Multi angle efforts to forge "sharp tools" to care for century old craftsmanship, intellectual property judicial protection to promote the revitalization of time-honored brands

2023-12-07

"A horse gathers at the top of the head, steps on the inner circle, wears auspicious clothes, and wraps around the waist with the Four Great Hengs." A folk song strung together the century old memories of Beijing's time-honored brand. The time-honored brand carries the profound history and culture of the Chinese nation, and is also the "golden signboard" of the city. Recently, 55 brands have been removed from the list of Chinese time-honored brands, attracting widespread attention. In the development process of time-honored enterprises, trademark ownership disputes, "free riding", "near famous brands" and other intellectual property disputes involving time-honored brands often occur, becoming obstacles to the innovative development of these "golden signboards". On the morning of November 29th, the Beijing Higher People's Court held a press conference to release the "Thirty Year White Paper on the Professional Trial of Intellectual Property Rights in Beijing Courts (1993-2023)" and 30 typical cases. Among them, cases involving the protection of time-honored brands and geographical indications such as "Jufengyuan" and "Mansong" are included. In recent years, time-honored brands have been increasingly valued. The Outline for Building a Strong Intellectual Property Country (2021-2035) issued by the Central Committee of the Communist Party of China and the State Council proposes to strengthen the protection of well-known trademarks, develop and inherit traditional brands and time-honored brands. How can we maximize the protection of the "golden signboard"? How to strengthen the judicial protection of intellectual property rights of time-honored brands? How to extend the trial work and build a legal service system around enterprises? Several experts told reporters from the Legal Daily that judicial protection of intellectual property is the only way to polish the "golden signboard" of time-honored brands. In judicial practice, there are numerous cases of trademark authorization, infringement of trademark rights, and unfair competition. Multiple courts have deepened the protection of time-honored brands through measures such as anti unfair competition and franchise rights, and have used legal means to add new impetus to the development of time-honored brands and promote their revitalization. The 12th batch of 4 guiding cases, No. 58, previously issued by the Supreme People's Court, clarified the issue of determining unfair competition in the "time-honored brand" trademark, including the determination of unfair competition in cases of conflicting rights between time-honored brands and registered trademarks, as well as the rules for the parallel use of time-honored brands and registered trademarks. The Beijing Intellectual Property Court has also announced the trial status of time-honored brand cases from 2014 to 2022. According to data, as of May 31, 2022, the court has concluded a total of 490 cases involving time-honored brands, with a success rate of 64.1% for rights holders in administrative cases involving time-honored brands, and a maximum compensation amount of 30 million yuan in civil cases. Professor Liu Ying from the School of Civil, Commercial and Economic Law of China University of Political Science and Law believes that the management and protection of time-honored enterprises is an important sub area of intellectual property field. In Liu Ying's view, the value of time-honored brands lies in "old", with integrity at its core; Development is new, and the way out must be compliant. Clear conditions, dynamic management, and strict screening of exemplary, representative, and industry-leading time-honored enterprises should be established to eliminate enterprises that engage in serious violations of laws and trustworthiness, as well as fraudulent or improper means of obtaining the title of Chinese time-honored brand demonstration. Liu Ying believes that in order for time-honored enterprises to avoid infringement or trademark registration, they need to enhance their awareness of registering trademarks, register their names and already used trademarks as early as possible, and register multiple categories of trademarks as much as possible. "Building a full chain protection and cooperation mechanism" Thank you to the judge for introducing it

Edit:Wang Chen    Responsible editor:Zhou Shu

Source:legaldaily.com

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