China Trademark Report (Volume 1, Issue 6, 2006)

Author: Cao Zhongqiang
Publisher:
Publish Date: 2007-01-01
Features: This volume mainly collects regulations, cases, and articles from the trademark field throughout 2006. For convenience of reading, some second-instance judgments from 2006 are also included. [Official Documents] Regarding the revised Company Law, the limit for using intellectual property as capital contribution has been raised from 20% to 70%, which should be more beneficial for capital operations centered around intellectual property. The Notarization Law explicitly defines evidence preservation as a notarial act, which undoubtedly facilitates the collection of evidence for intellectual property protection. [Typical Cases] includes 15 judgments. In absolute priority cases, Gillette's "Gold Bond" was successfully registered as a pure color combination trademark in China, while K?rcher's "Yellow-Blue Saw" and Coca-Cola's "Fanta" bottle shape faced difficulties in proving distinctiveness; the electronics industry is a rapidly developing field with a strong awareness of industry trademarks. However, due to the public's tendency to read "eDisk" as "electronic" and "disk" separately, it did not become a creative new term, and thus the registration was ultimately rejected. [Operational Guidelines] This volume includes an interpretive article written by Director An Qinghu of the Trademark Bureau, discussing the criminal judicial interpretations on intellectual property. [Global Dynamics] Includes the WTO's ruling on U.S.-European geographical standards, as well as reports on five important judgments by the European Court of Justice, covering the registrability of olfactory trademarks and retail services, partial distinctiveness, the protectability of certain elements in composite trademarks, and the reasonable use of trademarks. The protection of the three-bar trademark by the German court and the determination of dilution cases by the U.S. court are also cases of great concern. [Important Archives] Includes 177 recognized by the State Administration for Industry and Commerce in the current year, as well as 72 recognized through court judgments from July 2001 to October 2005. It also includes statistical data from issues 1–1000 of the Trademark Bulletin, as well as a notice from the Director of the Internal Market Coordination Office of the European Union on the registration of retail services. [Author Index] Includes an index of relevant newspaper and journal articles. Similarly, for convenience of reference, a File Retrieval guide is also compiled at the end of the book, organized by the level of issuance.