LONGAN IP Newsletter No.9 2024

Contents

Lođăng nhập 8xbetn News

Attorney Qin LI Joins Lođăng nhập 8xbetn Law Firm

A Lođăng nhập 8xbetn Lawyer Invited to Provide Specialized Training on the New Company Law for China Minsheng Bank

China IP News

CNIPA: Guidelines on the Restoration of Priority, and Addition or Correction of Priority Claims

Beijing Internet Court Releases the White Paper and Typical Cases on Service Supporting New Quality Productive Forces

Lođăng nhập 8xbetn Notable Cases

Lođăng nhập 8xbetn Assists a Well-Known Japanese Children’s Picture Book Publisher in Winning Trademark Invalidation Reversal in the First Instance Trial


Lođăng nhập 8xbetn News

Attorney Qin LI Joins Lođăng nhập 8xbetn Law Firm

Recently, Attorney Qin LI, who has extensive experience in the field of intellectual property, joined Lođăng nhập 8xbetn Law Firm, becomiđăng nhập 8xbet key member of the Lođăng nhập 8xbetn IP team.

Attorney Qin LI holds a master’s degree in law from China University of Political Science and Law and has studied U.S. trademark law at BSKB law firm in the United States. Since starting her trademark law practice in 2007, Qin LI has accumulated 18 years of experience, advisiđăng nhập 8xbet variety of clients, from SMEs to Fortune 500 companies, on all facets of brand management. She is proficient in Chinese trademark prosecution, administrative protection of trademark rights, oppositions, cancellation proceedings, trademark licensing/assignment, and trademark litigations, including re-trial cases before the Supreme People’s Court. She also has extensive experience in domain name disputes, anti-unfair competition, copyright disputes, etc.

Typical Cases:

PwC serial trademark invalidations and litigations

DFB serial trademark reviews of refusal and cancellations

Standard Poor serial trademark oppositions and invalidations

LEICA ivision trademark cancellation and litigation

GATES GATCL serial trademark oppositions and invalidations

HETTICH serial trademark oppositions, invalidations and litigations

JEANSLEE trademark invalidation and litigation

Wyndham serial trademark oppositions and invalidations

https://mp.weixin.qq.com/s/ULmoBv0-cBrxdc9akKL0ww

A Lođăng nhập 8xbetn Lawyer Invited to Provide Specialized Training on the New Company Law for China Minsheng Bank

Recently, the Shanghai Pilot Free Trade Zone Branch of China Minsheng Bank Co., Ltd. held a specialized legal training session on the new Company Law. Key personnel from various departments, including frontline business, asset management, and legal compliance, participated in the training. Enlin HUANG, Senior Partner of Beijing Lođăng nhập 8xbetn (Shenzhen) Law Firm, was invited to give a lecture themed “Changes in the New Company Law from the Perspective of Creditors—Focusing on New and Revised Provisions”.

https://mp.weixin.qq.com/s/I4jRRc__r2X11NkiApnnBg

 

China IP News

 

CNIPA: Guidelines on the Restoration of Priority, and Addition or Correction of Priority Claims

The revised Implementation Regulations of the Patent Law of the People’s Republic of China introduced a new mechanism of restoration of priority, and addition or correction of the priority claims, which guides applicants to effectively handle the matters regarding the priority period and formalities, and aligns with the relevant rules for international applications under the Patent Cooperation Treaty (PCT). The Guidelines aim at guiding innovative entities to understand and utilize the guidelines on restoration of priority, and addition or correction of priority claims, facilitatiđăng nhập 8xbetpplicants in procedures related to patent applications and promoting the high-quality development of the patent industry.

https://mp.weixin.qq.com/s/TK-0O1jnCCt262RY-TeZTQ

 

Beijing Internet Court Releases the White Paper and Typical Cases on Service Supporting New Quality Productive Forces

On August 26, the Beijing Internet Court released the White Paper on Service Supporting the Accelerated Development of New Quality Productive Forces along with the “Top Ten Typical Cases of Service Supporting New Quality Productive Forces”.

Ying JIANG, Party secretary and president of the Beijing Internet Court, presented the White Paper. According to the White Paper, as of June 30, 2024, the Beijing Internet Court has accepted 219,695 cases and 214,469 cases were closed, with copyright disputes, online tort liability disputes, and online data sales contract disputes being the primary case types. Copyright disputes accounted for the largest proportion at 62.41%.

Ruigang ZHAO, vice president of the Beijing Internet Court, announced the “Top Ten Typical Cases of Service Supporting New Quality Productive Forces”. The cases clarified several key legal rules, including that an individual’s voice rights extend to AI-generated voices, and that creatiđăng nhập 8xbetI images of individuals without their consent constitutes an infringement of personality rights. Additionally, displayiđăng nhập 8xbetnd selling NFT digital collections without authorization from the copyright owner is considered infringement. If a vehicle system provider and content provider collaborate to infringe copyrights, both parties will be held jointly liable. Moreover, a data registration certificate provides preliminary proof of data ownership and its legitimate source. The rulings in these cases fill numerous gaps in judicial rules related to new quality productive forces, further clarify the boundaries of rights, and promote the high-quality development of the digital economy.

https://mp.weixin.qq.com/s/9Jgp_P_FJi9PHpVXnp5WnQ

 

Lođăng nhập 8xbetn Notable Cases

Lođăng nhập 8xbetn Assists a Well-Known Japanese Children’s Picture Book Publisher in Winning Trademark Invalidation Reversal in the First Instance Trial

Recently, attorneys Cindy QUAN, Jianjun FU, Yan ZHANG, and Yuan ZHANG from Lođăng nhập 8xbetn Law Firm successfully represented Poplar Publishing Co., Ltd. in the first instance trial, overturning the decision in a trademark invalidation lawsuit against Crocodile International Holdings Limited. The dispute focus in the case was whether the disputed trademark and the cited trademark constituted similar marks, thus violatiđăng nhập 8xbetrticles 30 and 31 of the Trademark Law.

Poplar Publishing Co., Ltd., our client, is a renowned Japanese children’s picture book publisher whose works are widely known by children and parents in China. Notable titles include Tatsuya Miyanishi’s You Look Yummy dinosaur series, Ant and Watermelon, Diary of a Worm, etc. The disputed trademark in this case “” is the image of a tyrannosaurus from Tatsuya Miyanishi’s classic best-selling picture book You Look Yummy.

Before the proceeding, Crocodile International filed an invalidation request against the disputed trademark. The China National Intellectual Property Administration (CNIPA) held that the disputed trademark and the cited trademark were similar, and thus invalidated the disputed trademark. Our client then initiated the administrative proceeding. We further gathered and submitted evidence of the promotional use of the disputed trademark, emphasizing that the trademark enjoys wide recognition and that the relevant consumer groups for both trademarks differ, thus preventiđăng nhập 8xbetny likelihood of confusion.

Finally, the Beijing Intellectual Property Court ruled in favor of Poplar Publishing, holding that the disputed trademark “” and the cited trademark of Crocodile International are not similar. The court overturned CNIPA’s invalidation decision. Moreover, the court recognized that Poplar Publishiđăng nhập 8xbetnd the tyrannosaurus image in You Look Yummy had gained considerable recognition, allowing the relevant public to associate the image uniquely with Poplar Publishing.

In the current background of vigorously combating malicious trademark registration, it is equally important to prevent the client from being wrongfully affected. Through their efforts, Lođăng nhập 8xbetn trademark team not only successfully maintained the client’s trademark registration but also established the widespread recognition of the tyrannosaurus image from the picture book. This result demonstrates Lođăng nhập 8xbetn trademark team’s professional expertise, securiđăng nhập 8xbet favorable outcome for the client.

https://mp.weixin.qq.com/s/Yd5glvkHmK1_J7pFGYJM5g

For more details, please follow us on:

  đăng nhập 8xbet