by Yan Zhang, Miao Tian, Austin Chang and Aaron Wininger In order to reduce trademark squatting, the Chinese Trademark Law of China (2019 Version) (“Trademark Law 2019”) introduced an intent to use requirement as well as a good faith requirement. As will be discussed further below, recent Chinese court cases show that the introductions did in fact provide newly effective means to challenge squatters. Overview of the relevant articles in the Trademark Law 2019 The relevant articles of the Trademark …
Category: Case
Shanghai Intellectual Property Court Announces its First GUI Design Patent Infringement Judgment
On June 21, 2021, the Shanghai Intellectual Property Court rendered the first-instance judgment on the Court’s first case of design patent infringement involving a graphical user interface (GUI), holding that the interface of the defendant Shanghai Zecao Co., Ltd.’s allegedly infringing Xiaobao APP for recruiting employees and the Xiaobao social media account was significantly different from the overall visual effect of the patent in question of the plaintiff, Dajiaying Company, and therefore dismissed all claims of the plaintiff. China began …
Beijing Intellectual Property Court Affirms Jaguar Land Rover’s Win Against Landwind for Copying Evoque
According to a report in China’s IPR Daily, on May 27, 2021, the Beijing Intellectual Property Court affirmed Jaguar Land Rover’s (JLR) win against Landwind (陆风) for unfair competition relating to the Landwind X7, a vehicle that looks remarkably similar to the JLR Evoque. Landwind must issue an apology, pay compensation and cease infringing. Earlier, JLR successfully invalidated Landwind’s design patent for the X7. However, JLR failed in its claim for copyright infringement on appeal.
China’s Supreme People’s Court Releases Top 10 Intellectual Property Cases in Chinese Courts in 2020
In follow up to the earlier release of the Top 10 Technical Intellectual Property (IP) Cases of 2020, the Supreme People’s Court of China has released the broader Top 10 Intellectual Property Cases in 2020 (2020年中国法院10大知识产权案件简介) on April 22, 2021. This list, in addition to technical IP cases, includes non-technical IP cases such as a Red Bull trademark case; a Lego criminal copyright case; as well as the Xiaoi patent invalidation case, which later led to a $1.4 billion USD …