LONGAN LAW FIRMContents
Long An News
The Intellectual Property Legal Salon Co-organized by Long An Law Firm Concluded Successfully
Attorney Cindy QUAN Delivers A Keynote Speech at the 16th IP Conference in Hong Kong
The Fifth Session 8xbet apphe Fifth Long An Development Fund Council Successfully Held in Foshan
Long An Notable Cases
Long An Successfully Reversed Decision in Client’s Appeal 8xbet apprademark Rejection Review Administrative Litigation
China IP News
The China National Intellectual Property Administration (CNIPA) Releases “Statistical Analysis Report on Patents in Core Industries 8xbet apphe Digital Economy (2024)”
China’8xbet appvention Patent Grant8xbet appcreased by 26.16% YoY and Utility Model Patent Grants Decreased by 6.27% YoY in January to July 2024
Long An Top 10 IP Case8xbet app 2023 (Cases 9-10)
Case 9: SEB v. Guangdong Midea Home Appliance Manufacturing Co., Ltd. Patent Infringement Dispute
Case 10: China Resource8xbet apptellectual Property Management Co., Ltd. v. Hunan XX Group Co., Ltd., and Huaihua XX Property Service Co., Ltd. regarding trademark infringement and unfair competition disputes
Long An News
The Intellectual Property Legal Salon Co-organized by Long An Law Firm Concluded Successfully
On July 19, 2024, the Legal Salon on Intellectual Property under the background of new quality productive forces construction was successfully held at the Sheraton Hotel in Foshan. The event was guided by the Foshan Municipal Bureau of Justice, the Shunde District Market Regulation Administration (Intellectual Property Bureau), the Shunde Bureau of Justice, and the Foshan Lawyers Association. It was organized by the Shunde Law Society and co-organized by the Shunde District Working Committee 8xbet apphe Foshan Lawyers Association, Long An (Foshan) Law Firm, and the Long An Greater Bay Area Intellectual Property Research Center.
The event aimed to explore the acceleration of building an intellectual property protection system that supports a first-class business environment, empowering technological self-reliance and driving the development of new quality productive force8xbet app Foshan.
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Attorney Cindy QUAN Delivers A Keynote Speech at the 16th IP Conference in Hong Kong
From July 25 to 27, 2024, the 16th IP Conference was grandly held at the Bank of America Tower in Hong Kong. The conference was co-hosted by the Faculty of Law at the Chinese University of Hong Kong, the Center for Legal Innovation and Digital Society (CLINDS), the International Intangible Assets Institute (IIAI), and the Asia Innovation and Intellectual Property Society (AIIPS). The theme 8xbet apphe conference was the “Future of Artificial Intelligence (AI) and Intangible Assets (IA)”.
Attorney Cindy QUAN, Senior Partner of Long An Law Firm, wa8xbet appvited to attend the conference and delivered a keynote speech titled “China’8xbet apptellectual Property for AI”. In her speech, Attorney QUAN categorized AI product8xbet appto “AI-based products” and “AI-generated products”. She then analyzed the types of intellectual property protection available for each category and discussed the controversial issue8xbet appvolved.
Attorney QUAN’s speech provided a clear perspective and offered attendees a unique analytical viewpoint, earning widespread recognition and high praise from the attendees.
The conference attracted more than 80 renowned experts, scholars, and practitioner8xbet app the fields of AI, intellectual property, and law from the Asia-Pacific region, the European Union, and North America. It was not only a grand academic exchange event but also an important platform for promoting international cooperation in the field of intellectual property.
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The Fifth Session 8xbet apphe Fifth Long An Development Fund Council Successfully Held in Foshan
On July 20, 2024, the fifth session 8xbet apphe fifth Long An Development Fund Council was successfully held at the Sheraton Shunde Hotel in Foshan. More than 60 directors, supervisors, and partner representatives from Long An’s offices across the country gathered to discuss the development of Long An. Mr. Jiali XU, founding partner of Long An and lifelong honorary chairman 8xbet apphe council, delivered a speech titled “Some Thoughts on the Establishment of Long An’s Offices across China”.
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Long An Notable Cases
Long An Successfully Reversed Decision in Client’s Appeal 8xbet apprademark Rejection Review Administrative Litigation
Recently, Long An lawyers Cindy QUAN, Jianjun FU, Chengyan (Alice) ZHAO, and Jiafen XIE successfully reversed the decision in an appeal of a trademark rejection review administrative litigation on behalf 8xbet apphe client. The Beijing High People’s Court ruled to overturn the first-instance judgment, and the decision made by the China National Intellectual Property Administration (CNIPA) on the trademark rejection review, and ordered the CNIPA to make a new decision.
The client is an Italian ham brand company with over 200 years of history. The case involved two cited trademark obstacles to the disputed trademark. Specifically, the first cited trademark was removed from similar goods through the trademark cancellation procedure for non-use over three consecutive years, thereby eliminating it as an obstacle to the disputed trademark. As a result, the dispute focus 8xbet apphe second-instance trial was whether the disputed trademark and the second cited trademark constituted the situation specified in Article 30 8xbet apphe Trademark Law.
To overcome the second cited trademark obstacle, Long An lawyers actively approached the registrant 8xbet apphe cited trademark and obtained a trademark coexistence consent from him. Unfortunately, the first-instance court held that even though the owner 8xbet apphe second cited trademark agreed to the registration 8xbet apphe disputed trademark, the two trademarks were similar, and their coexistence on the same or similar goods would make it difficult for the relevant public to distinguish the source 8xbet apphe goods. Therefore, the court ruled that the registration application for the disputed trademark violated Article 30 8xbet apphe Trademark Law and rejected our claim.
Subsequently, Long An lawyers actively negotiated with the trademark owner regarding the reduction 8xbet apphe conflicting goods. Ultimately, the trademark owner agreed to reduce the registration 8xbet apphe second cited trademark on the conflicting goods. We submitted evidence 8xbet apphe approved reduction to the second-instance court. The Beijing High People’s Court eventually ruled to overturn the first-instance administrative judgment made by the Beijing Intellectual Property Court, and the trademark rejection review decision made by the CNIPA, and ordered the CNIPA to make a new decision.
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China IP News
The China National Intellectual Property Administration (CNIPA) Releases “Statistical Analysis Report on Patents in Core Industries 8xbet apphe Digital Economy (2024)”
World:
In 2023, the number of granted invention patents in core industries 8xbet apphe global digital economy reached 888,000, a year-on-year increase of 11.7%. These patents accounted for 44.4% 8xbet apphe total global granted invention patents, which is 5.8 percentage points higher than that in 2016. By the end of 2023, the number of valid invention patents in these core industries worldwide was 6.524 million, representing 44.5% 8xbet apphe global total for valid invention patents.
China:
In 2023, the number of granted invention patents in China’s core industries 8xbet apphe digital economy was 406,000, a year-on-year increase of 21.2%. These patents accounted for 44.1% 8xbet apphe total granted invention patents, up 13.5 percentage points from 2016. By the end of 2023, the number of valid invention patents in China’s digital economy core industries reached 1.953 million, accounting for 39.1% 8xbet apphe nation’s total valid invention patents; 8xbet apphese, 1.602 million were domestic patents, making up 39.2% 8xbet apphe total domestic valid invention patents.
Foreign Patent8xbet app China:
By the end of 2023, a total of 93 countries/regions held 351,000 valid invention patents in China’s core industries 8xbet apphe digital economy, accounting for 39.1% 8xbet apphe total foreign valid invention patents in China. Among these, 19,000 companies held 344,000 patents. The top ten countries/regions were Japan (115,000 patents), the United States (101,000 patents), South Korea (43,000 patents), Germany (24,000 patents), the Cayman Islands (12,000 patents), the Netherlands (8,657 patents), France (7,661 patents), Sweden (6,391 patents), Switzerland (4,923 patents), and Singapore (4,536 patents).
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China’8xbet appvention Patent Grant8xbet appcreased by 26.16% YoY and Utility Model Patent Grants Decreased by 6.27% YoY in January to July 2024
Recently, the China National Intellectual Property Administration (CNIPA) released a report on the main intellectual property statistics for January to July 2024. Compared to the same period in 2023, the number of invention patent grant8xbet appcreased by 26.16% year-on-year, utility model patent grants decreased by 6.27%, and design patent grant8xbet appcreased by 10.02%.
| Patent Grants | Invention Patents | Utility Patents | Design Patents | Total |
| January to July 2023 | 515,205 | 1,253,645 | 323,038 | 2,091,888 |
| January to July 2024 | 650,000 | 1,175,000 | 359,000 | 2,184,000 |
| Increase | 134,795 | -78,645 | 35,962 | 92,112 |
| YoY | 26.16% | -6.27% | 10.02% | 4.4% |
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Long An Top 10 IP Case8xbet app 2023 (Cases 9-10)
Case 9: SEB v. Guangdong Midea Home Appliance Manufacturing Co., Ltd. Patent Infringement Dispute
SUMMARY
SEB filed a lawsuit against Midea in the Guangzhou Intellectual Property Court for infringement of its cooking machine patent. The first-instance court found no infringement and ruled in favor 8xbet apphe defendant, and both parties appealed. The second-instance Supreme People’s Court upheld the first-instance judgment, and fully accepted all of our claims. The Long An team represented the three Midea companies in the first and second instances 8xbet apphis case.
TYPICALITY
- The patent at issue involves function calculation, obscure and abstract schemes, and difficulties in infringement comparison. We adopted a visual litigation approach to transform abstraction into instantiation, and refined the function calculation process 8xbet apphe patent involved into three observable steps for point-to-point comparison, making infringement comparison clear at a glance.
- We changed the first-instance court’s understanding 8xbet apphe meaning 8xbet apperms in the claims. Based on different understandings 8xbet apphe terms in the claims, the first-instance court identified one distinguishing feature we advocated as an equivalent feature. In the second instance, we did not confine ourselves to the text 8xbet apphe patent involved and sought support for our interpretation from the examination files 8xbet apphe patent involved and a large number of reference cases, successfully reversing the second-instance judge’s understanding 8xbet apphe claims.
- Although the first-instance court found no infringement, only one 8xbet apphe three distinguishing features we advocated was accepted. If only the plaintiff had appealed, our defensive space in the second instance would have been greatly reduced. To avoid losing the initiative, we also appealed the two distinguishing features that thefirst-instance court did not accept. Finally, the two distinguishing features that were not accepted in the first instance were accepted by the second-instance court, completely blocking the plaintiff’s route for overturning the case and thoroughly eliminating the client’s infringement risks.
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Case 10: China Resource8xbet apptellectual Property Management Co., Ltd. v. Hunan XX Group Co., Ltd., and Huaihua XX Property Service Co., Ltd. regarding trademark infringement and unfair competition disputes
SUMMARY
The defendants, Hunan XX Group Co., Ltd., in its real estate development and operation activities, and Huaihua XX Property Service Co., Ltd., in its property service activities, infringed upon the unregistered well-known trademarks and registered trademarks 8xbet apphe plaintiff at issue, China Resources Intellectual Property Management Co., Ltd.
During the first-instance trial, the court found the defendants guilty 8xbet apprademark infringement but held that the defendants had prior usage rights over some 8xbet apphe disputed marks, therefore not constituting infringement, and did not accept the plaintiff’s claim of unregistered well-known trademark rights. Following the first-instance judgment, both the plaintiff and the defendants appealed (Long An represented China Resources Intellectual Property Management Co., Ltd.). In the second-instance trial, the Guangdong High People’s Court accepted the plaintiff’s appeal claims that the defendants lack prior usage rights and the trademarks involved constitute unregistered well-known trademarks, and held that the first-instance court should correct the relevant errors in the decision. On September 27, 2023, the Guangdong High People’s Court made a final judgment, overturning the first-instance judgment. It ordered the defendants to immediately cease infringement, required Hunan XX Group Co., Ltd. to pay CNY 1.8 million as compensation and Huaihua XX Property Service Co., Ltd. to pay CNY 50,000 as compensation. Additionally, it mandated Hunan XX Group Co., Ltd. to publish a statement in a newspaper to mitigate the impact.
Facing unfavorable outcome on several claims during the first-instance trial, Long An team argued the appeal claims concerning “the defendant does not have prior usage rights, and its defense of non-infringement is untenable” and “the trademarks at issue have constituted unregistered well-known trademarks”. These appeals were finally accepted by the appellate court, correcting the error8xbet app the decision made by the first-instance court.
The case was complex, requiring accurate fact finding and legal judgments, especially considering the errors in the decision made by the first-instance court. The Guangdong High People’s Court acknowledged the difficulty in obtaining evidence and the complexity 8xbet apphe case, and ordered to compensate the lawyer’s fees and travel expenses claimed by China Resources Intellectual Property Management Co., Ltd., fully recognizing the value of our lawyers’ efforts.
TYPICALITY
- This case represents another significant achievement by Long An in safeguarding the rights of a well-known property brand under CR Group, a central enterprise and Fortune Global 500 company. It exemplifies our consistent efforts to support the development of central enterprise brands and optimize the business environment.
- The total damages awarded in this final judgment amount to CNY 1.85 million, relatively high compared to similar case8xbet app China, demonstrating the government’s commitment to strengthening intellectual property protection and improving the business environment.
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