日韩精品久久一区二区三区_亚洲色图p_亚洲综合在线最大成人_国产中出在线观看_日韩免费_亚洲综合在线一区

Global EditionASIA 中文雙語Fran?ais
China
Home / China / Society

Court ruling on bottle seen as 'significant' for IP protection

By CAO YIN | China Daily | Updated: 2018-04-27 07:18
Share
Share - WeChat
J'adore's distinctive bottle may become a protected trademark. [Photo/China Daily]

The water droplet-shaped bottle of J'adore, a popular perfume from French fashion house Christian Dior, may become a protected trademark in China after all following a decision from the nation's top court that overturned previous rulings and ordered another review on the company's IP application.

The Supreme People's Court reheard the lawsuit between the company and the Trademark Review and Adjudication Board with the State Administration for Industry and Commerce on Thursday, which coincidentally was World IP Day.

After a two-hour public hearing, the top court revoked the original rulings made by local courts in Beijing, which rejected the company's application to register the bottle design as a trademark.

"The latest verdict is significant. It shows our country's equal protection on IP rights no matter where it is from," Cui Guobin, an IP associate professor with Tsinghua University, said after attending the hearing at the top court.

"It will also be a guidebook for lower-level courts when they face similar circumstances in future case hearings," he said.

In July 2015, the French company's application to the Trademark Office of the State Administration for Industry and Commerce for trademark protection for the bottle design in China was rejected. The rejection came because the office determined the bottle's shape and design didn't meet the standards of a trademark.

Later, the French company launched an appeal to the Trademark Review and Adjudication Board with the State Administration for Industry and Commerce, but failed to win support.

The company then brought the board to court in 2016 and appealed in 2017, but both verdicts in the first hearing and appeal hearing ruled in favor of the board. Sun Mingjuan, the board's lawyer, argued that the bottle should be regarded as a common container for liquors, and it has "no obvious specificity".

But Christian Dior insisted that the bottle is special enough and filed a final appeal to China's top court.

"The perfume has grown popular among consumers after it came into Chinese market in 1999. Many consumers could easily recognize it as one of Dior's perfumes through the bottle's appearance," Li Fengxian, the company's lawyer, said on Thursday. "So it should be qualified to be a trademark to get protection in line with Chinese laws."

Li said that in 2014, the company got an international registration for the bottle from the World Intellectual Property Organization. Such a registration could make its trademark application process easier in member countries, "but we were still rebuffed in China", she said.

Whether the bottle can be verified as a trademark depends on a member country's laws, and such a conflict has showed the gap between the Chinese Trademark Law and international rules, she said.

Although whether the bottle can be registered as a trademark in China still depends on the coming review of the board, said Cui, from Tsinghua University, adding the approval rate is high.

He said the ruling from the top court reflects on how China abides by international IP rules and on the court's positive attitude in solving foreign-related IP disputes.

"The ruling also implies that it is necessary to improve our trademark laws," he added.

Top
BACK TO THE TOP
English
Copyright 1995 - . All rights reserved. The content (including but not limited to text, photo, multimedia information, etc) published in this site belongs to China Daily Information Co (CDIC). Without written authorization from CDIC, such content shall not be republished or used in any form. Note: Browsers with 1024*768 or higher resolution are suggested for this site.
License for publishing multimedia online 0108263

Registration Number: 130349
FOLLOW US
 
主站蜘蛛池模板: 欧美激情视频一区二区免费 | 国产精品久久国产精品久久 | 天天干天天操天天做 | 天堂最新在线资源 | 99热综合在线 | 日韩精品在线一区 | 日本午夜免费无码片三汲大片 | 视频精品一区 | 在线高清中文字幕 | 久久久免费电影 | 九九操视频 | 国产亚洲精品久久久久婷婷图片 | 国产午夜精品视频免费不卡69堂 | 久草网站| 国精久久 | xxxx日本性 | 欧美日韩亚洲国产 | 日韩欧美二区在线观看 | 九九热线精品视频6一 | 天天操操操操操操 | 国产亚洲综合视频 | 亚洲第一区精品观看 | 五月综合久久 | 黄色网址你懂的 | 就草草在线观看视频 | jizz日 | 国产精品a久久久久 | 国产精品人妻一区夜夜爱 | 91视频久久 | 亚洲人成网站在线播放观看 | 久久久久久久国产 | 精品热99 | 亚洲美女在线播放 | 国产在线精品一区二区三区 | 国产亚洲精品精品国产亚洲综合 | 中国黄色一级生活片 | 精品视频在线观看视频免费视频 | 午夜视频网 | 成人午夜电影在线观看 | 青久久| 欧美日韩手机在线观看 |