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No.38¡¡Mar.28, 2008
 
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LiJiang River
 
In this issue
The concluded foreign-related cases saw an annual increase of 58% within seven years
IP issue discussed on Regular meeting between National People¡¯s Congress and Japanese Upper House of Parliament
Osram Win Patent Lawuit in Ningbo China
Tianjin Customs seized 50,000 fake clothes
Nestle wins trademark lawsuit over Dutch firm Dumex in Chinese court, receiving 200,000 yuan in compensation
The increase rate of China¡¯s PCT applications ranked the No.1 of the world
Trademark infringement accusation to Siemens is rejected for fair use
 
 
 
The concluded foreign-related cases saw an annual increase of 58% within seven years

 
With the development of opening up and external trading, China has seen a surge in foreign-related intellectual property rights (IPR) cases. From 2001 to 2007, courts at all levels have concluded 1,634 foreign-related IPR cases at first trial, which follows a compound annual increase of 57.96%, twice higher than the general growth rate of all concluded IPR cases.
 
 
IP issue discussed on Regular meeting between National People¡¯s Congress and Japanese Upper House of Parliament

 
The Second Meeting of Regular Exchange Mechanism between China's National People's Congress and Japan's Upper House of Parliament was held in Beijing on February 20, conferring on important bilateral topics including intellectual property rights. Both parties pledged to use the exchange mechanism as a platform to increase political trust and facilitate bilateral cooperation.

The third meeting under the exchange mechanism is scheduled to be held in Japan next year.

 
 
Osram Win Patent Lawuit in Ningbo China

 
Osram Opto Semiconductors (Osram) has won a patent lawsuit against Ningbo Hongfei Electrical Appliance Co., Ltd (Hongfei) in China. Zhejiang Ningbo Intermediate People¡¯s Court ordered Hongfei stop infringement and pay 150, 000 yuan in compensation.

As one of the largest LED manufacturers, in early August, 2007, Osram became aware of infringing DOT-it LED sold online by Hongfei. Thereafter, Osram lodged a lawsuit before Ningbo Intermediate People¡¯s Court, requesting the defendant to stop infringement and pay 200,000 yuan in compensation. After receiving the Osram¡¯s application of pre-litigation evidence preservation, the court seized a large number of infringing products in the defendant's domicile.

 
 
Tianjin Customs seized 50,000 fake clothes

 
Tianjin Customs recently cracked down the biggest IP infringement case of this year, intercepting nearly 30,000 fake commodities. The seized fake commodities include sports clothes, bags, caps, bearing well-known trademarks like Lining, Adidas, Nike, Levi¡¯s, FERRARI, etc.

Up to now, Tianjin Customs has nabbed totally 50,000 fake vests, sports clothes, caps, bags, involving nine well-known brands like Adidas, Nike, D&G, Gucci, etc.

¡°As a coastal customs, we will make use of our advantages and strengthen our propaganda and education of IP protection to the public, so as to crack down more infringement cases in China¡±, said Tianjin Customs.

 
 
Nestle wins trademark lawsuit over Dutch firm Dumex in Chinese court, receiving 200,000 yuan in compensation

 
 
On March 12, the trademark dispute between the two well-known powdered milk manufacturers ¨C Nestl¨¦ Company and Royal Numico Dumex was adjudicated in Beijing No.1 Intermediate People¡¯s Court (¡°the Court¡±). The Court ruled that Dutch firm Royal Numico Dumex should stop using the trademark of a shield device on its powered milk products and compensate Nestl¨¦ Company 200,000 yuan (28,129 U.S. dollars) for economic loss and reasonable cost in the litigation. Further, the Court ordered Xizhimen branch of Itoyokado Mall should stop selling infringing products.

Nestl¨¦ Company filed an application for international registration of its trademark of a shield device on December 11, 2001, designating China for territorial extension. The registration is approved by China Trademark Office (CTMO) and will expire on December 11, 2011. Goods approved for the extended protection includes food for babies in Class 5. Royal Numico Dumex used combined golden shield marks containing shield device on the package of its Dumex infant formula milk powder, on its website and in advertising. In addition, Xizhimen branch of Itoyokado Mall sold the above infringing product.

In September 2007, Nestl¨¦ Company sued Royal Numico Dumex for trademark infringement and unfair competition requesting Royal Numico Dumex and Xizhimen branch of Itoyokado Mall to stop infringement and compensate the damages within the statutory range of 500,000 yuan.

 
 
The increase rate of China¡¯s PCT applications ranked the No.1 of the world

 
The global PCT applications reached a new record level in 2007 and the increase rate of China¡¯s PCT applications ranked the No.1 of the world, WIPO website reported recently.

Filing totally 5456 PCT applications in the past year, China rose to No.7 and was leading among the top 15 countries for the increase of 38.1% year-on-year, which shows China¡¯s rapid improvement of innovation abilities and awareness of IP protection.

As the No. 4 and No. 53 PCT applicants among the global enterprises respectively, Huawei Technologies and ZTE Corporation together with other High-tech enterprises have undoubtedly made a great contribution to China¡¯s PCT application¡¯s increase. Currently, more and more Chinese enterprises are turning their eyes to the overseas market, paying more attention to the international IP protection, investing a huge sum of money in the research and development fields, and strengthening the cooperation with foreign advanced companies, so as to benefit from their patents.

 
 
Trademark infringement accusation to Siemens is rejected for fair use

 
 
Bossy China Home Appliance Co., Ltd., manufacturer of SIEMENS refriegerators in China, and its distributor Jiangsu Bossy China Home Appliance Sales Co., Ltd., etc. were accused of trademark infringement for using words ¡°BIOFRESH¡± on its refrigerators. Recently Shanghai No.1 Intermediate People¡¯s Court (the ¡°Court¡±) rejected all the plaintiff¡¯s claims based on that it falls into the fair use.

The plaintiff, a foreign company set up in Germany, obtained the exclusive right of the trademark ¡°BIOFRESH¡± in China. The Court found that the words ¡°Bio Fresh¡± are used on the panel of fresh room on the inner part of Siemens¡¯ refrigerators and the labels indicating name, type, date of products sticked on the refrigerators¡¯ packages, where however the ¡°SIEMENS¡± trademark is more extraordinarily marked. Besides this, ¡°SIEMENS¡± trademark is used on the distinctive places of Siemens¡¯ refrigerators and their packaging boxes.

The Court holds that the words ¡°Bio Fresh¡± on Siemens¡¯ refrigerators is intended to describe the character and function of the products and will not lead to confusion on refrigerators or the manufacturers of such refrigerators. Therefore, it falls into the circumstances of fair use and does not constitute infringement to the plaintiff¡¯s trademark right.