design

War of the stones; The Lego Case (Part 2)

On September 2, 2020, Shanghai 3rd Intermediate Court announced on its official Weibo account that in the case of selling counterfeit LEGO products, the defendant Li was sentenced to 6 years imprisonment and fined 90 million RMB as principal criminal for copyright infringement through illegal business operation of counterfeit LEGO products in amount of 330 million RMB. The other 8 accomplices in this case were sentenced to imprisonment from 4 years 6 months to 3 years respectively and fined accordingly.

The infringing products involved in this case included 663 products from 47...

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Jaguar Land Rover./. Jiangling Motors

In March 2019, for the first time a case on copycat design was ordered in favor of an overseas manufacturer. Since the rise of the Chinese vehicle-making industry, the nation's home brands have been accused of creating copycat vehicles that are almost like-for-like duplicates of popular models sold by international car-makers. However, local law has traditionally protected these Chinese brands in legal disputes, claiming that the designs are different enough to legally pass as their own models.

Jaguar Land Rover (JLR), part of Tata Motors Ltd, sued Jiangling Motors Corp. Ltd. (JMC...

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Chinese Intellectual Property Institutional Reform

In August 2018, China’s State Intellectual Property Office (SIPO) was renamed the National Intellectual Property Administration ( CNIPA ). It was reorganized under the new government body the State Administration for Market Regulation ( SAMR ).

SAMR was formed by the incorporation of several and currently separated administrative bodies. The following agencies or functions will be integrated under SAMR:

the State Administration for Industry and Commerce (SAIC) (to be dismantled); the General Administration of Quality Supervision, Inspection and Quarantine (AQSIQ) (to be...
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Qihu ./. Jiangmin, a GUI Design Patent Case in China

The Beijing IP court issued a judgement on 25. December 2017 in a case concerning graphical user interface (GUIs). The dispute is between Qihu, the plaintiff and its competitor Jiamin.

Qihu holds a design patent entitled “computer with GUI”, the patent protection included a computer which displayed the GUIs. Qihu claimed that the Jianmin Optimization Expert product used a GUI that was similar to one protected by its patents. In that respect, Qihoo requested the court to order the cessation of the infringement and sought compensation of RMB 10 millions for the damage suffered. The...

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