No.40¡¡May.28, 2008 |
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T: +8610 85115588 59208888
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Web: www.unitalen.com
E-mail: mail@unitalen.com |
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The QianDao lake in ZheJiang |
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President Hu Jintao: Strengthen Sino-Japan Exchange of IPR Protection Experience |
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Chinese President Hu Jintao and Japanese Prime Minister Yasuo Fukuda held talks and reached a wide range of consensus in Tokyo on May 7, 2008. Hu Jintao expressed his hope for China and Japan to strengthen exchanges of experience in intellectual property rights (IPR) protection.
After the talks, Chinese President Hu Jintao and Japanese Prime Minister Yasuo Fukuda signed ¡°Joint Statement on Sino-Japanese All-round Promotion of Bilateral Strategic and Mutually Beneficial Relationships¡± (hereinafter ¡°Joint Statement¡±) in Tokyo. ¡°Joint Statement¡± pointed out, China and Japan will strengthen mutually beneficial cooperation in the fields of IPR protection and many other fields, in order to expand common interests of both parites.
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Operation of Intelligent Search System for Chinese Industrial Design Patents |
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State Intellectual Property Office of China recently held a ceremony to mark the start of operation of its intelligent search system for Chinese Industrial Design Patents. Intelligent search system for Chinese Industrial Design Patents is a search system based on details of designs. This system is very special, as details of designs can be retrieved just by inputs of the design elements (shape, color, texture and the like) without indexing. Currently, this search system has more than 4,000,000 pictures of the designs in its database.
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China confiscated 75,690,000 pieces of pirated products in 2007 and focused on cracking down Internet piracies |
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In 2007, with respect to the IP protection status in copyright filed, revision on the Copyright Law of the People's Republic of China was officially launched. State Copyright Administration of China, united with relevant government departments, endeavored to improve administrative law enforcement, crack down software piracies seriously and carry out special campaigns against online copyright piracy. In 2007, China copyright administrative authorities at various levels inspected 548,646 business units, revoked licenses of 13,170 illegal business units, discovered and destroyed 1,224 underground markets, imposed administrative penalties in 9, 816 cases, transferred 268 cases to judicial authority to deal with, and captured more than 75,690,000 pieces of pirated products, including about 11,210,000 pirated books, 18,430,000 pirated periodicals, 52,480,000 pieces of pirated audio-video products, 2,070,000 pieces pirated electronic publications, 3,000,000 pieces of pirated softwares and 5,050,000 other kinds of pirated products.
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The Supreme People¡¯s Court issued and revised around 20 Judicial Interpretations on Intellectual Property Rights Protection in the last seven years |
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Xuanguo Xiong, the Vice President and Chief Justice of the Supreme Court of the Peoples Republic of China said that the Supreme Court has issued and revised more than 20 Judicial Interpretations in connection with Intellectual Property Rights Protection since the beginning of this century. These Judicial Interpretations are related to patent, trademark, copyright, new varieties of plants, layout-design of integrated circuits, technology contract, unfair competition, conflict of rights, Internet domain name, crimes against Intellectual Property rights, jurisdiction of litigation cases and assignment of trial work etc.
In 2007, the Supreme People¡¯s Court issued ¡°The Judicial Interpretation Concerning Several Issues on Application of Law in the Trial of Civil Cases involving Unfair Competition¡±, ¡°The Regulations Concerning Several Issues on Application of Law in the Trial of Disputes on Infringement upon Rights to new varieties of plants¡±, and jointly issued ¡°The Interpretation Concerning Several Issues on Application of Law in Dealing with Criminal Cases involving infringement of Intellectual Property Rights (II)¡± and other two Interpretations with the Supreme People's Procuratorate. In the beginning of 2008, the Supreme People¡¯s Court issued the Judicial Interpretation for the trial of Civil Cases involving the Conflict of rights between registered trademark, trade name and other prior rights¡±.
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Shanghai No. 2 Intermediate People¡¯s Court judged a few of cases involving foreign IP rights to strengthen the protection of well-known international brands |
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Just before World Intellectual Property Day of April 26, Shanghai No. 2 Intermediate People¡¯s Court gave judgments to a few of intellectual property cases involving foreign Intellectual Property Rights. GUCCI, MONTAGUT, Philips and many other internationally famous brands won the protection from infringement, for example, MONTAGUT was recognized as a well-known trademark and was awarded a compensation of RMB 500,000. The patent of Philips shaver and the trademark GUCCI also received compensation of RMB 200,000 and 400,000 respectively.
Lv Guoqiang, Vice President of Shanghai No. 2 Intermediate People¡¯s Court, said ¡°People¡¯s Courts hear the cases involving foreign IP rights strictly in compliances with the International treaties to which China is a member state and China¡¯s laws on Intellectual Property Rights, in order to ensure independence and neutrality of the trials, to equally protect the rights of either Chinese or foreign parties, and to maintain a good image of China¡¯s jurisdiction in international community. He added ¡°we will further strengthen the protection for well-known trademarks and internationally famous brands in the future, reduce the cost for enforcement, raise the costs for infringement, improve the level of compensation and sanction against the infringing acts, so as to create a better legal environment for innovation, fair competition, and the development of science, technology and culture in China.¡±
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Unitalen represents Montagut to win compensation of RMB 500, 000 in local lawsuit |
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On April 24, 2008, Shanghai No. 2 Intermediate People¡¯s Court ordered a local company to cease infringement and pay Montagut RMB 500, 000 ($71,736) in damage for trademark infringement and unfair competition. In the course of proceeding, the plaintiff¡¯s trademarks Montagut, Montagut plus flower logo and flower logo were identified as ¡°Well-Known¡± marks by the Court.
Bonneterie Cevenole S.A.R.L., right owner of the prestigious international fashion brand Montagut registered the trademark MONTAGUT, its Chinese version MENGTEJIAO, and the MENGTEJIAO plus flower design in china years ago and the marks have been well known among relevant public through long-term use and promotion, according to Ms. Zhou Dandan, the lawyer from Unitalen.
In 2005, it came to the plaintiff¡¯s attention that Shanghai Mengjao Investment Management Co., Ltd uses its trademark Montagut, flower logo and the wording of FRENCH MONTAGUT LAUNDRY in the Shanghai Company¡¯s web site, promotional brochures and in its plaques of laundry outlets. The plaintiff therefore brought a lawsuit against the defendant for trademark infringement and unfair competition.
The Shanghai Company¡¯s activities have constituted trademark infringement of the Plaintiff¡¯s trademark right, said Lawyer Zhou. Upon instruction from Montagut, the Unitalen lawyer made a comprehensive study on the cases. The Court chose to conclude this typical trademark infringement and unfair competition case before the advent World Intellectual Property Right Day, say April, 26, which may help to set a good example in improving the intellectual property right awareness among enterprises and relevant public.
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SUPCON, represented by Unitalen, won compensation of RMB5,000,000 for trademark infringement in the first instance |
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On May 9, 2008, Zhejiang Hangzhou Immediate People¡¯s Court made the first instance judgment on the case in which SUPCON Group Co., Ltd sued American Power Conversion Corporation and APC£¨SUZHOU£©UPS CO., LTD. for trademark infringement. The plaintiff, SUPCON Group Co., Ltd, represented by Unitalen, won the above case which lasted for 3 years. The court concluded that the defendants infringed SUPCON¡¯s exclusive trademark right to ¡°APC¡± in respect of UPS, internet management card and relevant software and obtained lots of profits through the infringements. The court ordered the defendants to jointly pay RMB 5,000,000(about USD 725,000) in compensation.
SUPCON, established in 1993, is a national high-tech enterprise providing automation and information technologies and solutions in respect of industrial automation. On October 12, 1998, SUPCON registered the trademark ¡°APC¡± in Class 9 designating computer peripheral devices, which enjoys good reputation amongst Chinese customers through long-term use in China. Furthermore, the trademark ¡°APC¡± is one of the well-known trademarks in Zhejiang Province.
American Power Conversion Corporation, one of the largest companies in Forbes 1000, is a leading provider of un-interruptible power supplies (UPS), which is headquartered in West Kingston, Rhode Island of USA. Its products, services and accessory offering are designed for both home and corporate environments. In 1998, American Power Conversion Corporation established APC£¨SUZHOU£©UPS CO., LTD as its subsidiary company in China.
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Earthquake Relief Donations, Relay of Love in Unitalen.
---Unitalen donates RMB 300,000 to earthquake disaster relief in Sichuan province
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At 2:28pm, May 12, 2008, a major earthquake, measuring 8.0 on the Richter scale, jolted Wenchuan, Sichuan Province, southwestern China.
Practically everyone in China has sprung into action to aid the earthquake victims in Sichuan.
When the tragical event happened, everyone in Unitalen attorneys at law send their personal regards and great sympathy to the staff and their family who are Sichuan origin, affected by earthquake. The staff situation in Chongqing and Chengdu Branch Offices which locate in the earthquake area become our priority concerns; and we are greatly relieved after receiving the news that they are all safe and unharmed.
Unitalen will provide their support as much as possible to join forces in times of hardship. In this particular circumstance, Unitalen proposal to all staff in Unitalen headquarter and branch offices as follows:
Offer our Charity and donation, meet its own capacity
Be strong and brave. We should be more united than any another time, should trust our government, our soldiers and medical personnel who are struggling in the front line.
Everyone in their own posts and do a good job in a matter within their own is also a contribution to the disaster areas and society.
Taking active participation in the public welfare has always been one of Unitalen objectives. Until 15 May, the staff in Unitalen has provided an initial contribution of 300,000 RMB support the relief efforts of the .CCF (China Charity Federation). Our hearts are with the people suffering in the quake-hit areas. It is our duty, without hesitation, to help people in the disaster-afflicted area get through the difficulties. We will continue the internal donating activity, expressing our care to the victims to fulfill our social responsibility as a corporate citizen.
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