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China IP,[Comprehensive Reports]

Shanghai MANSITE Beverage Company Sued by Monster Beverage for Trademark Dispute
Monster Beverage, an energy drink producer invested by Coco Cola,filed a litigation against a Chinese Beverage company — MANSITE Beverage(Shanghai) Co., Ltd. (MANSITE) for the latter's trademark invalidation due to MANSITE'S ceasing the use of the registered trademark for three consecutive years. In 2016, China Trademark Review and Adjudication Board (TRAB)withdrew the registration of the involved trademark in 2 types (beer and beverages), but maintained the validation of the trademark in other types.Monster Beverage filed this case again to the Beijing IP Court. On December28, the court ruled that the judgment was rejected and the TRAB should redetermine a decision.
 
Sogou Again Loses the Patent Case Concerning Input Method Against Baidu
Shanghai Intellectual Property Court made a judgment on the patent case of Sogou science and technology development co., LTD(Sogou) v. (Baidu) concerning"user multiple base", rejecting all the claims submitted by Sogou(the plaintiff). The court held that Baidu did not infringe the patent of Sogou's input method, and therelevant costs of the case shall be assumed by Sogou. Sogou and Baidu started their first patent dispute in 2015, and there have been 17 cases filed by Sogou against Baidu. During the past 2years, 7 patents were judged to be void in whole, 4 patents were judged to be void in part; and 9litigations have been withdrawn by the plaintiff.
 
The Invalidation Claim filed by Jinritoutiao Rejected by the PRB
On January 30, the Patent Reexamination Board of SIPO(PRB) officially rejected the invalidation claim of No.ZL201010232095.1 patent filed by Jinritoutiao and maintained the involved patent void in whole. The decision made by the PRB means that Jinritoutiao might have infringed the patent held by UC. And if the court finally ruled that UC's patent were infringed by Jinritoutiao, the latter will have to stop using the infringing functions and compensate RMB 120million yuan for its infringement.
 
Anqing Bailian Oil Free Compressor Wins Trademark Case
Anqing Bailian Oil-Free Compressor Co., Ltd, a R&D-driven compressor maker for more than 20 years based in Anqing of Anhui province, was involved in a figure trademark dispute with the renowned automaker Fiat Chrysler Automobiles Italy Holding Co., Ltd (FCA). Recently, on the revocation of No.1432998 figure trademark (trademark in dispute), Beijing Higher People's Court made a final judgment overturning both the first-instance ruling and the Trademark Review and Adjudication Board (TRAB) decision,and remanded the case back to TRAB for reexamination.
 
Youku Sues Baidu to Protect the Right of Wolf Warrior II
Recently, Youku Information Technology Co. sued several companies including Beijing Xinhanzhe Technology Co., Baidu Cloud Computing Technology Co. etc. to the Beijing Municipality Haidian District People's Court to protect the dissemination right of the Wolf Warriors 2 copyright via network. The Court accepted this case. The plaintiff believes that these firms infringed its dissemination right of information via network, causing losses that are hard to measure. It requested that the court order the defendants to stop distributing the movie and to compensate Youku for economic losses and reasonable expenses.
 
Keemun Black Tea Mark Finally Judged as Being Invalid after 13-year Fight
In January, Beijing Higher People's Court judged that the Geographical Indication (GI) certification mark- Keemun Black Tea which is only grown in the Keemun county applied by Keemun Black Tea Association in 2004 is invalid. Anhui GUORUN Tea Industrial Co., Ltd. later filed an objection against the geographical scope of this mark, claiming that Keemun Black Tea has been grown in more areas more than the applied area according to the history. Until now,the dispute concerning the Keemun Black Tea finally concludes after 13 years of fight.
 
Tencent and Google Sign Long-Term Patent Cross-Licensing Agreement
On January 19, Chinese tech giant Tencent announced it had signed a long-term patent cross-licensing agreement with Google, covering a broad range of products and technologies. Both companies are open to future deeper collaboration on innovative technologies,according to the agreement. Tencent's social products WeChat and QQ link its users to a rich digital content catalogue including games, video, music and books,while through products and platforms like Search, Maps, Gmail, and YouTube, Google plays a meaningful role in the daily lives of billions of people.
 
Alibaba Group Issues Anti-Counterfeit Annual Report:the Amount of IP Litigation Decreases 42%
On January 10, Alibaba Group released 2017 Annual Report of Alibaba IP Protection (Anti-Counterfeit Annual Report). According to the Report, in 2017,240 thousand taobao shops were closed and 97% of all links were banned once they went online which were suspected to infringe others. Under the environment of that more than 17% obligees cooperate with Alibaba, the amount of IP litigation decreased 42%. The data indicates that data technology has transformed great driving force of anti-counterfeit and selling fakes online behaviour has been seriously cracked drown under the operation of law enforcement agencies, brand obligees and consumers etc. The year of 2017 is a time that Alibaba achieved historical breakthroughs in the aspects of governing online fakes and IP protection with all sectors of society.
 
 

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