In 2023, the beijing municipal market supervisory authority, focusing on priority areas, priority commodities and key links, severely combated violations of the right to register trademarks, false patents and the legitimate rights and interests of older companies. A number of influential and deterrent intellectual property cases in the field of market regulation were investigated, and 639 intellectual property cases were concluded, resulting in a fine of over $317 million. On 25 april, the beijing municipal market supervision authority published 10 typical cases。
I. Violations of the right to exclusive registration of trademarks and false propaganda in connection with the global film festival by the beijing chocolate children's art theatre ltd
In july 2023, the beijing municipal market supervisory authority investigated, on the basis of reports, the violation of the right of the beijing chocolate children's art theatre ltd. To exclusive registration of trademarks and false propaganda in relation to the city of globe。
It was found that the unauthorized use of posters bearing the symbols “the jurassic age and chart” “the croods” on their web sites, micro-clinics and tickets, as well as the false promotion of their children's dramas on posters, such as the “face of the avinion festival interactive play” and the violation of the trademark rights of universal city film company limited and dreamworks motion picture companies. Law enforcement agencies impose a total fine of 558,000 yuan on the parties in accordance with article 60, paragraph 2, of the trademark law of the people's republic of china and article 20, paragraph 1, of the law of the people's republic of china on anti-improper competition。
Ii. Responsibility of the olympiad institution and the registration of the diversity of the olympiad case
In august 2023, the beijing municipal market supervisory authority investigated, on the basis of leads, the violation of the exclusive rights of olympic symbols and the registration of trademarks by beijing scenic works limited。
It was found that the client had sold to foreign countries the tortuous thai blue products marked “beijing city plant”. On site, it was found that the parties were in the process of selling a tortuous thai blue product with a bottle under the name “hoon ojo”, a 2022 olympic emblem in beijing, and a “beijing 2022”. The persons in question had acted in violation of the exclusive right to register trademarks and the exclusive right to olympic symbols of the “beijing city factory”. In accordance with article 60, paragraph 2, of the trademarks act of the people's republic of china and article 12, paragraph 1, of the regulations on the protection of olympic signs, law enforcement agencies confiscate tort goods and impose a total fine of $3,000 on the persons concerned。
Iii. The horn of the production of piece piece
In may 2023, the beijing municipal market monitoring authority, in conjunction with the public security department, destroyed the pits of gold-cement for a lifetime of maternity leave, and law enforcement agencies carried out raids and law enforcement during the production of the persons concerned, in accordance with the previous schedule。
It was found that the person had leased an unoccupied compound in a village, purchased low-cost bulk cement from a nearby cement factory and sold it to the surrounding village by filling equipment and distributing it into a fake gold cement bag. In accordance with article 60, paragraph 2, of the trademarks law of the people's republic of china, law enforcement authorities confiscated one set of equipment for production and distribution, 7. 5 tons of unsold cement, 33 tons of unsubcontracted bulk cement and 1810 unused bags, and imposed a fine of $1,000。
Iv. Online of beijing electronic commercial commerce company limited competitions that involved the approach of registration of references case
In january 2023, the market supervisory authority of tunzhou district of beijing city investigated, on the basis of leads, the violation of the right to register trademarks by the beijing electronic commerce company ltd. For the sale of goods whose actions were suspected of constituting an offence, and the case was referred to the public security authorities。
It was found that in august 2021, the party had rented a warehouse to sell clothing and footwear in the name of the “old man's shoe store” through a line and a web platform. A total of 2,367 items of clothing and 1282 pairs of sports shoes, amounting to $6. 42 million, were seized by law enforcement officials on site in violation of the right to register trademarks. The parties ' actions violated the right to register trademarks and were suspected of constituting an offence. The market supervision authority of the tunzhou district referred the case to the public security organs in accordance with the law。
V. Baseno electronic technology company in beijing case
In august 2023, the market monitoring authority of the suyi district of beijing, on the basis of an advisory opinion from a people's procuratorate in hebei province, investigated violations of the right to register trademarks by besino electric and electrical technology ltd. In beijing。
It was found that, without obtaining authorization from the holder of the “atraskopko” trademark, the party had sold the hydraulic wrench and the french cutter equipment, which it had purchased under another brand, after pasting the “atraskopco” trademark, to use the same trademark as its registered trademark on the same commodity without the licence of the trademark holder. In accordance with article 60, paragraph 2, of the law on trademarks of the people's republic of china, law enforcement agencies fine the person concerned a fine of $870,000。
Vi. The department of the prohibition of the registration of the registration of the community of the symbol summit case
In october 2023, the market supervisory authority of the eastern city of beijing investigated the reported violation of the right to register the trademarks of the “small treasure source” by the beijing hong po source catering service limited。
During the period from 5 to 31 july 2023, the parties were found to have used the “polymers” trademark in the name and pictures of their tablets and web platforms, constituting the use of the same trademarks in the same service as their registered trademarks without the licence of the trademark holder. In accordance with article 60, paragraph 2, of the law on trademarks of the people's republic of china, law enforcement authorities fine the individual 220,000 yuan。
Vii. The limited corporation of the limited scientific and technology development corporation company in beijing
In february 2023, the market supervisory authority of the peking city district of beijing investigated, on the basis of leads, the fraudulent patent behaviour of the company limited liability for the development of solari-technology in beijing。
It has been found that the parties, without obtaining a patent for the invention in question and the associated patent authorization, place the skin stitcher they produce in a box marked “inventory patent” for sale, with an illegal proceeds of $12,000. In accordance with article 68 of the law on patents of the people's republic of china, the law enforcement authorities confiscate 12,000 yuan in proceeds of offences and impose a fine of 24,000 yuan。
Viii. The prohibition of other investments in the market market order by the stockholds
In september 2023, on the basis of a complaint, the beijing city housing mountain market supervisory authority investigated other improper means of disturbing the market order of trademark agents by the hong kong intellectual property agency ltd. In beijing。
In the course of the trademark agent's correspondence with the applicant, the party's operator uses the expression “security registration, no fear of success” in the form of “security registration, no fear of success”, as well as misleading the applicant to commission other business unrelated to the trademark registration application. The acts of the parties were the result of a promise, an exaggeration of the success of their agency, the misleading of the client in the application for registration of a trademark, and other improper means of disturbing the market order of the trademark agent. In accordance with article 68, paragraph 1, of the trademarks law of the people's republic of china, the law enforcement authorities warn the person concerned and impose a fine of $10,000。
Ix. Settlement of commodities in responsibility in registration of references by the registration of stocks case
In november 2023, on the basis of reports from the market monitoring authority of the tondai district of beijing and the market monitoring authority of the high tablet shop of hebei province, in collaboration with the intellectual property law enforcement mechanism of tokyo qin, it was planned to conduct simultaneously a raid on two businesses selling counterfeit “bosss” from the tondai district of beijing and the high tablet shop of hebei province, to seize 186 boxes of illicit commodities in a wholesale market in the tondai district and 239 boxes of illicit commodities in a warehouse in the kostakjo city of hebei province。
It was found that csp (beijing) trading ltd. Purchased 200 boxes of “boss” haide in two batches, and sold 14 boxes at the time of inspection, with an illicit turnover of $25,000. According to the rights holder, the above-mentioned seaweed is a commodity that violates the right of the public company for food and marketing of tecano, thailand, to exclusive use of registered trademarks. In accordance with article 60, paragraph 2, of the trademarks law of the people's republic of china, law enforcement agencies confiscate tort goods and fine the individual 50,000 yuan。
X. Comprehension of the role of the registration of the five food liquipment in beijing case
In february 2024, on the basis of a referral from the public security authorities, the market supervision authority of the moyuan district of beijing city investigated the violation of the right of beijing's pekinga jia-xi store to register a trademark of “five grains”。
A total of 96 bottles of five grains of white wine were found to have been purchased and sold at their premises by the parties through the logistics channel, and the above-mentioned white wines were identified on-site by the rights holders of the “five grains” trademark as goods in violation of the right to register the “fives” trademark, with a total value of $10,3680. In accordance with article 60, paragraph 2, of the trademarks law of the people's republic of china, law enforcement agencies confiscate tort goods and impose a fine of $155,000 on the person concerned。
