LONGAN IP Newsletter No.5 2023

Contents

Long An News

Long An Issuesthe Top 10 IP Cases Represented by Long An in 2022

Long An Hosts the AIPLA Women in IP Global Networking Event Beijing Sub-Conference

The Case Represented by Long An Selected as One of the Top 10 Cases in 2022-2023 by the QBPC

Lawyer Alice Zhao Participates in the AIPPI China Youth IP Seminar and Delivers a Speech

Long An Notable Cases

Long An Assists aClient in the Field of Ophthalmic Optics in Winning the Patent Invalidation Case

Long An Assists a Publishing Company in Winning a Series of Copyright Infringement Dispute Cases

China IP News

Types and Quantities of Intellectual Property Cases Newly Accepted by ChineseCourts in 2022

The SPC Releases the Top 10 IP Cases Heard by Chinese Courts in 2022


Long An News

 

Long An Issues the Top 10 IP Cases Represented by Long An in 2022

 

To celebrate the World Intellectual Property Day on April 26, Long An Law Firm selected the Top 10 intellectual property cases from over 1,000 intellectual property cases represented by the firm in 2022 according to factors such as the type, complexity, influence, object of litigation, etc., and released as follows:

 

1 “PUMA & Device” is recognized as a well-known trademark and the lawsuit is successfully reversed in the second instance
2 Beijing Shiji Baiqiang Furniture Co., Ltd. v. Shanghai Langju Industrial Co., Ltd., Shanghai Bangying Brand Management Co., Ltd., Germany Baiqiang International Holding Group Co., Ltd. and Guifu Ma for trademark infringement and unfair competition
3 Tencent Technology (Shenzhen) Co., Ltd., Shenzhen Tencent Computer Systems Company Limited v. Chengdu Zhangjing Technology Co., Ltd., Chengdu Zhangqu Global Technology Co., Ltd. and Guangzhou Jifeng Information Technology Co., Ltd. for an unfair competition dispute
4 Midea v. AO Smith for a Utility Model Patent Invalidation Dispute
5 Hubei Daohuaxiang Liquor Industry Co., Ltd. sued the defendant CNIPA and an Oil Company in Nanchang as the third party in an administrative litigation dispute over the declaration of invalidation of the trademark
6 “Haagen-Dazs” brand anti-unfair competition lawsuit
7 The dispute over Invention Patent Infringement between Dowdow and Starway
8 The Patent Infringement Litigation Case between Anshan Lifu Electric Appliance Factory and Zhihui LI (Korean)
9 The patent dispute between Hengzhong Shang and Haoqian Plastic Products Factory in Liunan, Liuzhou
10 The dispute over copyright ownership and infringement between Shenzhen Qianhai Blueprint Culture Communication Co., Ltd. and the appellant, Luzhou Yutong Packaging Technology Co., Ltd.

*More details will be released in five phases, please stay tuned.

 

https://mp.weixin.qq.com/s/2MrY5EP3de7NnkLTIn6RZg

 

Long An Hosts the AIPLA Women in IP Global Networking Event Beijing Sub-conference

 

Recently, the AIPLA Women in IP Global Networking Event was grandly held. Long An Law Firm, as the host of Beijing Sub-conference, held a symposium on the topic of “Latest Trends in the Field of American Intellectual Property”. Ms. Cindy Quan, director of the Intellectual Property Committee of Long An Law Firm, chaired the symposium, and invited 3 American lawyers, Tim Wang, founder of Ni, Wang & Massand, PLLC, Mandy J. Song, founding managing partner of Bayes PLLC, and Jian Xu, attorney of Morgan, Lewis & Bockius LLP, shared and exchanged ideas from U.S. Patent Application, U.S. Intellectual Property Litigation and Comparison of Chinese and U.S. Trademark Systems.

 

https://mp.weixin.qq.com/s/pn0eXM8Hm-7Cwkn9_IQcfQ

 

The Case Represented by Long An Selected as One of the Top 10 Cases in 2022-2023 by the QBPC

 

On April 26, 2023, the Quality Brands Protection Committee of the China Association of Enterprises with Foreign Investment (hereinafter referred to as the “QBPC”) held the 2022-2023 Top Ten Cases Announcement in Beijing. The administrative litigation case regarding the invalidation action against trademark “SWEET PUMA” was selected as one of the top ten administrative litigation cases by the QBPC.

 

https://mp.weixin.qq.com/s/dzW-eoc4UntPxqXgnM5giA

 

Lawyer Alice Zhao Participates in the AIPPI China Youth IP Seminar and Delivers a Speech

 

Recently, the AIPPI China Youth IP Seminar 2023 hosted by the Chinese National Group of the AIPPI was held in Chongli District, Zhangjiakou. Lawyer Alice Zhao from Long An participated in the forum and shared the relevant cases of parallel import in China in the panel discussion of the Trademark Border Protection.

 

https://mp.weixin.qq.com/s/ZTnszwdT5rWcurXvT17tMA

 

Long An Notable Cases

 

Long An Assists a Client in the Field of Ophthalmic Optics in Winning the Patent Invalidation Case

 

Recently, Long An lawyers, Ms. Cindy Quan, Mr. Jianjun Fu, Mr. Xiaojun Zheng, won the patent invalidation case of “spectacle lenses with graded microscope lenses”.

 

In this case, the Long An lawyer team acted on behalf of the client to file a patent invalidation request based on the lack of inventive step of the patent for invention involved as the reason for invalidation according to Article 22, Paragraph 3 of the Patent Law.

 

The CNIPA upheld our claim and made a decision that all the patents for invention involved are invalid.

 

https://mp.weixin.qq.com/s/xLd_Atv5cpqWgZuIhROtzw

 

Long An Assists a Publishing Company in Winning a Series of Copyright Infringement Dispute Cases

 

Recently, Long An won two series of copyright infringement disputes related to a publishing company (the plaintiff). In Case 1, lawyers Cindy Quan, Yueyan Hou and Yongjiang Yi assisted the client in obtaining the support of the People’s Court of Beilin District, Xi’an, and the court finally ordered a department store (defendant) in Xi’an to cease infringing the plaintiff’s copyright and compensate the plaintiff’s economic losses. In Case 2, lawyers Cindy Quan, Qinju Sun, and Mengjun Jiang assisted the client in obtaining the support of the People’s Court of Danzhou, Hainan Province, and the court finally ordered a business center in Lingao (defendant) to cease selling the plaintiff’s works and compensate the plaintiff for economic losses and reasonable expenses for rights protection.

https://mp.weixin.qq.com/s/NpqxRoFR5aXGv5sJY-hQPw

 

China IP News

 

Types and Quantities of Intellectual Property Cases Newly Accepted by Chinese Courts in 2022

 

On April 20, the SPC held a press conference for the 2023 Intellectual Property Publicity Week, presenting the overall situation of the judicial protection of intellectual property rights in courts across the country in 2022, and released the “Status of Judicial Protection of Intellectual Property Rights in Chinese Courts (2022)”, which systematically describes the status of Chinese courts in judicial protection of intellectual property rights in 2022 in Chinese and English.

 

The intellectual property cases newly accepted by Chinese courts in 2022 are as follows:

 

 

Figure 1 Types and Quantities of Intellectual Property First Instance Cases Newly Accepted by Local People’s Courts in China in 2022

Figure 2 Comparison of the Number of Intellectual Property Civil First-Instance Cases Newly Accepted by Local People’s Courts in China in 2022 and 2021

https://mp.weixin.qq.com/s/zq4NFD8oJBSYapjFrRAoeA

 

The SPC Releases the Top 10 IP Cases Heard by Chinese Courts in 2022

 

 

Top 10 IP cases heard by Chinese courts in 2022
1 The case involving copyright infringement disputes involving “Big Head Son” No. (2022) SPC Min Zai 44
2 Drug Patent Linkage Case No. (2022) SPC Zhi Min Zhong 905
3 Antitrust case involving market dominance No. (2022) SPC Zhi Min Zhong 395
4 Case involving trademark infringement dispute of “green pepper” No. (2021) Sichuan Higher People’s Court Zhi Min Zhong 2152
5 Dispute over interference with search engine unfair competition No. (2021) Suzhou Intermediate People’s Court Su 05 Min Chu 1480
6 Infringement case of NFT digital works of “Fat Tiger Vaccine” No. (2022) Hangzhou Intermediate People’s Court Zhe 01 Min Zhong 5272
7 Administrative Punishment and Administrative Reconsideration Involving “Longjing Tea” Trademark No. (2022) Shanghai IP Court Hu 73 Xing Zhong 1
8 A dispute over the license fee for the temporary protection period of the new plant variety “Dumi No. 5” No. (2021) Hainan IP Court Qiong 73 Min Chu 24
9 Unfair Competition Dispute Case of Generating False Screenshots in Social Media Software No. (2022) Haidian People’s Court Jing 0108 Min Chu 8661
10 The crime of counterfeiting registered trademarks by Luo XX, Ma XX and eight others No. (2022) Shenzhen Intermediate People’s Court Yue 03 Xing Zhong 514

 

https://mp.weixin.qq.com/s/GjXDVMeHSA5kBK-XrjUgtQ

 

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