Page 215 - مجلة الملكية الفكرية العدد كامل

‫ المجلس الأعلى للثقافة‬- ‫لجنة حماية الملكية الفكرية‬

This is the very first case The court rules that the
the People’s Court finds “In-Sink-Erator” Trade-
that trademark piracy with- marks had already had a
out substantial use or mali- certain influence in the field
cious assertion of the pirated of food waste disposers and
marks also constitutes a vi- water purification devices
olation of Article 2 of the An- as early as 2005. Xiamen
ti-Unfair Competition Law. Anjier and Xiamen HNBC
could not provide a reason-
The first-instance court able explanation for their in-
first clarifies that the dispute tention for these filings and
is actionable, that is, a civil their “source” of the design
claim for recovery of attor- related to register identical
ney fees against trademark or similar trademarks on dif-
piracy is a lawsuit for civil ferent classes, which obvi-
liability arising from proper- ously exceeds their needs in
ty relations as the result of normal business operation.
trademark piracy and can be Furthermore, the court fur-
adjudicated in a civil court. ther holds that Xiamen An-
In the meantime, the court jier’s piracy forced Emerson
clarifies that the trial of such to file oppositions, invalida-
civil disputes does not in- tions, administrative court
terfere with CNIPA’s ad- appeals and finally civil law-
ministrative authority over suits to safeguard its legit-
managing the trademarks imate rights and interests,
registration system. which to a certain extent

Min Min Zhong No. 1129.

215