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Guangdong Handles 145 Infringement Cases of Asian Games
According to the press conference reviewing IPR protection of Guangzhou Asian Games on October 26 in Guangzhou, in a bid to intensify IPR protection of Asian Games, Guangdong authorities handled cumulatively 145 infringement cases of Asian Games, the legitimate rights and interests of the Organizing Committee partners and sponsors for Asian Games were effectively safeguarded.
Among the 145 IPR infringement cases, 144 of which are administrative cases and the remaining was a judicial one. The cases are mainly related to illegal marketing and to goods such as toys, clothes, documents and gifts.
As of now, all the infringement cases have been effectively resovled. 

Strategy Implementation an Element in 12th Five-Year Program
The Communist Party of China (CPC) on October 27 issued the full text of the Guiding Proposal on Formulating the 12th Five-Year Program on National Economic and Social Development, which was adopted at the Fifth Plenary Session of the 17th CPC Central Committee. The proposal lays out specific tasks of implementing IP strategy, refining IPR legislation system, stepping up standard of IP creation, application, protection and management.
The proposal consists of 56 articles in 12 chapters, requiring government to guide and support enterprises innovation, shape a market-oriented technological innovation system with enterprises in the center and supported by universities and research institutes, adhere to the policy of innovations, "leap-and-bound" advances in key areas of science and technology, supporting and guiding future development, enhance the capability of breakthrough the keynote technology, promote commercialization of innovations.

ROYAL SELANGOR Enforces Trademark in China
The case lodged by ROYAL SELANGOR, a famous gift manufacturer in Malaysia, to challenge the decision by the Trademark Review and Adjudication Board (TRAB) under the State Administration for Industry and Commerce (SAIC), was heard by Beijing No.1 Intermediate Court recently.
ROYAL SELANGOR filed the NO. G645673 trademark, certified to be used on Class 14,20 and 21. In September 2002, Wenzhou JUMUXI Industrial limited company applied for the NO. 3315904, 3315905 trademark "ʼѩݭ ROYAL SELANGOR", certified to be used on Class 18,25. Then ROYAL SELANGOR requested the TRAB to revoke the registration of the two trademarks which was denied.
The plaintiff took the view that the NO. G645673 trademark enjoyed high reputation in the public and the trademark JUMUXI filed which used on purse were regarded as similar marks which would cause confusion among consumers. So they sought courts rejection.
JUMUXI did not appear in the court. We will follow the development of the case.

Idea to Reduce Power of Typhoon Wins Patent
A Japanese company' idea to reduce the power of typhoon by using submarines has won patent authorized by departments concerned in Japan and India.
The company began to apply for patent to relevant organs in Japan, US and India since January, 2006, according to the Japanese media. The patent is known as 'Sea-water Temperature Lowering Apparatus' which is designed to pump sea-water at the 30 meters deep to the surface using 20-meter long water pipes with a diameter of 70cms attached to both sides of a submarine.

Nokia Files a Court Case for Namesake Registration
Disgruntled with the ruling by the Trademark Review and Adjudication Board (TRAB) under the State Administration for Industry and Commerce (SAIC) over registration of VERTU as trademark, Nokia brought TRAB and the third party Huang Gong to Beijing No.1 Intermediate People's Court recently.
Huang Gong filed for registration of No. 3084613 trademark for VERTU in class 9, commodities of eyeglasses and glasses case, in January 2002, with the trademark office (TMO).
Attorney of Nokia claimed that Nokia has been granted the No.G759086 trademark for VERTU. Huang Gong's application for VERTU as trademark in class 9 constituted mala fide in filing, easily cause confusion among consumers. So they sought court's rejection.
TRAB argues that Nokia can't demonstrate with any evidence the popularity of VERTU cell phone in China before the No. 3084613 trademark of VERTU was filed.

German Court Heard Qiaqia Trademark Case
After four months suspension, On August 31, the Munich local court heard the case on Qiaqia Sunflower Seeds Companys allegation of OKAIs infringement of its trademarks and act of unfair competition.
OKAI argues that the Qiaqia products are also distributed by a company in Frankford, and the Fly to Sky figure trademark is not used on the package. In parallel, the trademark in question is also not used on Qiaqia company web site. So the unfair competition is not constituted.
Qiaqia claims that the evidence presented by OKAI are smuggled products brought from China by the Frankford company. Since the product should be distributed by Qiaqia in China, and the logo is also the exclusive mark of Qiaqia, the logo will not be seen on the package and web site.
During the hearing, the court attempted to mediate the two parties, but was refused at last.
The second hearing will be conducted soon. We will follow the development of the case.

Nikon Trademark Registration in Class 7 Denied
Nikon Corporation recently brought Trademark Review and Adjudication Board (TRAB) under the State Administration for Industry and Commerce (SAIC) to Beijing No. 1 Intermediate People's Court against TRAB's denial on registration of No. 3565606 trademark "῵"(translation of Nikon in Chinese) in Class 7. Nikon the famous camera manufacturer has obtained trademark registrations in several classes, however was denied in class 7.
Nikon asserted that the No. 3565606 trademark of "῵" is only the word mark and the No. 1096000 trademark of "ἰͼ" is constituted with word "" the word and the figure, there's obvious distinctiveness between two trademarks. As the translation of Nikon in Chinese, "῵" is widely used in Nikon's affiliated companies names and in Nikon products commercial activities in China. Although these two marks "῵" and "" are constituted with the same Chinese characters,  the sequence is different and it would not cause confusion among consumers.

Motorola Sues Apple over Patent Infringement
Motorola Inc. on Wednesday filed complaints against Apple Inc., alleging that Apple's iPhone, iPad and certain Macintosh computers infringe Motorola's patents.
Motorola said its subsidiary Motorola Mobility has filed complaints with the U.S. International Trade Commission (ITC) and in two U.S. district courts in Illinois and Florida.
Overall, the three complaints include 18 patents which relate to technologies found on many of Apple's core products and associated services, including MobileMe and the App Store, Motorola said.
Motorola has asked the ITC to launch an investigation into Apple's use of Motorola patents as well as prohibiting the importation and further sales of infringing products in the United States.
It also requested that Apple cease using Motorola's patented technology and provide compensation for past infringement.
According to Motorola, the allegedly infringed patents relate to antenna design, wireless email, proximity sensing, software application management, location-based services and multi-device synchronization.
"After Apple's late entry into the telecommunications market, we engaged in lengthy negotiations, but Apple has refused to take a license," Kirk Dailey, corporate vice president of intellectual property at Motorola Mobility, said in a statement.
"We had no choice but to file these complaints to halt Apple's continued infringement. Motorola will continue to take all necessary steps to protect its R&D and intellectual property, which are critical to the company's business," Dailey added.

Intellectual Property Law Firm of China




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