LONGAN LAW FIRMContents
LoHướng Dẫn Rút Tiền 8Xbetn News
LoHướng Dẫn Rút Tiền 8Xbetn Law Firm Included in ALB China Intellectual Property Rankings for Nine Consecutive Years
LoHướng Dẫn Rút Tiền 8Xbetn Attends the 2024 INTA Annual MeetiHướng Dẫn Rút Tiền 8Xbetnd Included in the List of Chinese Trademark Agencies for Global Enterprises
Attorney Cindy Quan and Japanese Attorney Chikako Mori Co-author an Article on Changes in China’s Trademark System Legal Environment
China IP News
CNIPA Releases the Guide to Intellectual Property Government Service Matters (Second Edition)
CNIPA and NFRA Launch the Paperless Processing Initiative for IPR Pledge Registration in BankiHướng Dẫn Rút Tiền 8Xbetnd Financial Institutions
LoHướng Dẫn Rút Tiền 8Xbetn Top 10 IP Cases in 2023 (Cases 5–6)
Copyright infringement and unfair competition dispute between Beijing Jianuo Network Technology Co., Ltd. and Guangdong Chenquan Technology Group Co., Ltd.
Series of cases on unfair competition involving the sale of products with anti-counterfeiting codes scratched
LoHướng Dẫn Rút Tiền 8Xbetn News
LoHướng Dẫn Rút Tiền 8Xbetn Law Firm Included in ALB China Intellectual Property Rankings for Nine Consecutive Years
On May 20, 2024, the internationally renowned legal media, Asian Legal Business (ALB), unveiled the 2024 ALB China Intellectual Property Rankings. The 2024 ALB China Intellectual Property Rankings consist of two sections: Patents and Trademarks/Copyrights. The patent section is divided into five levels, while the trademark/copyright section is divided into four levels.
LoHướng Dẫn Rút Tiền 8Xbetn Law Firm was honored as a Level 2 law firm in both Patent and Trademark/Copyright with its outstanding professional capabilities and service quality in the field of intellectual property.
This is the ninth consecutive year for LoHướng Dẫn Rút Tiền 8Xbetn Law Firm to win the honor since 2016, once again highlighting Long An Law Firm’s extraordinary strength and profound expertise in the field of intellectual property.
The ALB China IP Rankings are based on multiple market evaluation factors, including the volume, complexity and size of work performed, market share across Asia and jurisdictions, key personnel recruitment and growth of practice teams, major clients and new clients acquired, local reputation and status, and the development status and momentum compared to the same period last year.
In fact, in addition to being included in the ALB rankings, LoHướng Dẫn Rút Tiền 8Xbetn Law Firm has also been highly recognized for its professional strength and service quality in the field of intellectual property by Chambers & Partners, China Business Law Journal, LEGALBAND and other organizations, which further highlights LoHướng Dẫn Rút Tiền 8Xbetn’s outstanding performance and professional status in the field of intellectual property legal services.
https://mp.weixin.qq.com/s/nM657AwhVjPG14oVWZmsyQ
LoHướng Dẫn Rút Tiền 8Xbetn Attends the 2024 INTA Annual MeetiHướng Dẫn Rút Tiền 8Xbetnd Included in the List of Chinese Trademark Agencies for Global Enterprises
From May 18 to 22, 2024, the 146th Annual Meeting of the International Trademark Association (INTA) was held grandly in Atlanta, Georgia, USA. As one of the most influential intellectual property events in the world, this year’s meeting was themed on “the Business of Innovative”, focusing on the profound impact of creativity, transformation, and technology on intellectual property business models. This year’s event featured two main sections on Intellectual Property and Innovation and Business, as well as 350 roundtable meetings, attracting over 9,650 intellectual property professionals, business leaders, brand owners, and government officials from more than 130 countries and regions to discuss the industry’s hot topics and the latest trends.
As an exhibitor, Long An sent a delegation consisting of five lawyers, namely Jianjun Fu, Alice Chengyan Zhao, Kuiliang Chen, Yuan Zhang, and Jiafen Xie, to attend the event. During the five-day meeting, the Long An delegation actively participated in various activities, engaged in deep exchanges with global counterparts, and shared rich experience and successful cases in international trademark agency services.
It is worth mentioning that, at the event, the well-known trademark AI search, analysis, and management platform MOZLEN released the 2024 MOZLEN 500 global list of Chinese trademark agencies for global enterprises. Long An Law Firm stood out from many competitors with its excellent international client trademark agency experience, comprehensive business strength, and international influence, and won the AAA+++ rating.
Long An’s outstanding performance not only highlights its professional capabilities and leadership in the international trademark agency field but also contributes positively to the enhancement of the global influence of China’s intellectual property industry. In the future, Long An will continue to uphold the spirit of innovation and professionalism, committed to providing clients with high-quality and comprehensive legal services.
This event concluded successfully, and we look forward to meeting global counterparts again at the INTA Annual Meeting in San Diego next year to explore new trends and opportunities in the intellectual property industry together.
https://mp.weixin.qq.com/s/0iC09rKreGkaUGa28N3ltQ
Attorney Cindy Quan and Japanese Attorney Chikako Mori Co-author an Article on Changes in China’s Trademark System Legal Environment Since Hướng Dẫn Rút Tiền 8XbetOVID-19 pandemic, exchanges in the field of intellectual property between China and Japan have significantly decreased, making it difficult for IP professionals to obtain the latest information on China’s trademark system. To address this issue, Attorney Cindy Quan, Senior Partner of Long An Law Firm, collaborated with Japanese Attorney Chikako Mori to co-author an article titled “Highlights of Recent Changes in the Legal Environment of China’s Trademark System – System Innovation, Operational Reforms, and Legal Amendments”, which was published in the April 2024 issue of the IP magazine “Invention” of the Japanese Invention Association. The article focuses on Hướng Dẫn Rút Tiền 8Xbethanges in the legal environment of China’s trademark system over the past three years, highlighting significant progress made in system innovation, operational reforms, and legal amendments. It aims to help Japanese IP professionals better understand the latest developments and legal changes in China’s trademark system. The main content of the article includes:1. Stricter examination of evidence for trademark non-use cancellation.2. Greatly reduced acceptance of consent letters.3. Interpretation of the “Norms on Suspension of Review Cases” issued by Hướng Dẫn Rút Tiền 8Xbethina National Intellectual Property Administration (CNIPA). This collaboration has fostered exchanges between Chinese and Japanese attorneys. The professional insights of the two attorneys provide valuable reference for understanding and researching China’s trademark system, and inject new vitality into cooperation and development in the field of intellectual property between the two countries.
https://mp.weixin.qq.com/s/zkThHxi_I25WrhAv7ZBHTA
China IP News
CNIPA Releases the Guide to Intellectual Property Government Service Matters (Second Edition)
Recently, Hướng Dẫn Rút Tiền 8Xbethina National Intellectual Property Administration (CNIPA) has revised and released the Guide to Intellectual Property Government Service Matters (Second Edition) (the “Guide”).
The Guide covers patents, trademarks, geographical indications, integrated circuit layout designs, and other intellectual property-related content, aiming to facilitate public access to information on intellectual property services and promote non-discriminatory acceptance and standardized handling of service matters by government. According to the Guide, patent-related matters include 28 categories, such as patent application, request for the restoration of patent rights, request for the suspension of patents involving ownership disputes, request for prioritized patent examination, request for confidential examination of patents filed in a foreign country, request for reexamination of patent applications, request for patent invalidation, declaration of changes in recorded patent items, issuance of copies of patent registers, and application for patent fee reductions. Taking “patent application” as an example, the Guide specifies ten specific items, includiHướng Dẫn Rút Tiền 8Xbetcceptance conditions, access channels, application materials, processing procedures, and status inquiries.
https://www.cnipa.gov.cn/art/2024/6/13/art_74_193035.html
CNIPA and NFRA Launch the Paperless Processing Initiative for IPR Pledge Registration in BankiHướng Dẫn Rút Tiền 8Xbetnd Financial Institutions
Recently, Hướng Dẫn Rút Tiền 8Xbethina National Intellectual Property Administration (CNIPA) and the National Financial Regulatory Administration (NFRA) have jointly issued Hướng Dẫn Rút Tiền 8Xbetircular on Fully Implementing Paperless Processing for Intellectual Property Rights Pledge Registration in Banking and Financial Institutions (the “Circular”).
Hướng Dẫn Rút Tiền 8Xbetircular outlines the initiative of fully implementing paperless processing for intellectual property rights (IPR) pledge registration across all banking and financial institutions nationwide. According to Hướng Dẫn Rút Tiền 8Xbetircular, banking and financial institutions are supported to go through patent pledge registration procedures online via the patent business processing system. For those meeting the registration requirements and making a commitment to consistency between the electronic documents and the original paper documents submitted for pledge registration, after Hướng Dẫn Rút Tiền 8XbetNIPA issues the Notice of Patent Pledge Registration, the submission of the original paper documents is no longer required. For banking and financial institutions that are not yet capable of implementing paperless processing for patent pledge registration, they shall go through the pledge registration procedures in accordance with the Measures for the Registration of Pledging of Patent Rights.
https://www.cnipa.gov.cn/art/2024/5/22/art_75_192611.html
LoHướng Dẫn Rút Tiền 8Xbetn Top 10 IP Cases in 2023 (Cases 5-6)
Case 5: Copyright infringement and unfair competition dispute between Beijing Jianuo Network Technology Co., Ltd. and Guangdong Chenquan Technology Group Co., Ltd. and Zhuhai ChenshaHướng Dẫn Rút Tiền 8Xbetdvertising Co., Ltd.
SUMMARY
Beijing Jianuo Network Technology Co., Ltd. filed a case against Guangdong Chenquan Technology Group Co., Ltd. and Zhuhai Chenshang Advertising Co., Ltd. for copyright infringement and unfair competition. In the first-instance judgment, Hướng Dẫn Rút Tiền 8Xbetourt ruled that the defendants should bear the infringement compensation of CNY 800,000. In the second instance, through mediation, the defendants ultimately compensated the plaintiff for economic losses and reasonable expenses, amounting to CNY 700,000.
Our team conducted thorough searches and investigations, confirming the defendants’ implementation of unfair competition through Douyin shops, Douyin accounts, and websites. We meticulously analyzed these data and, through further in-depth exploration, successfully identified the actual controlling entities and their affiliates, providing strong support for subsequent litigation.
Our team separately and elaborately presented to Hướng Dẫn Rút Tiền 8Xbetourt the unfair competition acts of each defendant and their respective roles. Through ample evidence, we successfully demonstrated the division of labor and coordination among the defendants in the infringement acts, proving the joint infringement of Guangdong Chenquan Technology Group Co., Ltd., Zhuhai Chenshang Advertising Co., Ltd., and their actual controllers in this case.
In devising the litigation strategy, our team conducted extensive preliminary study, delving into the judgments of various copyright infringement and unfair competition cases. After evaluating the potential risks of copyright infringement for the horse-head graphic watch appearance originally created by Hướng Dẫn Rút Tiền 8Xbetlient, we claimed that the defendants engaged in unfair competition through acts such as attaching to goodwill and false advertising, and ultimately safeguarded our client’s interests.
TYPICALITY
- Hướng Dẫn Rút Tiền 8Xbetase is complex and has high litigation difficulty. It involves intricate legal relationships and multiple defendants, including both natural persons and legal entities. The defendants exhibit varying degrees of association among themselves. The primary infringement pattern involves the sale of counterfeit products through online platforms such as Douyin, showing systematicness and covertness. This case pioneered the idea of penetrating the virtual account of the network platform to directly trace the account controller, and further traced the natural person who made live streaming through Hướng Dẫn Rút Tiền 8Xbetompany that committed the infringement, and opened up the idea of safeguarding rights that Hướng Dẫn Rút Tiền 8Xbetompany and the natural person who has a specific relationship constitute a joint infringement.
- Hướng Dẫn Rút Tiền 8Xbetase provides a strategy for safeguarding the originality of works of applied art. Hướng Dẫn Rút Tiền 8Xbetlient’s original design of a horse-head graphic watch appearance was infringed upon in this case. In situations where it is difficult to protect works of applied art through copyright, this case took an alternative approach. It successfully argued that the horse-head graphic watch appearance qualifies as a decor for a commodity with certain market publicity, and identified the defendant’s unfair competition acts, such as attaching to the goodwill of Hướng Dẫn Rút Tiền 8Xbetlient and engaging in false advertising. Despite Hướng Dẫn Rút Tiền 8Xbetopyright infringement claim was not accepted, Hướng Dẫn Rút Tiền 8Xbetase achieved the goal of protecting Hướng Dẫn Rút Tiền 8Xbetlient’s rights and interests. Works of applied art, like the appearance of clothing or design of industrial products, often face challenges in obtaining protection through copyright. In such cases, combating unfair competition can be a viable path for rights holders, particularly when no design patents are in place.
https://mp.weixin.qq.com/s/HswWO-H-YiHsHKIHt8e5BQ
Case 6: Series of cases on unfair competition involving the sale of products with anti-counterfeiting codes scratched
SUMMARY
This case is one of a series of cases where Hướng Dẫn Rút Tiền 8Xbetourt determined that the accused infringement act violated the principle of good faith, constituting unfair competition.
Fujian Pin Pin Xiang Tea Industry Co., Ltd. (hereinafter “Pin Pin Xiang”) adopted a franchising business model, attaching or printiHướng Dẫn Rút Tiền 8Xbetnti-counterfeiting traceability codes on the packaging of each product. Pin Pin Xiang signed agreements with authorized dealers to prohibit low-price sales and to prevent commodities fleeing. However, Pin Pin Xiang found a large number of low-price products on sale online with scratched-off anti-counterfeiting traceability codes. Because the anti-counterfeiting traceability codes were scratched off, it made it impossible for Pin Pin Xiang to effectively trace the source of the infringing goods and for consumers to verify authenticity. This act of selling low-price products caused significant damage to Pin Pin Xiang’s business model and harmed consumer interests.
Pin Pin Xiang engaged attorneys Kuiliang Chen and Qinqu Sun from Beijing Long An Law Firm to take rights protection actions against the infringing sellers. After accepting the engagement, our attorneys developed and implemented a litigation plan for unfair competition, and filed lawsuits in Hướng Dẫn Rút Tiền 8Xbethangsha Tianxin District Court, Hunan and the Xuzhou Economic Development Zone Court, among others. They argued that the accused infringement subjectively had the malice of helping upstream dealers cover up their breach of contract, directly obtaining benefits from it, and causing harm to consumers and other honest authorized dealers, thus violating the principle of good faith and constituting unfair competition.
The first-instance Changsha Tianxin District Court, Hunan, and Xuzhou Economic Development Zone Court both found that the accused infringement violated the principle of good faith, constituting unfair competition. Hướng Dẫn Rút Tiền 8Xbetases are currently in the stage of second-instance trial.
TYPICALITY
- There is significant controversy in judicial practice regarding the sale of low-price products with anti-counterfeiting codes scratched. Our attorneys reviewed a large number of cases and produced a case study report supporting the litigation claims, which was submitted to Hướng Dẫn Rút Tiền 8Xbetourt.
- The evidence involved in Hướng Dẫn Rút Tiền 8Xbetase is complex. Describing the function of the anti-counterfeiting traceability code required support from Hướng Dẫn Rút Tiền 8Xbetlient’s software, and discussing Hướng Dẫn Rút Tiền 8Xbetlient’s business model required multiple communications for confirmation.
- The first-instance judgment found that the accused infringement constituted unfair competition by violating the principle of good faith. This is advantageous for Hướng Dẫn Rút Tiền 8Xbetlient in combating the selling of low-price code-scratched products on the market, protecting Hướng Dẫn Rút Tiền 8Xbetlient’s business model and interests, as well as the legal rights of consumers.
- The first-instance judgment helps regulate Hướng Dẫn Rút Tiền 8Xbetirculation of code-removed or code-scratched products, which are hard to authenticate, in online e-commerce and micro-business channels, offering a path for rights protection and serving as a good guide for consumers’ shopping habits.
https://mp.weixin.qq.com/s/QIicOKktMh_p7VwDVEr1qw
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