It is a common thought among entrepreneurs that IP rights have no value in China. Nowadays, this (mis-) conception is completely outdated. In 2015 Chinese companies filed more than a million patent applications (a third of the total amount of 3 million patent applications worldwide). Whereas American and Japanese companies filed half a million applications each. China is also the number one country regarding trademark registrations. In 2015 a vast number of 2.8 million trademark applications were filed in China. As a result, an increasing number of Chinese companies can be found in the court of law as the demanding party in trademark infringement cases. »design-law
Design rights are the perfect tool to claim protection of shapes. However, this right has its limitations. Lose parts of an object cannot be protected through design rights. The philosophy behind this is that non-visible parts should be replaceable at all times. Therefore, the manufacturer can only claim design rights for the parts which are visible. However, how far can we take this? »design-law
In order to register a product as a design, a number of images should be filed, which basically explain what the design actually looks like. Not a great deal of other demands need to e fulfilled. Almost every design filing is accepted. Validity problems just arise in case of conflicts. However, one of the few demands that are required of the images is that they have a neutral background. Not too difficult to overcome, but in sometimes it apparently is. »design-law
In 2011 Basil Denton unveils the new rotan bicycle basket, with leather strips. Less than a year later the competition introduces a basket that looks suspiciously alike, the Java New Looks. This likeness is not be accident. A picture of the Basil Denton product served as its inspiration. The director did not want an exact copy, claiming: “We would like to change the baskets a little bit so that they are not exactly the same as Basil”. Basil demands that the baskets are removed from the market. »design-law
In 2014, Marijn Oomen launches the inflatable life size lounge seat, the LAMZAC Hangout. One simply swings the lightweight bag and it fills itself with air and creates a life size lounge seat. The air remains in the seat by folding and rolling the opening. A lounge seat that can be placed in a minute. Ideally for relaxing, without having to worry about a hard or rocky ground. In order to be able to stand up against future products with the same overall impression, a European Union design is registered in 2015. »design-law
MENTOS has been selling chewing gum under the name MENTOS PURE FRESH for several years. In order to protect her rights MENTOS has registered the following trademarks: the logo MENTOS PURE FRESH, the logo MENTOS PURE FRESH 3 and a figurative depiction of the word PURE.
Defendant sells chewing gum under the trademark DENTYNE PURE and has registered its logo as a trademark.
Infringement or not?