the 7th Issue --- China Intellectual Property

the 7th Issue

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China IP Newsletter   Issue 7 Foward       Subscription    July  16, 2009

·Shanghai market sued by US firm on trademark infringement
An American luxury goods manufacturer is suing a garment market operator on Qipu Road for allowing stall holders to sell counterfeit items. Judges at the Shanghai No. 2 Intermediate People's Court said it was the first time a market operator had been listed as the only defendant in a fake goods case More

·Honda wins motorcycle trademark case in China
A district court in Beijing ruled last Wednesday to support Honda Motor Co.'s claim that major private motorcycle maker Chongqing Lifan Industry Group Co. pirated the Japanese company's logo, Beijing Times reported More

·Baijia Claims Brand Name Infringement
In the wake of the Chinese bean curd brand Wangzhihe bringing a German company to court to protect its brand, another well-known Chinese brand, Baijia, is suing the same company. Sichuan Baijia Food Company, one of the major instant noodle manufacturers in China, has filed a lawsuit against OKAI Import Export GmbH with the Munich District Court in Germany

·IPR Reforms Publicized Throughout 2008
The year 2008 carried great weight for enforcing the international property rights (IPR) system in China. In addition to marking the 30th anniversary of China's reforms, it was also the inaugural year for the implementation of the national intellectual property (IP) strategy More

·Woman seeks to cut US$1.92M fine for downloads
A woman ordered to pay US$1.92 million for illegally sharing copyright-protected music is asking a judge to reduce the damages she must pay or grant a new trial, while the recording industry is taking steps to make sure she doesn't share music again More

·LaserGifts seeks $12.7M in trademark lawsuit
A Prescott souvenir maker has filed a federal lawsuit accusing an Illinois firm of copying its products and claiming they are made in the United States when they are actually made in China.LaserGifts, owned by Orion Photo Industries Inc. in Prescott, is seeking at least $12.7 million in damages for trademark infringement and unfair competition from Heartwood Creation Inc. of Rockford, Ill., according to the lawsuit filed June 24 in U.S. District Court in Phoenix More


US draws line with China on climate technology
·Indian gov't takes steps towards heritage preservation before development

·Singapore launches Asia's first traineeship in technology transfer management

·New Chinese supercomputer expected in 2010


·2009 – A Copyright Turning Point for Video Sharing Websites? 
  (Issue 30 Planned by Zhou Yi and Doris Li)
Since 2007, piracy issues concerning video sharing websites have caused extensive concern. The concept of video sharing and a “Safe Harbor” may help “draw a clear line of demarcation” between websites and piracy liabilities, however, infringement per se of videos is undisputed. Moreover, with more stringent video monitoring by copyright holders and the ensuing lawsuits, the “Safe Harbor” may not ensure websites prevail in all lawsuits in practical cases More

·“3-in-1” Trial – An Innovation of IP Trial Mode (Issue 30 By Zhou Yi)
On March 23, 2009, the Supreme People’s Court (SPC) issued the Opinion on Several Issues Concerning the Thorough Implementation of the State Intellectual Property Strategy (after abbreviated as the Opinion), suggesting that courts “actively explore the trial organization mode specialized for IP cases… study and set up IP tribunals to uniformly hear IP civil, administrative and criminal cases (the ‘3-in-1’ trial)…” More



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