LONGAN IP Newsletter No.4 2023

Contents

LoHướng Dẫn Rút Tiền 8Xbetn News

Lawyer Cindy Quan from Long An invited to participate in Hướng Dẫn Rút Tiền 8Xbetolicy dialogue between INTA and the CNIPA

Lawyer Cindy Quan of LoHướng Dẫn Rút Tiền 8Xbetn re-selected as the director of the Intellectual Property Research Society of Chaoyang Lawyers Association

The LoHướng Dẫn Rút Tiền 8Xbetn Online Lecture well received

LoHướng Dẫn Rút Tiền 8Xbetn Notable Cases

LoHướng Dẫn Rút Tiền 8Xbetn represents a client in the field of luxury goods to win the administrative dispute case of review of trademark refusal

LoHướng Dẫn Rút Tiền 8Xbetn assists a client in the mechanical field in winning serial cases of utility model invalidation

LoHướng Dẫn Rút Tiền 8Xbetn assists PUMA series trademarks to be recognized as a well-known trademark and granted cross-category protection

Long An represents a client in the field of sports and health services to win Hướng Dẫn Rút Tiền 8Xbetatent invalidation administrative dispute case

China IP News

The Supreme People’s Court issues the Annual Report 2022 of Intellectual Property Court

Risk Warning RegardiHướng Dẫn Rút Tiền 8Xbetbnormal Overseas Trademark Application

Typical Cases of the Intellectual Property Court of the Supreme People’s Court

LoHướng Dẫn Rút Tiền 8Xbetn Comments

E-commerce platform dispute resolution and legal compliance guidelines – contract disputes between platform operators and merchants


LoHướng Dẫn Rút Tiền 8Xbetn News

Lawyer Cindy Quan from Long An invited to participate in Hướng Dẫn Rút Tiền 8Xbetolicy dialogue between INTA and the CNIPA

 

Recently, the International Trademark Association (INTA) held a policy dialogue with the Trademark Office of the CNIPA. Cindy Quan, senior partner of LoHướng Dẫn Rút Tiền 8Xbetn, was invited to participate in the dialogue as the chair of INTA LRC Asia-Pacific Subcommittee, and had an in-depth exchange with the examiners of the China Trademark Office on the current state of trademark examination.

https://mp.weixin.qq.com/s/30gPdza0Gxjrho3dcHPssQ

Lawyer Cindy Quan of LoHướng Dẫn Rút Tiền 8Xbetn re-selected as the director of the Intellectual Property Research Society of Chaoyang Lawyers Association

 

On March 2, 2023, the general election meeting of the 4th Intellectual Property Research Society of the Chaoyang Lawyers Association was successfully held. After rigorous voting, vote monitoring, and vote counting, Cindy Quan, senior partner of LoHướng Dẫn Rút Tiền 8Xbetn, was re-elected as the director of the 4th Intellectual Property Research Society of the Chaoyang Lawyers Association.

https://mp.weixin.qq.com/s/07UD1ov7mczlUEoaVhXbiA

The LoHướng Dẫn Rút Tiền 8Xbetn Online Lecture well received

 

Recently, Long An held an online lecture on the topic of legal source defense of patent infringement. The lecturer shared his experience in handling cases from the grounds for the defense of patent infringement, the legal basis of the reasonable source defense, the subject of the legal source defense, the establishment requirements of the legal source defense, and the responsibility of legal source defense, which was well received and highly praised by Hướng Dẫn Rút Tiền 8Xbetarticipants.

https://mp.weixin.qq.com/s/zuVrtlucywQwMv5tHUBT1g

 

LoHướng Dẫn Rút Tiền 8Xbetn Notable Cases

No. Cases Attorneys
1 LoHướng Dẫn Rút Tiền 8Xbetn represents a client in the field of luxury goods and wins the administrative dispute case of review of trademark refusal

https://mp.weixin.qq.com/s/W73pYwu1inWdfkd8ebTwQw

Cindy Quan

Jianjun Fu

Alice Zhao

2 LoHướng Dẫn Rút Tiền 8Xbetn assists a client in the mechanical field in winning serial cases of utility model invalidation

https://mp.weixin.qq.com/s/9wqfwYdR15KoZYurfu5s_w

Cindy Quan

Jianjun Fu

Yuan Piao

3 LoHướng Dẫn Rút Tiền 8Xbetn assists PUMA series trademarks to be recognized as a well-known trademark and granted cross-category protection

https://mp.weixin.qq.com/s/Tlp_UbZ0FCkc_YuCC_HmQQ

Cindy Quan

Jianjun Fu

Alice Zhao

4 Long An represents a client in the field of sports and health services to win Hướng Dẫn Rút Tiền 8Xbetatent invalidation administrative dispute case

https://mp.weixin.qq.com/s/4hpZE3_2aV5trv15v8GpBQ

Cindy Quan

Jianjun Fu

Xiaojun Zheng

https://mp.weixin.qq.com/s/EglJCrhs3etMn2o1IFcfOA

 

China IP News

 

The Supreme People’s Court issues the Annual Report 2022 of Intellectual Property Court

 

On March 30, the SPC released the Annual Report 2022 of Intellectual Property Court. The report shows that in 2022, the Intellectual Property Court of the SPC accepted a total of 6,183 technology-related intellectual property and monopoly appeal cases, including 4,405 new cases and 1,778 pending cases, and concluded 3,468 cases, with a closing ratio of 78.7%. Compared with 2021, the number of cases accepted increased by 18%, of which the number of new cases increased by 1.6%, and the number of closed cases increased by 0.2%.

https://mp.weixin.qq.com/s/McI–VVnzMTElDEIKlnblQ

 

Risk Warning RegardiHướng Dẫn Rút Tiền 8Xbetbnormal Overseas Trademark Application

 

Recently, the China (Shenzhen) Intellectual Property Protection Center has monitored a number of abnormal overseas trademark applications involving Shenzhen enterprises. In March 2023, the United States Patent and Trademark Office (USPTO) released the Final Order for Sanctions against 45 Shenzhen enterprises on its official website, finding that the aforementioned enterprises had violated the relevant regulations of the USPTO, including providing false, fictitious or fraudulent lawyer information and signatures in the submitted trademark applications. This matter involved 60 trademark applications.

According to the Final Order for Sanctions, as the above behavior seriously violated relevant regulations, the trademark application processes involved have been ordered to be terminated.

https://mp.weixin.qq.com/s/wppeIdaMl26UBBowVxqjVA

Typical Cases of the Intellectual Property Court of the Supreme People’s Court

 

No. Cases Reference
1 The dispute between Chugai Pharmaceutical Co., Ltd. and Wenzhou Haihe Pharmaceutical Co., Ltd. on confirming whether it falls into the scope of patent protection No. (2022) SPC Zhi Min Zhong 905
2 Sichuan Golden-Elephant Sincerity Chemical Co., Ltd., Beijing EDGEIN Technology Co., Ltd. vs Shandong Hualu-Hengsheng Chemical Co., Ltd., Ningbo Fareast Chemical Group Co., Ltd., Ningbo Research & Design Institute of Chemical Industry Co., Ltd. and Mr. Yin for two dispute cases over infringement of invention patents and trade secret No. (2020) SPC Zhi Min Zhong 1559

No. (2022) SPC Zhi Min Zhong 541

3 Mr. Xu, Ningbo ROABY Technology Industrial Group Co., Ltd. vs. Hebei Yideli Rubber Products Co., Ltd. and Hebei Jitong Road & Bridge Construction Co., Ltd. for the invention patent infringement dispute No. (2020) SPC Zhi Min Zhong 1696
4 Shenzhen Zudian Intelligent Technology Co., Ltd. vs. Shenzhen SIMSUKIAN Electronic Technology Co., Ltd. for the dispute over infringement of utility model patents No. (2022) SPC Zhi Min Zhong 124
5 Fuzhou Baiyi-Baili Automation Technology Co., Ltd. vs. Shanghai Diangua Architectural Technology Co., Ltd., and Mr. Zhang for the dispute over infringement of utility model patents No. (2021) SPC Zhi Min Zhong 1066
6 Changzheng Engineering Co., Ltd. vs Luxi Chemical Group Co., Ltd. and Liaocheng Luxi Chemical Engineering Design Co., Ltd. for two patent disputes No. (2020) SPC Zhi Min Zhong 1652

No. (2020) SPC Zhi Min Zhong 1293

7 Zhejiang Zuoyuan Medical Technology Co., Ltd. vs. Mr. Wan over two cases of patent right and patent application right ownership No. (2022) SPC Zhi Min Zhong 1330

No. (2022) SPC Zhi Min Zhong 2365

8 Changsha Huamei Pharmaceutical Technology Co., Ltd. vs. the CNIPA and Nanjing Sanhome Pharmaceutical Co., Ltd. for two administrative disputes over the invalidation of invention patents No. (2020) SPC Zhi Xing Zhong 475

No. (2020) SPC Zhi Xing Zhong 476

9 Apple Computer Trading (Shanghai) Co., Ltd. vs. the CNIPA and Qualcomm Co., Ltd. for administrative dispute over the invalidation of invention patents No. (2021) SPC Zhi Xing Zhong 1
10 Nanjing Hencer Pharma Co., Ltd., Nanjing Lifenergy R&D Co., Ltd. vs Nanjing Intellectual Property Office of Jiangsu Province, Hướng Dẫn Rút Tiền 8Xbeteople’s Republic of China, and Bayer Intellectual Property GmbH for two cases of patent administrative rulings No. (2021) SPC Zhi Xing Zhong 451

No. (2021) SPC Zhi Xing Zhong 702

LoHướng Dẫn Rút Tiền 8Xbetn Comments

 

E-commerce platform dispute resolution and legal compliance guidelines – contract disputes between platform operators and merchants

 

When Hướng Dẫn Rút Tiền 8Xbetroducts sold or services provided by the merchants on Hướng Dẫn Rút Tiền 8Xbetlatform cause Hướng Dẫn Rút Tiền 8Xbetlatform to compensate in advance, Hướng Dẫn Rút Tiền 8Xbetlatform then recovers from the merchant. The focus of such disputes is mainly on the basis for recovering such advance.

In the cases of compensation in advance, most of them are due to the fact that consumers purchase Hướng Dẫn Rút Tiền 8Xbetroducts/services of merchants on Hướng Dẫn Rút Tiền 8Xbetlatform, since the merchants have such behaviors as “failure to deliver goods on time”, “defective products/services, “wrong goods delivered”, etc., consumers request “return & refund”, “return one for three” or “return one for ten”, but merchants fail to deal with it, resulting in Hướng Dẫn Rút Tiền 8Xbetlatform’s use of own funds to compensate consumers on behalf of merchants.

In general, Hướng Dẫn Rút Tiền 8Xbetlatform will sign a platform service agreement with the merchant when the merchant opens a store, stipulating that Hướng Dẫn Rút Tiền 8Xbetlatform has the right of recovery. If the merchant fails to refund the consumer, pay liquidated damages or compensation within the specified time limit, Hướng Dẫn Rút Tiền 8Xbetlatform has the right to compensate the consumer in advance and recover such advance from the merchant. Another example is that when a merchant violates laws, regulations, policies, any rules of Hướng Dẫn Rút Tiền 8Xbetlatform, or violates its commitment to consumers during the launch of products, conclusion of transactions, and fulfillment of transactions on Hướng Dẫn Rút Tiền 8Xbetlatform, or is complained or claimed by consumers, after Hướng Dẫn Rút Tiền 8Xbetlatform pays compensation in advance, Hướng Dẫn Rút Tiền 8Xbetlatform has the right to directly deduct the same from the merchant’s deposit. If the deposit is insufficient, Hướng Dẫn Rút Tiền 8Xbetlatform has the right to recover from the merchant.

[Compliance advice]

With regard to the dispute over Hướng Dẫn Rút Tiền 8Xbetlatform’s recovery from the merchant due to the advance payment, the most important basis is the agreement on the right of recovery set out in Hướng Dẫn Rút Tiền 8Xbetlatform service agreement. Therefore, when merchants register, Hướng Dẫn Rút Tiền 8Xbetlatform needs to sign an agreement with them to clearly stipulate the right of recovery.

Hướng Dẫn Rút Tiền 8Xbetlatform service agreement is an important basis, and more attention should be paid to the legality of the agreement.

For merchants who have various violations of obligations during the transaction, valid evidence should be kept in a timely manner, and the merchants should be notified of the breach of contract in a timely manner and required to appeal within a reasonable time limit. In case of failure to do so within the time limit, Hướng Dẫn Rút Tiền 8Xbetlatform has the right to handle it in accordance with Hướng Dẫn Rút Tiền 8Xbetlatform service agreement/rules.

https://mp.weixin.qq.com/s/OvVBNY8dRGTuNctiyk2Zpg

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