Beijing IPHOUSE Network Technology Co., Ltd. IPHOUSE Database of IP Cases and Laws (English Version) Coming Soon at INTA 2016 on May 23, 2016     RECEPTION at the INTA Time: 18:30-21:30 Date: May 23, 2016 Location: DEL FRISCO’S DOUBLE EAGLE STEAKHOUSE, 9150 International Drive, Orlando, FL 32819 Attendees: Dr. Lulin GAO, Former Commissioner of the State Intellectual Property Office of...

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.

In the coming holiday season, we sincerely present to you the Beijing East IP Newsletter, and wish you a merry Christmas and a happy New Year!
In this issue, we summarized our footprint in year 2014, and provided review of typical cases and in-depth research to hot topics. We hope such information and our efforts are useful for your business here in China.

We sincerely present to you the first edition of the Beijing East IP Newsletter, prepared by Beijing East IP Ltd./Beijing East IP Law Firm, a China IP focused newsletter on providing in-depth analysis of laws and regulations, review of typical cases, practical tips for prosecution and litigation, etc. We strive to provide a newsletter that not only informs you the latest happenings in China’s IP community, but also insightful analysis of China’s latest IP news and events.

To properly adjudicate administrative cases involving the granting and determination of trademark right, exercise the right of judicial review under the law, clarify and unify the adjudication standard, these Provisions are promulgated based on regulations including the Chinese Trademark Law, the Chinese Administrative Procedure Law , and in combination of trial practices.

As China’s rising economy shifts the Chinese government and industries from a focus on mass production to protection of intellectual property rights, protecting innovation in China’s strong yet enormous market has become one of the top areas of concern for many foreign companies and law firms.

Since mid-April this year, the automation system for trademark registration and management has been in the process of comprehensive upgrading. Serious technical malfunctions during the upgrading process led to a cease of work like acceptance of the trademark applications for registration, examination and adjudication on trademark applications, production of trademark registration certificates, acceptance of trademark appeals and reviews, and adjudication on trademark appeals and reviews.