How to Handle Complex Disputes Between Registered Trademark and Well-known Trademark in China?
By Dang Zhe and He Shijia King & Wood Mallesons’ IP group.
At the end of 2016, KWM’s IP Litigation Group obtained favorable judgements for its clients in “Ariston Case[1]” and “John Deere Case[2]”, two typical disputes concerning infringement of well-known trademarks by ordinary registered trademarks. The two cases are respectively included in the “Top 10 Cases Concerning IPR Judicial Protection Heard by Courts in Jiangsu in 2016” and the “Exemplary Cases in Terms of ‘Strengthening the Judicial Protection on IPR’” at the occasion of the 2nd anniversary of the Beijing Intellectual Property Court. Based on these two cases, this article introduces and explains the evolution and development of judicial interpretations and practice relating to the protection of well-known trademarks, and therefrom draws conclusions and trends about certain adjudication rules in China.
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Christian Louboutin’s fight against counterfeits of their lipsticks in China
By Xu Jing King & Wood Mallesons’ IP group.
The specific measures established in this case provide a guiding standard to determine essential factors of irreparable damage to a patented design. This case serves as guidance and reference for handling other similar cases.
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Protecting foreign copyright in China: how is compensation for damages calculated?
By Ni Zhenhua King & Wood Mallesons’ IP group.
The exemplary case of SAP SE
SAP SE (the Plaintiff), founded in 1972 and headquartered in Walldorf, Germany, is the largest provider of enterprise management and collaborative commercial solutions in the world. It is also the world’s third largest independent software supplier, with more than 102,500 enterprises in 120 countries worldwide using SAP software and over 80% of Fortune 500 enterprises benefiting from its management solutions. In the 1980s, SAP SE entered the Chinese market. Thanks to its successful operation over three decades, it has won great recognition in China.
Continue Reading Protecting foreign copyright in China: how is compensation for damages calculated?