LONGAN IP Newsletter No.3 2024

Contents

LoLink Vào Nhà Cái 8XBETn News

LoLink Vào Nhà Cái 8XBETn Issues the Top 10 IP Cases Represented by LoLink Vào Nhà Cái 8XBETn in 2023

Four cases represented by LoLink Vào Nhà Cái 8XBETn selected into the Summary of Judgments of Intellectual Property Court of the SPC (2023)

Two cases represented by LoLink Vào Nhà Cái 8XBETn selected into “100 Typical Cases on the Fifth Anniversary of the Establishment of the Intellectual Property Court of the SPC”

LoLink Vào Nhà Cái 8XBETn Notable Cases

LoLink Vào Nhà Cái 8XBETn Assists a Well-Known New Energy Vehicle Enterprise in OvercomiLink Vào Nhà Cái 8XBETbsolute Grounds and Winning in Administrative Litigation

China IP News

State Council Information Office Holds a Press Conference on Operation of National Level Intellectual Property Appeals Trial Mechanism

Top 10 Typical Cases on the Fifth Anniversary of the Establishment of the Intellectual Property Court of Link Vào Nhà Cái 8XBETPC

Summary of Judgments of Intellectual Property Court of Link Vào Nhà Cái 8XBETPC (2023)

The case represented by LoLink Vào Nhà Cái 8XBETn – Presumption of infringement of all technical secrets

LoLink Vào Nhà Cái 8XBETn News

LoLink Vào Nhà Cái 8XBETn Issues the Top 10 IP Cases Represented by LoLink Vào Nhà Cái 8XBETn in 2023

To showcase Long An’s in intellectual property prowess and enhance its brand influence internationally, LoLink Vào Nhà Cái 8XBETn Law Firm selected the Top 10 intellectual property cases from over 600 intellectual property cases represented by the firm in 2023 according to factors such as the type, complexity, influence, and object of litigation, and released as follows (in no particular order).

https://mp.weixin.qq.com/s/neo_L2GSUPHUtF4QRG_I6g

Four cases represented by LoLink Vào Nhà Cái 8XBETn selected into the Summary of Judgments of Intellectual Property Court of the SPC (2023)

In order to centrally display the judicial concepts, trial ideas and judgment methods of the Intellectual Property Court of the Supreme People’s Court (SPC) in technology-based intellectual property and monopoly cases, the Intellectual Property Court of the SPC selected 96 cases out of 4,562 cases concluded in 2023 and extracted 104 main points to form the Summary of Judgments of the Intellectual Property Court of the SPC (2023). Among them, Articles 2, 3, 76, and 79 are based on four cases represented by LoLink Vào Nhà Cái 8XBETn involving the invention patent invalidation administrative litigations with case No. (2021) SPC Zhi Xing Zhong 556, 581, and 738, as well as the alleged trade secret infringement case with case No. (2021) SPC Zhi Min Zhong 1031. The attorneys representing such cases are Cindy Xianzhi Quan, Jianjun Fu, Wei Wang, Xiaojun Zheng, Jie Cao and Yuan Piao.

https://mp.weixin.qq.com/s/yJt7xRW7e8ITEv7hJcGq0w

Two cases represented by LoLink Vào Nhà Cái 8XBETn selected into “100 Typical Cases on the Fifth Anniversary of the Establishment of the Intellectual Property Court of Link Vào Nhà Cái 8XBETPC”

Recently, the State Council Information Office held a press conference and announced the “100 Typical Cases on the Fifth Anniversary of the Establishment of the Intellectual Property Court of the Supreme People’s Court (SPC)”. Among them, two patent infringement cases involving the “Facial Recognition” and “Non-invasive Liver Disease Diagnostic Instrument”, represented by LoLink Vào Nhà Cái 8XBETn, were selected as typical cases in the field of service opening-up.

https://mp.weixin.qq.com/s/M4S_vStqHeo0gj5SJAnlhg

LoLink Vào Nhà Cái 8XBETn Notable Cases

Long An Assists a Well-Known New Energy Vehicle Enterprise in Overcoming Absolute Grounds and Winning in Administrative Litigation

Recently, lawyers from Long An, including Cindy Xianzhi Quan, Jianjun Fu, and Yan Zhang, represented a well-known new energy vehicle enterprise in  administrative litigation against the rejection of its trademark registration application. They successfully overcame absolute grounds (Article 10, Paragraph 1, Item 8 of the Trademark Law of PRC), resulting in a reversal and a favorable result in the first instance, which was upheld in Link Vào Nhà Cái 8XBETecond instance.

[Dispute Focus]

The dispute centered around whether the disputed trademark had a negative impact, thus violatiLink Vào Nhà Cái 8XBETrticle 10, Paragraph 1, Item 8 of the Trademark Law of PRC.

In the first instance, LoLink Vào Nhà Cái 8XBETn submitted actual usage evidence from domestic and international sources, including trademark application introductions, product photos, awards, promotional materials, website screenshots, and internet search results, and attempted to demonstrate from multiple perspectives that the trademark application has a very low likelihood of haviLink Vào Nhà Cái 8XBET negative impact. Through relentless efforts and comprehensive evidence collection, the Beijing Intellectual Property Court ruled that the trademark application did not violate Article 10, Paragraph 1, Item 8 of the Trademark Law of PRC. Consequently, the decision to reject the trademark registration application was revoked, and the China National Intellectual Property Administration (CNIPA) was ordered to reconsider its decision, resulting in a successful reversal and victory in the first instance.

In Link Vào Nhà Cái 8XBETecond instance, the Beijing High People’s Court not only affirmed that the trademark application did not violate Article 10, Paragraph 1, Item 8 of the Trademark Law of PRC but also highlighted that the burden of proof for establishiLink Vào Nhà Cái 8XBETbsolute grounds rejection lies with the CNIPA. This judgment is expected to positively influence similar cases in the future, as overcomiLink Vào Nhà Cái 8XBETbsolute grounds is indeed a challenging task.

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

China IP News

State Council Information Office Holds a Press Conference on Operation of National Level Intellectual Property Appeals Trial Mechanism

On February 22, 2024, Link Vào Nhà Cái 8XBETtate Council Information Office held a press conference in Beijing. Kaiyuan Tao, Vice President of Link Vào Nhà Cái 8XBETupreme People’s Court, Zhonglin He, Deputy Chief Judge of the Intellectual Property Court of Link Vào Nhà Cái 8XBETupreme People’s Court, and Xiang Zhou, Deputy Chief Judge of the Intellectual Property Court of Link Vào Nhà Cái 8XBETupreme People’s Court, presented the operation of the national-level intellectual property appeals trial mechanism.

Since its establishment on January 1, 2019, as of December 31, 2023, the Intellectual Property Court of Link Vào Nhà Cái 8XBETupreme People’s Court has accepted a total of 18,924 cases, including 18,721 cases of technical intellectual property and 203 cases of monopolies (both with an average annual growth rate of 27%). A total of 15,710 cases have been concluded.

http://www.legaldaily.com.cn/judicial/content/2024-02/26/content_8964714.html

Top 10 Typical Cases on the Fifth Anniversary of the Establishment of the Intellectual Property Court of Link Vào Nhà Cái 8XBETPC

https://mp.weixin.qq.com/s/R_WGP_gGiY1vWvauirQQog

Summary of Judgments of Intellectual Property Court of Link Vào Nhà Cái 8XBETPC (2023)

The case represented by LoLink Vào Nhà Cái 8XBETn – Presumption of infringement of all technical secrets

Case No. (2021) SPC Zhi Min Zhong 1031

[Judgment Summary]

In a dispute over infringement on technical secrets, where the right holder claims to protect the technical information in the whole set of technical process drawings, the alleged infringer has access to the right holder’s drawings, and the accused infringer’s drawings completely reflect the technical process, some of the information is substantially Link Vào Nhà Cái 8XBETame as the information in the right holder’s drawings, even the non-universal symbols or the typos are Link Vào Nhà Cái 8XBETame, among others, and the accused infringer fails to reasonably explain such information, it may be presumed that the infringer unlawfully obtained and used the technical information in the whole set of technical process drawings of the right holder.

[Typicality]

1. This case is the first in a series of trade secret infringement cases. Following this case, the plaintiff filed four additional trade secret infringement cases based on different project implementation locations, with a total claim amount of CNY 250 million. The judgment of this case directly impacts Link Vào Nhà Cái 8XBETubsequent cases.
2. The involved technology secrets pertain to large-scale projects, and there is an abundance of material evidence. The SPC set up a panel of five judges, which conducted three consecutive days of hearings, indicatiLink Vào Nhà Cái 8XBET substantial workload.
3. It successfully achieved the revocation of the first-instance judgment that ordered the legal representative to bear joint liability, and rejection of the plaintiff’s claims against the legal representative, and helped other defendants significantly reduce the compensation amount.
4. This case further clarifies the manner in which legal representatives bear responsibility in technology secret cases, providing certain guiding significance for similar cases.

https://mp.weixin.qq.com/s/DyUySlCNKlvtzVA7x8fUpQ

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