In recent days, a case of trademark violation has been concluded jointly with the administration of intellectual property of the city of yanan and the yen river subdirectorate of the city public security bureau (hereinafter referred to as the yen river subdirectorate), in the course of which the centre for the protection of intellectual property of the province of shaanxi (hereinafter referred to as the provincial protection centre) has been entrusted with the task of advising on the determination of the violation, working efficiently among the three parties, quickly clarifying the case, making a fair judgement and upholding the legitimate rights and interests of the rights holders and fair justice in the market。
It was recalled that, following the purchase of an infrared spectrometer from changsha, a company in beijing had filed a criminal complaint for trademark infringement against shaa, the oil meter supplier, requesting the yen river branch to open an investigation into the alleged forgery of registered trademarks。
The execution was coordinated: the circumstances of the case were clear and the evidence was kept complete, but whether the violation of the trademark “0il 480” in question had become difficult to investigate. After receiving a request for support from the yen river subdirectorate for its work, the municipal intellectual property authority established a cross-sectoral coordination group with yen river subdirectorate to organize thematic discussions on the facts of the case, to examine the evidence of the parties, to discuss the points of contention between the parties, and to make a detailed comparison of the trademarks involved, with reference。
Technical support: in order to ensure the proper characterization of the case, the municipal intellectual property authority initiated a departmental and municipal initiative to provide technical support to the departmental protection centre, which was entrusted with the task of determining the violation of the trademark in question. The provincial protection centres responded quickly to the needs of the city of yanan, constricting the 15-day response cycle to two working days and issuing promptly the trademark torts adjudication advisory opinion, providing professional reference for the completion of cases。
This collaboration has highlighted the advantages of a consultative mechanism for technical investigation of abuse in intellectual property cases and has led to good examples of the handling of similar cases. As a next step, the municipal intellectual property authority will continue to improve the mechanisms for coordinating the intersectoral protection of intellectual property, establish a system of joint intellectual property protection meetings, and strengthen the capacity and level of intellectual property protection through a system of administrative enforcement of intellectual property rights, judicial protection, people's mediation, assistance in defence of rights, and social co-governance。
Source: municipal intellectual property authority
