Recently, our firm won the first instance of an administrative litigation case for invalidation of an invention patent, in which it is ruled that the invention patent should be comp...
Introduction In the chemical field, it is difficult to seek invalidation of a patent claiming to have achieved unexpected technical effect. This case provides a strategy for success...
Amperex Technology Limited (ATL) is suing Zhuhai CosMX Battery Co., Ltd, the first company in Zhuhai listed in SSE STAR Market (Sci-tech Innovation Board of Shanghai Stock Exchange). The lawsuit involves four patents (one invention patent and three utility model patents).
It is reported that several patent lawsuits have previously occurred between CosMX and Amperex, involving 11 patents, 19 end-customer products, and 13 battery models, totaling approximately RMB 134 million. (January 20, IPRdaily)
Trademark
China’s largest packaged drinking water supplier Nongfu Spring（农夫山泉）successfully opposed the trademark“农夫有点田”
Recently, the decision of disapproval of the registration of the trademark No. 45268822 “农夫有点田” is published.
According to the Decision, Nongfu Spring Co., Ltd filed an opposition against the natural person Gong XX’s trademark application of“农夫有点田”in food class. The CNIPA held that because the opposed trademark contains the distinctive portion of the word “农夫”of the opposing party’s cited trademark and the opposing party has widely publicized the advertising slogan“农夫山泉有点儿甜(means Nongfu Spring is a bit sweet)”, the trademarks of the two parties have constituted similar trademarks used on similar goods, and thus disapproved the registration of the trademark No. 45268822 “农夫有点田”under the Trademark Law. (January 19, Financial Sector)
Copyright
iFLYTEK’ APP “听书神器(audio book)” accused of copyright infringement! The second instance affirmed its non-infringement
The APP “听书神器(audio book)” developed by iFLYTEK can synthesize the voice of online works for users to listen to in real time as per their requests. In November 2019, Shanghai XuanTing Entertainment Information Technology Co., Ltd. sent a lawyer's letter to iFLYTEK, claiming that the software's “transcoding and text-to-speech function” constituted direct infringement of the copying right and information network transmission right of the relevant online works.
Recently, the Hefei Intermediate Court ruled in the second trial that transcoding is a neutral technology, and the APP “听书神器(audio book)” does not store or duplicate the content. Users trigger transcoding and obtain transcoded content, which cannot be used by other users at the same time or re-use. Thus the second trial upheld the first instance decision made by The Primary People's Court of Hefei Hightech Industrial Development Zone, and affirmed that the APP “听书神器(audio book)” does not constitute infringement.(Jan.13, IPRdaily)
Unfair competition
The first instance judgment of China’s first unfair competition case involving click farming1 in e-commerce is announced: Woaiwang compensates Baidu RMB 2.05 million
The first instance judgment of China’s first unfair competition case involving manual click farming platform interference with the search engine algorithm is announced, ruling the defendant Shenzhen Woaiwang Technology Limited Company to make announcement in the newspaper to eliminate the ill effects, and compensate the plaintiff Beijing Baidu Network Communication Technology Limited Company economic losses of RMB 2 million and reasonable expenses of RMB 50,000. (January 14, Silver Persimmon Finance)
Political related
RCEP comes into force, IP is ready!
The Regional Comprehensive Economic Partnership (RCEP) entered into force on January 1, 2022, for ten countries - Brunei, Cambodia, Laos, Singapore, Thailand, Vietnam, China, Japan, New Zealand, and Australia - and on February 1, for South Korea.
Among them, the intellectual property chapter is the most comprehensive and lengthy in RCEP. Copyright, trademarks, geographical indications, patents, designs, genetic resources, traditional knowledge and folklore, anti-unfair competition, IPR enforcement, cooperation, transparency, and technical assistance are all covered in the chapter. (Jan.5, IPRdaily)
Announcement on the Release of Measures for Accelerated Examination of Trademark Applications (for Trial Implementation) (No. 467)
The CNIPA issued the Measures for Accelerated Examination of Trademark Applications (for Trial Implementation) on January 14, 2022, which shall come into effect from the date of its issuance.
The Measures stipulates the circumstances under which a trademark may be applied for accelerated examination, the conditions to be met, the required documents, and the examination period. (January 18, the CNIPA)
