Archive for September, 2008

China Website Sues the MPAA for Defamation after Settling a Piracy Case

In March this year, Jeboo.com sued the Motion Picture Association of America (MPAA) in the Beijing Intermediate Court for defamation, apology to rehabilitate Jeboo’s reputation, and damages of RMB1 million.

This is a surprising and aggressive action by the Chinese website, which was sued by five members of the MPAA for transmitting copyrighted movies through [...]

Energizer Loses in U.S. Court against Chinese Manufacturers

In 2003, Energizer Holdings, Inc. claimed that fourteen Chinese manufacturers of zero-mercury-added alkaline batteries, which were sold in the U.S. market, infringed its U.S. Patent No. 5,464,709 patent (the “709 patent”).  Energizer then filed a complaint with the International Trade Commission (ITC) in the U.S. to conduct a Section 337 investigation on their claims, and [...]

TIPO’s Compulsory License of Patent Technology Rejected by High Court

After losing its administrative litigation at the Taipei High Administrative Court in March this year, the Taiwan Intellectual Property Office has decided not to file an appeal.  Though it respectfully disagrees with the High Court’s opinions, the TIPO will now officially bow out of the licensing conflict between Philips and Gigastorage, as the two parties [...]

Chinese Luxury Hotel Held Liable for Infringement by Tenant

Louis Vuitton Malletier, maker of iconic leather handbags toted by celebrities and socialites around the world, recently won a trademark infringement claim against a high-end Chinese hotel, which had allowed sales of counterfeit LV products in one of its hotel shops.  In March 2008, the Dongguan Intermediate Court ruled that the hotel, Gladden Hotel of [...]

Taiwan and China on USTR’S Watch List

On April 25, 2008, the Office of the United States Trade Representative (USTR) published its annual “Special 301” Report on intellectual property rights protection by U.S. trading partners.  This year, it placed 46 countries on its Priority Watch List, Watch List, or Section 306 Monitoring List.  Appearance on one of these lists is considered a [...]

Taiwan Applications Steady

The number of trademark applications in Taiwan continues to hold steady around 65,000 each year, down from a high of 73,000 at the height of the dot-com boom in 1999.  Foreign applications make up about one-quarter of the total applications.  The US continues to be the second highest source of trademarks filed in Taiwan, with [...]

TIPO to Develop Method for Protecting Famous Trademarks

In response to concerns raised by the European Union regarding the adequacy of intellectual property protection in Taiwan, TIPO officials have recently discussed plans to protect famous trademarks when they are used as infringers’ company and store names.  The Ministry of Economic Affairs (MOEA) has stated before that there are currently no specific procedures on [...]

Trademark Applications Skyrocket in China

At its national conference, the Industry and Commerce Administration announced that, as of November 2007, trademark registrations in China increased by over 29 percent over the previous year.  The total number of trademark registrations has now reached over three million.  This year, the Trademark Office registered and certified 197 well-known or famous marks. 

Currently the [...]

China Food Safely Law in Drafting Stages

In April, the National Peoples Congress Standing Committee disclosed a draft of the Food Safety Law—a revision to a decades old food safety and sanitation code—for public comment.  A final draft of the law is expected to pass in June 2008.

In response to international concerns about safety inspections on China’s food exports, the NPC drafted [...]