(By You Yunting) Large number of business opportunities have arisen from the rapid development of wireless and mobile technologies. As a result, new startups appear one after another, scrambling for these opportunities. However, the faster a market grows, the fiercer competition it involves. The process of Entrepreneurship is a race with other outstanding entrepreneurs, in which they use reasonable efforts to gain competitive advantages and win their rivals. If properly used, intellectual property rights can be very helpful in creating advantages. Here, let’s talk about what advantages can startups create by using intellectual property.
(By You Yunting) Introduction to the case:
Appellant (plaintiff at first instance): Hi-Trend Technology (Shanghai) Co., Ltd (the “HTT”)
Appellant (defendant at first instance): Shenzhen Rui Micro-Technology Inc. (the “RMT”)
Respondent (defendant at first instance): Shanghai Yachuang Electronic Component Co., Ltd. (the “YEC”)
Court of first instance: Shanghai No.1 Intermediate People’s Court No.: (2010)沪一中民五(知)初字第51号
Court of second instance: Shanghai Higher People’s Court No.: (2014)沪高民三(知)终字第12号
(By You Yunting)Introduction to the Case:
Appellant (Defendant at first instance): Jiangsu Xunong Seeds Science and Technology Co., Ltd (the “Xunong”)
Respondent (Plaintiff at first instance): Tianjin Tianlong Seeds Science and Technology Co., Ltd (the “Tianlong”)
Court of first instance: Nanjing City Intermediate People’s Court No.: (2009)宁民三初字第63号
Court of second instance: Jiangsu Province Higher People’s Court No.: (2011)苏知民终字第0194号
On November 10, 2000, a new three-crossbreed hybrid japonica rice named “9优418”, jointly cultivated by the Liaoning Rice Research Institute (the “LRRI”) and the Xuzhou Academy of Agricultural Sciences (the “AAS”), was approved by the National Crop Variety Approval Committee of China (the “NAVAC”).
(By You Yunting)Abstract: The Yunnan Baiyao Group Co., Ltd had used its good historical reputation, its customer’s curiosity about its ingredients and the protection afforded to a state-secret recipe to make large profits. However, with the proliferation of awareness of an individual’s rights and the gradual strengthening of democratic consciousness, its enterprise institutions and culture are eroding consumer confidence in the brand and ruining its business reputation in the eyes of consumers.
(By You Yunting) Malicious litigation refers to instituting a lawsuit through fictional facts and falsified evidences for the purpose of receiving unlawful benefits. In today’s post, we will introduce some provisions about malicious litigation in intellectual property laws and civil procedure law in China.
I. Provisions on wrongful litigation injunction can be applied into malicious litigation.
In litigations concerning patent, trademark and copyright, the right holder always applies for such litigation injunctions as termination of infringement, evidence preservation and property preservation. Where the court approved the application, if the litigation is proved to be malicious, the respondent may require the applicant to compensate for such losses. Article 13 of the Several Provisions of the Supreme People’s Court on the Issues Concerning the Application of Law to Terminating Infringement upon Patent Prior to Litigation stipulates that:
(By George Wu) Another important case concerning biotechnology was decided last year at the US Supreme Court: Mayo Collaborative Servs. v. Prometheus Laboratories, Inc., 132 S. Ct. 1289 (2012)
Prometheus Laboratories (“Prometheus”) had obtained a patent for a method of determining the optimal dosage of the drug thiopurine, which is used to treat auto-immune disorders. The use of thiopurine in the treatment of disease was not a new discovery, but the use of the drug had been made difficult by the fact that thiopurine is metabolized at different rate in different people. Accordingly, the same dosage could be too low to be efficacious in one patient, while too high and toxic in another patient. Prometheus made the discovery that by assaying for the metabolites of thiopurine, the rate of metabolism could be determined and the dosage could be adjusted according to the patient.
(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.
(By Luo Yanjie) Abstract: After the official publication of an application for a patent of invention, the applicant may demand the entity or individual exploiting that invention to pay an appropriate fee, but is not entitled to prevent others from using the patent. After grant of patent rights by the patent office, the applicant has no right of demanding the subsequent entity or individual to pay an appropriate fee. In today’s post, our case is involved in the 2011 Min Ti Zi No. 259 Civil Judgment of the Supreme People’s Court’s
(By Albert Chen) Past essays on this websites have introduced the design patent dispute between Honda Motor Co., Ltd. (“Hongda”), Hebei Xin Kai Auto Manufacturing Co., Ltd. (“Hebei Xin Kai”) and Shuanghuan Auto Co., Ltd. In another dispute involving Hongda and Xin Kai, the Supreme People’s Court has rendered a decision on jurisdiction. This dispute deserves attention and will be introduced in today’s post.
In 2005, Hongda and Dongfeng Hongda Auto Manufacturing (Wuhan) Co., Ltd. (“Dong Feng”) filed a lawsuit in the Beijing Higher People’s Court (the “Beijing Higher Court”), claiming that Hebei Xin Kai, Gaobeidian Xin Kai Auto Manufacturing Co., Ltd. (“Gaobeidian Xin Kai”), and Beijing Xin Sheng Bai Li Auto Trading Co., Ltd. (“Beijing Xin Sheng”) infringed their design patent. The Beijing Higher Court accepted the case.
Comments on a Shareholder’s Qualification Case Arising out of Technology Investments
(Steven Wang) Recently, the author has represented parties in a shareholder’s lawsuit, with the dispute centering on IPR investment. The court has already heard the case. The property value involved in the lawsuit totaled as high as RMB 300 million Yuan, and the laws applied in its hearing involved IPR law, contract law, and corporate law. The focus of the dispute referred to the patent, exclusive technology, contribution, revocation of shareholder qualification and the application of law when a number of conflicts arise among these different areas of the law. These conflicts have caused a lot of discussion regarding these legal conflicts, and several conclusions have been reached regarding issues presented in the case.
I. The Supreme People’s Court and Local People’s Courts Successively Released White Books on Judicial Protection of Intellectual Property in 2012 and Model Cases.
On April 22, before World Intellectual Property Day, the Supreme People’s Court released the White Book on Judicial Protection of Intellectual Property By Chinese Courts in 2012 (the ”White Book”) and Model Cases embodying new Issues related to intellectual property protection.
Afterwards, the local people’s courts successively released local white books on local intellectual property protection and local model cases. On April 25, the Shanghai High People’s Court held a press conference and released the White Book of the Shanghai People’s Court on Intellectual Property Adjudication in 2012 and Ten Key Cases.
(By Albert Chen) Past essays on this websites have introduced the design patent dispute between Honda Motor Co., Ltd. (“Hongda”), Hebei Xin Kai Auto Manufacturing Co., Ltd. (“Hebei Xin Kai”) and Shuanghuan Auto Co., Ltd. In another utility model patent dispute involving Hongda and Xin Kai, the Supreme People’s Court has rendered a decision on jurisdiction in design patent disputes. This dispute deserves attention and concentration and will be introduced in today’s post.
Record III of the Visit to New York
(By You Yunting) From late of March, the author visited the US at the invitation of the US government in order to get a better understanding of how the US IPR system operates. On Monday of the second week there, the author visited Wiggin and Dana LLP and Pryor Cashman LLP, two New York law firms. The law offices visited on that day were all in New York’s central business district and had spacious offices, with luxurious decorations, and the view outside was all of beautiful river scenery or of the Apple Countdown. The following is the record of that day’s visit.
You may click here for the simplified version of this post, if you feel the current one is too long to read.
On June 30, 2003, the Plaintiff FIAT AUTO S.P.A (“FIAT”) applied for a design patent named “automobile” with the State Intellectual Property Organization (the “SIPO”). That application was approved on May 19, 2004 with patent number ZL03353217.6 (the “Patent”).
In November 2006 and April 2007, Great Wall Motor Company Limited (GWM) exhibited its vehicle, the “GreatWall Jingling” in the Beijing Auto Show and Shanghai Auto Show. FIAT alleged that the vehicle exhibited by GWM infringed upon its patented design, and subsequently filed a lawsuit in the Shijiazhuang Intermediate People’s Court, demanding an apology and compensation.
(By Albert Chen) Brief of the case:The Louis Vuitton Company (the “LV Company”) holds the rights to the “LV” trademark in Mainland China, and it registered the trademark “LV” as early as January 15, 1986. At present, the term of protection of the mark has been extended to January 14, 2016. The registered classes for the “LV” trademark include toys, Chinese checkers, Backgammon, golf gloves, etc. On November 13, 2003, Guo filed an application for a patented design called “Mahjong (23)”, and the application was approved and published on July 14, 2004. The published patent includes 5 pictures, which contain the front view, left view, back view, top view and three-dimensional views. Among them, the front view contains an image consisting of the letters “L” and “V.”