With over 200 dedicated professionals, Beijing East IP has helped a full spectrum of clients – from startups to Fortune 500 corporations to domestic multinational companies – on their intellectual property issues in China.
SIPO has recently announced the officially approved Administrative Measures for Prioritized Patent Examination 2017 (hereinafter refers to the “Measures 2017”), which comes into force from August 1st, 2017.
According to the judgment, Sony was ordered to (1) immediately cease infringement of IWNCOMM’s SEP found in 35 of Sony’s mobile handsets, (2) pay damages of RMB8.62 million (approximately USD1.25 million), and (3) pay reasonable litigation costs of RMB474,194 (around USD69,000).
The Supreme People’s Court took these cases and held a public hearing in April this year, and this morning (December 8th), the SPC publicly announced its decisions, which reversed in part and affirmed in part. Beijing East IP took a close look at the decisions and summarized the revered decisions.
There is a popular saying in the online world in China: “The best way to read and understand the news is to read similar reports in tandem.”
Recently, Beijing High Court as the second instance court rendered the final and effective decisions on the trademark opposition against “Face book.” Beijing High Court held that trademark application of the opposed marks “Face book” was in obvious bad faith of copying and imitating third parties’ marks with high fame, which disturbed the registration and administrative order of trademark, jeopardized the market order of fair competition, and violated the principle of public order and good social custom.
In order to facilitate correct trial of patent infringement disputes, the present interpretation is made in accordance with the Patent Law of the People’s Republic of China, the Tort Law of the People’s Republic of China, the Civil Procedure Law of the People’s Republic of China and so on, and in combination with judicial practice.
Section I: Network-related Copyright
Section II: Network-related Trademark
Section III: Network-related Unfair Competition
Seagate Technology Public Limited Company (hereinafter referred to as “Seagate”), one of the world’s largest hard drive manufacturers, recentlyinvolved in a dispute over trademark infringement in China. The Plaintiff (Du, an individual from Guangdong province) filed a trademark infringement lawsuit before the Futian District People’s Court of Shenzhen City inGuangdong province claiming that the “FreeAgent” series hard drive products manufactured and sold by Seagate, its subsidiary, and its agent infringed upon his registered trademark “FREEAGENT.” Recently, the First Instance Court dismissed all the Plaintiff’s claims.