All News Activity Research Awads

1st civil decision on misuse of trademark registration system

The court decision in BRITA GMBH v. a Shanghai company [case no. (2017) hu 0112 minchu 26614)] issued by a Shanghai district court in September 2020, is the first civil decision in China where the defendant was found unfair competition by filing bad faith trademark applications, oppositions, and invalidations against the plaintiff.

Read More

Legal risks of buying a trademark with a title defect

When ones own brand is preemptively registered by another person, or when one"s well-designed trademark is identical to a prior registered trademark, there are usually two ways of dealing with the problem. The regular remedy is nothing more than actively filing an opposition, invalidation, or withdrawal request to remove the applying barrier or conservatively modifying the original design. However, it can be difficult, costly, and time-consuming to cancel a bad-faith registration. The unconventional measures include short and simple measures such as buying the other party"s registered trademark, buying the other party"s company, etc. The "buy-it-all" strategy is a quick fix for superficial problems and is popular with the rich and powerful.

Read More

Hairuo Zhang ranked among the “leading trademark professional” by 2021 edition of World Trademark Review

February 16, 2021, World Trademark Review ( “WTR”) published 2021 edition of world leading trademark professional rankings. Hairuo was named as a “leading trademark professional” by the 2021 edition World Trademark Review in the category of enforcement and litigation, for the fourth year in a row.

Read More

铜表代表 “HeyJuice”赢得商标行政二审 为关联民事侵权案赢下关键一役

近日,北京市高级人民法院在“HeyJuice”商标无效宣告请求案件二审中,作出了撤销一审判决、驳回杭州奇异鸟饮品科技连锁有限公司(以下简称奇异鸟公司)诉讼请求的判决结果,北京和聚网络科技有限公司(以下简称和聚公司)在第32类果汁等商品上的HeyJuice核心商标注册得以维持。

Read More

铜表观点 | 商标行政案件中字号权的跨类保护

字号权的保护范围一般限于在先字号权人实际经营的商品及类似商品(上图蓝色圆圈区域)。对于具有一定知名度但非驰名的字号权,能否将字号权的保护范围扩大到跨类的商品/服务上,将保护范围向外突破(上图橙色区域),本文结合多个案例,探讨字号权跨类保护的法律空间及突破标准。

Read More

TTL AWARDS | Twelve Tables Law Firm Won 2 Awards by China Business Law Awards 2020

On 8 April, 2020, China Business Law Journal released the list of China Business Law Awards 2020. Twelve Tables Law Firm has been recognized as the winner in following categories:

Read More

Hairuo named a “leading trademark professional” by 2020 edition of World Trademark Review

February 14, 2020, World Trademark Review ( “WTR”) published 2020 edition of world leading trademark professional rankings. Hairuo was named as a “leading trademark professional” by the 2020 edition World Trademark Review in the category of enforcement and litigation, for the third year in a row.

Read More

Review criteria of jurisdictional dispute involving joint infringement issues

SPC concludes that at the stage of jurisdictional objection, in principle it is only necessary to hear the facts related to the establishment of the jurisdiction of the case. If the facts related to the establishment of the jurisdiction connection involve the substantive dispute of the case, it is only necessary to examine whether the prima facie evidence of the case can prove the existence of an arguable jurisdiction connection, while with substantive dispute untouched.

Read More

Introduction to the protection of new plant varieties in China

In addition to industrial intellectual property rights in the traditional sense of patents, trademarks, copyrights, etc., there is also a unique intellectual property right in the field of agricultural forestry, which is the new plant variety right (also known as Plant Breeder"s Rights (PBR) or Plant Variety Rights (PVR)). This relatively small form of intellectual property protection, with the rapid development of modern agriculture, is gradually being valued by all sectors of society. In the Sino-US trade dispute, China’s counterattack against the United States on tariffs is mainly concentrated in the agricultural sector. Therefore, we would like to take this opportunity to introduce the protection of new plant varieties in China. This paper aims to briefly sort out the development of new plant variety protection in China, the latest registration and protection, the latest development trends including the jurisdiction development of filing civil infringements case against new plant variety infringers, summary of registration requirements and procedure, and proposed amendments to the law which may guide us to the direction of future protection of new plant variety.

Read More

特别策划|NPE模式:“失利者”的创新补贴

本文尝试通过基本的经济学原理对NPE模式进行分析。NPE模式无法获取长期经济利润,其客观上实现了通过竞争胜利者的许可费,为竞争失利者提供创新补贴的功能。由于NPE模式本身属于市场产生的模式,以相对公平和高效的方式完成了创新补贴,对创新行为存在一定积极价值。

Read More