WIPO Launches New Publication Series; China is First Contributor

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The World Intellectual Property Organization has published the first edition in a new publication series collecting landmark intellectual property (IP) judgments from some of the most dynamic litigation jurisdictions around the world.

The “WIPO Collection of Leading Judgments on Intellectual Property” series aims to illustrate IP adjudication approaches and trends, by jurisdiction or theme in each volume.

The first title is a joint publication with the Supreme People’s Court (SPC) of the People’s Republic of China. It features 30 representative judgments rendered by the SPC between 2011 and 2018, presented in both Chinese and English. These decisions, selected by the SPC, exemplify recent judicial adjudication in the areas of copyright, trademarks, patents, trade secrets, new plant varieties, integrated circuit layout designs, monopoly and competition, and criminal enforcement of IP rights.

The publication is part of WIPO’s efforts in the area of the judicial administration of IP, led by the WIPO Judicial Institute, to engage judges from around the world as they share experiences on the common challenges they face and discuss new subject matters and concepts.

Continue reading on the WIPO’s website.

DIOR: 3D TRADEMARK REGISTRATION CASE

2014 Christian Dior registered its J’adore perfume bottle as a 3D trademark and also an international registered trademark. Following the Madrid Agreement and the Madrid Protocol, Dior applied a territorial extension protection in China through the international bureau of WIPO. The TRAB of the SAIC rejected the application on July 13, 2015 with the reason of lack on distinctiveness. Dior filed a application for review of the refusal, but was also rejected with the same reason. After that, Dior submitted a administrative case to the court against TRAB’s decision, but failed by first and second instance. At last Dior applied for retrial to the Supreme People’s Court. On April 26, 2018 the Supreme People’s Court of China brought in a verdict that Christian Dior won the trial in the administrative dispute with the TRAB about the review of refusal, the TRAB must re-review this trademark application.

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