Category Archives: Protection

State Intellectual Property Office Actually Only Be in Charge of Patent Matters in China

The Introduction to the IPR Administrations in China

We find that it remains unclear to most foreign friends that the division among the administrations managing IPR in China. Actually, it also puzzles local people for it’s hardly to judge the specific function of the administration from its name, for example, the State Intellectual Property Office is in charge of patent management, the industry and commerce administration for trademark, and the Copy Right Office, the managing organ for copyright, is also known as the administration of press and publication. (the image above is the logo of the administrations mentioned in this post)

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In China, It’s Easy to Be Put in Jail for IPR Infringement

The introduction on the minimum standard of IPR crimes

As the country being most frequently blamed for its intellectual property rights infringement, China has strengthened its legislature in IPR to wash its mud stuck reputation, though the enforcement of such laws still contains defect, any infringement against IPR could bring the criminal liability. In fact, many infringed companies have jailed the infringers for intellectual property infringement, such as the Microsoft against the author of “Tomato Garden”, Microsoft piracy and the IFPI against the owers of the “Knight Music”. Today, Bridge IP Law Commentary will introduce the regulations regarding to the lowest standards for crimes of trademark, copyright, patent and trade secret infringement. (the image above is the install CD of Tomato Garden)

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Where Apple’s Confidence Comes from in iPad Trademark Dispute?

For the battle between Apple and Proview, we think the only way to guarantee the mutual benefit is the conciliation, in which Apple could continuously use the iPad trademark and Proview could gain the transfer fee thereby, otherwise it will leave nothing for the creditors of Proview while Apple still holds its leeway.(the image today is the showcase of a Apple retailer in Shanghai)

On the evening of 14th February, Apple pulled iPad from Amazon China and halted its stop. Also Apple stated that “We bought Proview’s worldwide rights to the iPad trademark in 10 different countries several years ago. Proview refuses to honor their agreement with Apple in China”. All these show that Apple determines to hold its hard line in the battle over the iPad name, and even may stop the sale of the device. Then why shall Apple be so hard? The reasons may be the follows:

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iPad Trademark Dispute: Amazon China Stops Selling iPad on Demand of Apple

As reported by Sina Tech, Amazon China (NASDAQ: AMZN) and Suning (SZSE: 002024), one of the major home appliance retailers in China, withdrew Apple (NASDAQ: AAPL)’s iPad and stop the sale of the device from 14th February night. By relative officers from Amazon’s statement, the withdrawal is on the notice of Apple and also it’s the adjustment on its sales strategy. Meanwhile, Apple has not made any comments on the issue for whether it has any connection with iPad trademark dispute; also Apple’s staffs refuse to reply too.(as shows in the picture above, only MOTO and SAMSUNG product are searched when typing in iPad on Amazon China)

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Why the Acuvue of Johnson & Johnson Encounters Trademark Dilusion?

The State Food and Drug Administration of China (SFDA) recently released the news on its website that the colorful plain contact lens will be put into administrative supervision over medical equipment (the “News”). Though the equipment is referred as the “colorful plain contact lens”, while it’s reported by media in the name of “Acuvue/Acuvue” (the “Acuvue”, means beautiful sight in Chinese). Afterwards, Johnson & Johnson (NYSE: JNJ), the manufacturer of “Acuvue”, stated that the words are the exclusive trademark of it, and only the contact lens with cosmetic effect could be called as “Acuvue”.

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Latest News: Proview Plans to Apply for iPad Import Prohibition in Custom

As reported by Sina tech (the link is in Chinese), Attorney Ma Xiaodong, the legal representative of Proview, stated on 13th February that Proview is preparing the documents for the complaint to the custom house for the import prohibition of Apple’s iPad.

To Ma’s introduction, the Industry & Commerce Administration of Shandong, Hebei, Hunan, Sichuan and Guangdong (all are the provinces of China) has engaged in the trademark dispute, with most documents for the government’s investigation are provided by Proview. He also disclosed that the temporary administrative measures taken by the local organs vary among the provinces, among which the administration of Shijiazhuang, Hubei province detained the device, while in most other regions, iPad is only demanded for stop sale.

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When Could Come the Decision of the 2nd Instance on the iPad Trademark Dispute？

As interviewed by China media Shanghai Business, when could come the decision of the 2nd instance on the iPad dispute, which hearing will be held on 29th February, 2012, Mr. You Yunting replied as follows:

For the court is less likely to make the decision on the coming hearing on the case, we estimate no such decision could be made till the expiration of the lawsuit time limit. By PRC Civil Litigation Law, the hearing on the appealed case shall be decided within 3 months from the filing day of the 2nd instance. For any prolonged on the procedure, it shall be approved by the chief judge of the court. Therefore, we estimate the case could be decided 2 months after the hearing for it could be filed 1 month before the proceeding, and the specific date of the decision may be the end of April.

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Once Apple Lost iPad Trademark: Would There be A Name Change on iPad3 in China?

For the claimed iPad trademark infringement, as media reported, the Industry and Commerce Administration of Shijiazhuang City, Hubei Province of China, detained more than 40 iPads on the report of Proview, the registered owner of iPad trademark. For this issue, Mr. You Yunting was interviewed by Donews, a tech website in China, and the following is the details of the interview: (the image above is Proview’s Certificate of Trademark issued by Chinese government )

1. When the infringement of Apple is judged established, could anyone bought iPad choose to return the device to Apple?

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Before 2nd Instance of iPad Trademark Dispute: iPad was Withdrew in Some Cities by Local Chinese Government

After losing the lawsuit in the trademark transfer dispute against Proview in the 1st instance, Apple will attend the hearing of the 2nd instance on 29th, Feburary, 2012. However, just before the hearing, on the complaint of Proview, the administration of Industry & Commerce has started the investigation on trademark dispute, and on 13th February, the administration in Shijiiazhuang City detained 41 iPad devices and ordered for stop iPad’s sales.(the link is in Chinese)

On the issue, Mr. You Yunting, the founder of our website was interviewed by medias, which details are as follows:

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The Name on the Notorious List Could Also be the Well-known Trademark in China

Analysis on the Establishment of Well-known Trademark of Silk (秀水)

Recently, China Trademark Office, a branch of State Administration of Industry and Commerce announced the list of newly established well-known trademark of 2011, and the mark of Silk(“秀水” read as Xiu Shui or known as Silk)applied by Beijing Silk Street Market Co., Ltd (the “Silk Company”) was on it. Therefore the mark Silk gains the highest domestic trademark honor. Silk Company, the owner of the trademark stated on its official Weibo (twitter like website in China) account that “it is another milestone on the road of intellectual property autonomous development of Silk Market, and that will boost the development of brands of Silk Market based on the Silk mark.

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Complaints from China IT Tycoon: Weak Protection over IPR Jeopardizes Industry Innovation

According to the report of Nandu Daily, Mr. Ding Lei, the CEO of NetEase (NASDAQ: NTES) and the representative of People’s Congress in China stated on the conference of Guangdong People’s Congress that despite the innovation could make customers more satisfied and bring more market share to the company, which is also the impetus to the company, it’s also haunted with the dilemma of “more innovation more suffering” due to the weak protection on IPR by the state.

According to Ding’s words, the lawsuit on the infringement against the company may last for years, therefore the proceeding may be a suffering to the company; moreover, the judged compensation may be very low even the infringed company wins the lawsuit. “Previously, Baidu stately posted the works of Han Han in its product Baidu Wenku, and why? The reason could only be the poor combat on the infringement”, said Mr. Ding.

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Apple Lost the Trademark Opposition against Red Apple Trademark after the Proceeding for 10 Years

According to the report of hc360.com (the news is in Chinese), Beijing High People’s Court adjudicated the final judgment on the trademark opposition filed by Apple Inc (Apple) against Zhejiang Red Apple Electronic Co., Ltd. (Zhejiang Red Apple) on 28th November, 2011, Ltd, rejecting Apple’s opposition on the defendant’s registered trademark in class 9 of CCTV monitor. Till then the proceeding of the case for 10 years is finally ended up.

Early in November of 2002, Zhejiang Red Apple’s application of red apple trademark was approved by China Trademark Office, and afterwards opposed by Apple, who demanded no approval for the mark, for the similarity between the red apple image and the first applied Apple trademark. Despite the opposition, the trademark office approved the application and issued the “Image Trademark Opposition Ajudication”, (2007) Trademark Yi Zi No. 3887 on 27th August, 2007.

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The Complicated Legal Problems concerning the Likeness of Jobs

Could the deceased’s right of likeness be protected in China?

Our website has posted the article How to Combat the Infringing Steven Jobs Doll in Chinese Market, introducing the Chinese laws and regulations regarding the infringement of right of likeness according to this event. Later, we read an American legal professional’s comment, Apple Won’t be Able to Stop Steve Jobs Action Figure from Going on Sale in Most States, saying Apple’s legal claim is largely bogus. While people can indeed own rights to their likeness, those rights usually apply only to living people. Unlike other forms of intellectual property like patents or copyrights, image rights do not survive beyond the grave in most places.

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Apple: iPhone 4S Arrives in China on January 13

We have reported last week that iPhone 4S would be put on sale on 6th, January. Today we get the official news from Apple Inc. that iPhone 4S is arriving in China on January 13th.

More articles about Apple Inc. and its legal news in China on Bridge IP Law Commentary:

1.        Can Apple Register iMessage trademark in China?
2.        Should Apple Bear Liability for Infringing Contents in App Store?
3.        No “iPad” Chinese trademark right for Apple after payment in the transaction, and our analysis.
4.        Legal Problems on the Payment in RMB in Apple App Store
5.        According to China Court’s First Instance Judgement, Apple Loses the iPad Trademark
6.        What If the Patent Infringement Lawsuit Apple vs HTC in China?

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The Extension of the iPad Trademark Battle: Proview Charged iPad Distributor GOME in China

According to Guangzhou Daily, the widely concerned iPad trademark conflict is oiled by the battle between Proview and GOME (HKEx: 00493), the distributor of iPad. And the new dispute has been brought to the Shenzhen Futian People’s Court and heard on 30th, December, 2011.

Shenzhen Proview claims itself the legal trademark owner of iPad, and as investigated, GOME sold the tablet with iPad trademark in its stores with no license from GOME, therefore, the misconduct of GOME shall be the trademark infringement. Thereby, Proview demands GOME stop selling the tablet, destroy all the marks or package related to the infringement, cancel any propaganda concerning iPad and take all the expenses on the investigation, evidence collection and other reasonable costs.

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