 by yytbest

(By You Yunting) Initially in its application, SAMSUNG failed to obtain its Chinese-transliterated trademark for cameras by virtue of a prior-registered trademark under Class 9 for screen products.

China Customs Requires that Patent Holders Update their Valid Certificates

Posted on March 3, 2014 by yytbest

(By You Yunting) We have already introduced today’s topic in our previous post how to record patents with China Customs. For more background information, please read this article first. Recently the Chinese General Administration of Customs has updated its previous recordation system for intellectual property rights enforcement and began to utilize this latest recording system from March 1, 2014. This updated recording system puts forward a new requirement that upon patent recordation, the right holder of a patent that has been recorded by Customs must present valid documents of the relevant patent rights before the given deadline, otherwise the patent recordation will be canceled.

China Supreme Court legalizes Part of Corporate Lending

Posted on February 28, 2014 by yytbest

(By You Yunting) China’s financial system is restricted regulated. Private corporate lending contracts, whereby an enterprise without qualified financial credit lends money to another enterprise is considered to be invalid, and China’s courts would order the lenders return the original amount of money without any interest. Recently, the President of Supreme People’s Court Xi Xiaoming delivered a speech at the National Civil and Commercial Adjudication Work Conference, indicating that the courts have recently begun to expand the validity of corporate lending and are attempting to legalize corporate lending contracts.

China Court Decision Repeals TRAB’s Ruling for Unified Review Standard

Posted on February 27, 2014 by yytbest

(By Luo Yanjie)Abstract: Pursuant to Chinese Trademark Law, those applications having unhealthy influences shall not be used as trademarks. “Unhealthy influences” refers to a negative, or inactive influence that may detrimental to the interests and social order of the public, including political, economic, cultural, religious and ethnic allusions which are a registered trademark itself or a mark that is applied to goods or services. However, the Chinese Trademark Office should have a consistent attitude regarding the trademark adjudication standard for these unhealthy influences.

Lessons to Be Learned from Apple Losing Their Apple Trademark for a Game Console in China

Posted on February 26, 2014 by yytbest

(By You Yunting) In the end of 2013, the Beijing Higher People’s Court rejected Apple Inc.’s trademark opposition towards “苹果” trademark (read “Pingguo” in Chinese and referring to “Apple” in English) under Class 28 for game console against Zhongshan Readboy Electronics Co., Ltd. Thereafter, Apple Inc. has gone through 4 procedures, including the Trademark Office’s opposition proceeding, TRAB’s review procedure and two administrative actions and ultimately lost the “苹果” trademark under Class 28 for game console. The following are abstracts from the judgment of the final trial and our comments.

Haidian Court Issued a Copyright Litigation Injunction Preventing Competitor from Broadcasting I am A Singer

Posted on February 25, 2014 by yytbest

(By You Yunting) We have already introduced litigation injunctions regarding patent, trademark and trade-secret proceedings in our previous posts. Today we would like to introduce a copyright injunction that Haidian District Lower People’s Court issued a copyright litigation injunction to prevent Funshion.com from copyright infringement of I Am a Singer (a popular Talent Show in China).

Introduction to the Case:

Plaintiff: Letv.com

Defendant: Funshion.com

Court:Haidian District Lower People’s Court

China Laws and Regulations Update in February 2014

Posted on February 24, 2014 by yytbest

Seven laws, including the Company Law, the Customs Law, etc. Are Amended

On 28 December 2013 the Standing Committee of the National People’s Congress adopted the Decisions on Amending Seven Laws of the People’s Republic of China, including the Marine Environment Protection Law, the Drug Control Law, the Metrology Law, the Fisheries Law, the Customs Law, the Law on Tobacco Monopoly and the Company Law.

The amendments to the Marine Environment Protection Law, the Drug Control Law, the Metrology Law, the Fisheries Law, the Customs Law, and the Law on Tobacco Monopoly entered into force upon promulgation and the amendments to the Company Law will be effective as of 1 March 2014.

Signals from Latest Company Law Amendment

Posted on February 21, 2014 by yytbest

(By Bai Lituan) On December 28, 2013, the 6th Meeting of the Standing Committee of the Twelfth National People’s Congress approved the Amendment to the Company Law of the People’s Republic of China. The Amendment has three highlights: replaced the paid-in system with the registered capital to-be-paid-in system, decreased requirements for capital registration and simplified registration items and files. No doubt amendment to laws aims at meeting the demand of economic development, then what did this Amendment to the Company Law positively signal?

A Brief Analysis of the 2013 Amendment to the China Company Law

Posted on February 20, 2014 by yytbest

(By Yu ZhiYuan) On 28 December 2013, the decision on amending the previous company law was promulgated by the National People’s Congress. The amendment this time will concentrate solely on changing the corporate capital system dramatically in the following three ways. First, the registered capital to-be-paid-in system will be launched. Second, the minimum registered capital will no longer be required. Third, the maximum proportion of intangible assets to the total registered capital will no longer be required. Obviously the amendment was made as a response of legislative authorities to the resolutions approved at the Third Plenary Session of the Eighteenth Central Committee. This article provides an analysis and brief comments on the amendment.