Case Courts IP Enforcement Cases Ferrero-Rocher-cont'd Commenced action in 2003 under Anti-Unfair Competition Law-反不正当竞争法 Grounds for win in Tianjin Higher People's Court: 1.In determining whether a mark is well-known regard to be had to foreign and domestic market-Paris Convention 2.Chinese infringer could not prove independent creation of packaging 4.Court cited Article 10bis(2)of the Paris Convention in support of the proposition that Article 5(2)of China's Unfair Competition Law should be read liberally
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Case Ferrero-Rocher-cont'd 3.根据诚实信用和公认的商业道德准则，知名商品应当 是诚实经营的成果。因此，在法律上不能把使用不正 当竞争手段获取的经营成果，作为产品知名度的评价 依据。 Based on the principles of good faith and recognized business ethics,"well-known"status for a product must be achieved through management's own efforts. Therefore unfair competition as specified in law cannot be used as a method for management to achieve "well-known"status for a product.)
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Case Sony Ericsson Case-July 2008-Bad Faith Registrations Sony Corporation is well-known in China as索尼 。 Ericsson also well--known under the name爱立信 In 2001 they formed a joint venture to manufacture and sell mobile phones Joint venture incorporated in China as索尼爱立信移动通 信产品（中国）有限公司
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Case Businessman in Guangzhou applied to register the mark on March 19,2003-Sony opposed,but lost twice 。 Beijing No.1 Intermediate People's Court said the joint venture was widely reported in the press so businessman is presumed to have known about it 。 his actions?不正当性-do have clear legitimacy-read concept of good faith (into Article 31 of Trademark Law
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Part II 2.Registerable Marks 2.1 What is registerable marks?Art.8 ● According to Article 8 of Trademark Law,the registerable marks are any visually perceptible signs capable of distinguishing the goods or services,including words,devices,letters of an alphabet,numerals,three-dimensional signs, combinations of colors as well as the combination of such signs,as long as such registered trademarks are so distinctive as to be distinguishable and do not conflict with any prior right acquired by another person
Part II 2. Registerable Marks 2.1 What is registerable marks? Art. 8 • According to Article 8 of Trademark Law, the registerable marks are any visually perceptible signs capable of distinguishing the goods or services, including words, devices, letters of an alphabet, numerals, three-dimensional signs, combinations of colors as well as the combination of such signs, as long as such registered trademarks are so distinctive as to be distinguishable and do not conflict with any prior right acquired by another person