LONGAN LAW FIRMContents
Long An IP News
Long An received a letter of thanks from the Beijing Organising Committee for the 2022 Olympic and Paralympic Winter Games and the National Stadium Operation Team
Xu, Jiali, the founding partner of Long An, was selected as an anti-monopoly expert of the Beijing Municipal Administration for Market Regulation
Fu, Jianjun was selected into the “First Batch of Patent Analysis and Early Warning Expert Database of the CNIPA”
China IP News
The Standing Committee of the National People’s Congressissued the decision to amend the Anti-Monopoly Law of the People’s Republic of China
CNIPA: Notification on Soliciting Public Comments on the Measures for the Administration and Protection of Collective Trademarks and Certification Trademarks (Draft for Comment)
Long An IP Case
Long An helped the client PUMA SE to win the administrative litigation case of trademark cancellation
Long An Case Study
Long An Top 10 IP Cases in 2021 (Cases 3-4)
Long An IP News
Long An received a letter of thanks from the Beijing Organising Committee for the 2022 Olympic and Paralympic Winter Games and the National Stadium Operation Team
Recently, the work of the Beijing Organising Committee for the 2022 Olympic and Paralympic Winter Games has come to a close. Previously, in order to support the event, Mr. Li, Dazhong, founding partner of Long An, Mr. Wan, Yingjun and Ms. Jing, Yuan, senior partners of Long An provided systematic legal service support for the organization of the opening and closing ceremonies of the event.
On June 9, 2022, Long An received a letter of thanks from the Beijing Organising Committee for the 2022 Olympic and Paralympic Winter Games and the operation team of the National Stadium, fully recognizing the legal services provided by Long An during the event.
In the future, Long An will continue to give full play to its professional advantages, actively fulfill social responsibilities, provide comprehensive, high-quality and efficient legal services, and support various major events.
https://mp.weixin.qq.com/s/kFCjJy0PhkzJTiCaAtgetQ
Mr. Xu, Jiali, the founding partner of Long An, was selected as an anti-monopoly expert of the Beijing Municipal Administration for Market Regulation
Recently, the list of anti-monopoly experts of the Beijing Municipal Administration for Market Regulation was unveiled. As a well-known scholar and expert in intellectual property, Mr. Xu, Jiali, the founding partner of Long An, was successfully selected as an anti-monopoly expert with his rich experience in representing cases and in-depth academic research in the field of anti-monopoly.
https://mp.weixin.qq.com/s/340EGOjeIovLXLzmT7j5Sw
Mr. Fu, Jianjun was selected into the “First Batch of Patent Analysis and Early Warning Expert Database of the CNIPA”
The Intellectual Property Development & Research Center of the CNIPA released the “First Batch of Patent Analysis and Early Warning Experts of the CNIPA”, and Mr. Fu, Jianjun, a partner of Long An Law Firm, was successfully selected with his outstanding professional ability.
https://mp.weixin.qq.com/s/aiAoeYuTw3Q3eIPISyf5vg
China IP News
The Standing Committee of the National People’s Congress issued the decision to amend the Anti-Monopoly Law of the People’s Republic of China
On June 24, 2022, the 35th meeting of the Standing Committee of the 13th National People’s Congress adopted the decision to amend the Anti-Monopoly Law of the People’s Republic of China, which will be implemented on August 1st, 2022.
The amendment are as follows:
Changed Article 17 to Article 22 and added one paragraph as the second paragraph: “A business operator with a dominant market position shall not use data, algorithms, technologies, platform rules, etc. to engage in the behavior of abusing a dominant market position as prescribed in the preceding paragraph.”
Changed Article 21 to Article 26, and added two paragraphs as the second and third paragraphs: “Where the concentration of a business operator does not meet the declaration standards stipulated by the State Council, but there is evidence that the concentration of business operator has or may have the effect of eliminating or restricting competition, the anti-monopoly law enforcement agency of the State Council may require the operator to declare”; “If the operator fails to declare in accordance with the preceding two paragraphs, the anti-monopoly law enforcement agency of the State Council shall conduct an investigation in accordance with the law”.
https://www.npc.gov.cn/npc/c30834/202206/e42c256faf7049449cdfaabf374a3595.shtml
CNIPA: Notification on Soliciting Public Comments on the Measures for the Administration and Protection of Collective Trademarks and Certification Trademarks (Draft for Comment)
On June 7, 2022, public comments were solicited by the CNIPA for the Measures for the Administration and Protection of Collective Trademarks and Certification Trademarks (Draft for Comments).
The Measures include the following major legislative changes:
1) Revising the name of the regulation to highlight legislative purposes;
2) Further standardizing the activities of application for registration;
3) Strengthening the management requirements for the registrants and users;
4) Adding provisions on registration and fair use of trademarks which contain geographical names;
5) Promoting the use of trademarks and enhancing the level of public services; and
6) Improving administrative protection and strengthening punishment measures.
https://www.cnipa.gov.cn/art/2022/6/7/art_75_175908.html
Long An IP Case
Long An helped the client PUMA SE to win the administrative litigation case of trademark cancellation
Here is good news about a successful case of the trademark cancellation review administrative litigation regarding the trademark “蜀豹 & Device” No. 1660241, which is represented by Long An lawyers Quan Xianzhi, Fu Jianjun and Zhao Chengyan. The Beijing Intellectual Property Court ruled to revoke the accused decision on maintaining the subject mark and ordered the CNIPA to make a new decision. The CNIPA refused to accept the decision and appealed to the Beijing High People’s Court. In the end, the Beijing High People’s Court of second instance upheld the ruling of the first instance. As a result, the mark “蜀豹 & Device” (“the subject mark”) owned by Jiebao (International) Holdings Limited (hereinafter referred to as “Jiebao”) on clothing has been cancelled due to non-use for three consecutive years.
The deformed device “” of the subject mark after the deformation is very similar to the client’s tiger mark “”, and the co-existence of the two marks may mislead the relevant public as of the origins of goods. Therefore, it is highly important for the client to cancel the subject mark.
In trademark non-use cancellation actions, the use of the registered trademark is one of the main points to review. The Chinese Trademark Law stipulates that the trademark registrant shall use the trademark as registered and shall not change it voluntarily. However, the judicial interpretations of the Supreme People’s Court also stipulate that, where there is a slight difference between the trademark in actual usage and the registered trademark, but the distinctiveness of such trademark has not been changed, such use may be deemed as use of the registered trademark.
In the court, we emphasized that the device “” after the deformation is almost the same as the trademark “” of JAGUAR LAND ROVER LIMITED, a well-known luxury car brand, which may mislead the relevant public as of the origins of goods. That is to say, when the deformed use of the graphic part of the combined mark may mislead the relevant consumers as of the origins of goods, it can be determined that the distinctiveness of the mark had been changed, which could not be considered as a usage of the subject mark.
In the end, we successfully cancelled the subject trademark of the adverse party with our extraordinary strength and performance, and safeguarded the legitimate rights and interests of our client.
Link: https://mp.weixin.qq.com/s/sLvkMhY_ElFike74PQuZkA
Long An Case Study
Long An Top 10 IP Cases in 2021 (Cases 3-4)
Case 3: Copyright Infringement Case of September Miracle’s “Kangding Love Song” (Series Cases)
“Kangding Love Song”, also known as “Horse on the Mountain”, is a representative traditional folk song in the former Xikang area. It is one of the most well-known folk songs in the world, and also the only Chinese song recommended by UNESCO to the world.
It is reported that the plaintiffs Haicheng Wang and Ping Wang, as the heirs of the late famous musician Luobin Wang, believed that Luobin Wang created the “Kangding Love Song”. Therefore, on the grounds that September Miracle Group infringed upon the copyright of the plaintiff’s folk song “Kangding Love Song”, they initiated several lawsuits against the defendant all over the country, and Long An represented 11 of them.
In this case, the plaintiffs claimed that our client had infringed upon the performance right of the folk song and the right to keep the integrity of the work, and requested our client to apologize and compensate for economic losses and reasonable expenses.
Through a detailed analysis and summary of the evidence, our attorneys submitted to the court a large number of publication evidence of the folk song involved in the case that had nothing to do with Luobin Wang, to prove that Luobin Wang did not enjoy the copyright of the folk song. The court finally adopted the “Chinese Folk Songs” published by Shanghai Zhonghua Music Society in 1947 as evidence contrary to the plaintiff’s claim that Luobin Wang recorded and sorted out “Kangding Love Song”, and dismissed all claims of the plaintiffs on the grounds that they did not fulfill their obligations to prove ownerships.
Case 4: The Luolan Music Patent Administrative Litigation Case
Lesimoer company filed a request for reexamination on the utility model patent of “signal processing system for electronic musical instruments” owned by Luolan Shengshi Music Company, and the CNIPA made a decision to declare all the patent rights involved invalid.
The Beijing Luolan Shengshi Music Education Technology Co., Ltd. refused to accept the invalidation decision made by the CNIPA, and entrusted Beijing Long An Law Firm to file an administrative lawsuit with the Beijing Intellectual Property Court. After the evidence collection by our lawyers and the analysis of the accused decision, we believed that the CNIPA violated the principle of request and the principle of hearing, which is a procedural violation. At the same time, the decision mistakenly identified the technical solutions of the patent involved and the reference documents, so the patent involved meets the substantive conditions for patent grant. After the trial , the Beijing Intellectual Property Court made the following judgment: 1. Revoked the sued decision; 2. Ordered the CNIPA to make a new review decision.
After the first instance, both Lesimoer and the CNIPA filed an appeal with the Supreme People’s Court, requesting to revoke the first instance judgment and uphold the sued decision, and reject the appeal of the plaintiff. After the trial, the Supreme People’s Court rejected the appeal of the plaintiff and upheld the judgment in the first instance.
After the second-instance judgment, the patent in dispute returned to the CNIPA again for a new decision. Lawyers from Long An continued to accept the entrustment of the patentee, and defended based on the reasons for the invalidation, the evidence and the technical solutions of the patent involved. After the trial, the CNIPA made a decision to maintain the validity of the utility model patent due to the creativity of the patent involved.
Link: https://mp.weixin.qq.com/s/HFABFYydb5tidNZm5HuY4w
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