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Beijing Daoxiangcun V. Beijing Sudao Food Industry Co., And Suzhou Daoxiangcun
Beijing Daoxiang Village Food Co., Ltd. ("Beijing Daoxiang") v. Beijing Sudao Food Industry Co., Ltd., and Suzhou Daoxiang Village Food Co., Ltd., (both together "Suzhou Daoxiang") (2015) Jing Zhimin Chu Zi No. 1606 is a trademark litigation case in China involving the name of a very popular brand of moon cake and highlights the criteria applied by Chinese courts to interim injunctions. The Beijing Intellectual Property Court ordered an injunction near the time of China's Mid-Autumn Festival which is the only time of the year in which mooncakes are sold. Background The two parties are pastry companies based in different parts of China. Suzhou Daoxiang is based in Jiangsu and has been operating since 1773. Beijing Daoxiang is based in Beijing and has been operating since 1895. Both companies have long produced moon cakes branded as ''Daoxiangcun'' (稻香村, “village with fragrant rice paddies”) and both have registered the term as a trademark, in different product categories ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Beijing Intellectual Property Court
The Beijing Intellectual Property Court () is a Court of special jurisdiction in the People's Republic of China, which handles: "first-instance IP civil or administrative cases with professional features involving patents, new varieties of plants, layout design of integrated circuit, know-how and so on." There are similar courts based in Shanghai and Guangzhou. History The Beijing IP Court was created at the same time as other courts in China by way of the Decision of the Standing Committee of the National People’s Congress on the Establishment of IP Courts in Beijing, Shanghai and Guangzhou, which was adopted at the 10th session of the 12th Standing Committee of the National People's Congress on 31 August 2014. The Beijing IP Court closed 5,432 cases in 2015 and 8,111 cases in 2016. Functions The Beijing IP court generally has the same functions as the other intermediate IP courts, which include: #Adjudicating over intellectual property infringement disputes. #Complex dispu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Trademark
A trademark (also written trade mark or trade-mark) is a type of intellectual property consisting of a recognizable sign, design, or expression that identifies products or services from a particular source and distinguishes them from others. The trademark owner can be an individual, business organization, or any legal entity. A trademark may be located on a package, a label, a voucher, or on the product itself. Trademarks used to identify services are sometimes called service marks. The first legislative act concerning trademarks was passed in 1266 under the reign of Henry III of England, requiring all bakers to use a distinctive mark for the bread they sold. The first modern trademark laws emerged in the late 19th century. In France, the first comprehensive trademark system in the world was passed into law in 1857. The Trade Marks Act 1938 of the United Kingdom changed the system, permitting registration based on "intent-to-use", creating an examination based process, an ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Moon Cake
A mooncake () is a Chinese bakery product traditionally eaten during the Mid-Autumn Festival (中秋節). The festival is about lunar appreciation and Moon watching, and mooncakes are regarded as a delicacy. Mooncakes are offered between friends or on family gatherings while celebrating the festival. The Mid-Autumn Festival is widely regarded as one of the four most important Chinese festivals. There are numerous varieties of mooncakes consumed within China and outside of China in overseas Chinese communities. The Cantonese mooncake is the most famous variety. A traditional Cantonese mooncake is a round pastry, measuring about in diameter and thick, with a rich thick filling usually made from lotus seed paste (other typical fillings include red bean paste or mixed nuts) surrounded by a thin, 2–3 mm (approximately 1/8 of an inch) crust and may contain yolks from salted duck eggs. Mooncakes are usually eaten in small wedges, accompanied by tea. Today, it is custo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Injunctions
An injunction is a legal and equitable remedy in the form of a special court order that compels a party to do or refrain from specific acts. ("The court of appeals ... has exclusive jurisdiction to enjoin, set aside, suspend (in whole or in part), or to determine the validity of...."); ("Limit on injunctive relief'); ''Jennings v. Rodriguez'', 583 U.S. ___, ___138 S.Ct. 830 851 (2018); '' Wheaton College v. Burwell''134 S.Ct. 2806 2810-11 (2014) ("Under our precedents, an injunction is appropriate only if (1) it is necessary or appropriate in aid of our jurisdiction, and (2) the legal rights at issue are indisputably clear.") (internal quotation marks and brackets omitted); '' Lux v. Rodrigues''561 U.S. 1306 1308 (2010); ''Correctional Services Corp. v. Malesko''534 U.S. 61 74 (2001) (stating that "injunctive relief has long been recognized as the proper means for preventing entities from acting unconstitutionally."); '' Nken v. Holder''556 U.S. 418(2009); see also ''Alli v. Dec ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mid-Autumn Festival
The Mid-Autumn Festival (Chinese: / ), also known as the Moon Festival or Mooncake Festival, is a traditional festival celebrated in Chinese culture. Similar holidays are celebrated in Japan (), Korea (), Vietnam (), and other countries in East and Southeast Asia. It is one of the most important holidays in Chinese culture; its popularity is on par with that of Chinese New Year. The history of the Mid-Autumn Festival dates back over 3,000 years. The festival is held on the 15th day of the 8th month of the Chinese lunisolar calendar with a full moon at night, corresponding to mid-September to early October of the Gregorian calendar. On this day, the Chinese believe that the Moon is at its brightest and fullest size, coinciding with harvest time in the middle of Autumn. Lanterns of all size and shapes, are carried and displayed – symbolic beacons that light people's path to prosperity and good fortune. Mooncakes, a rich pastry typically filled with sweet-bean, egg yolk, meat ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jiangsu
Jiangsu (; ; pinyin: Jiāngsū, Postal romanization, alternatively romanized as Kiangsu or Chiangsu) is an Eastern China, eastern coastal Provinces of the People's Republic of China, province of the China, People's Republic of China. It is one of the leading provinces in finance, education, technology, and tourism, with its capital in Nanjing. Jiangsu is the List of Chinese administrative divisions by area, third smallest, but the List of Chinese administrative divisions by population, fifth most populous and the List of Chinese administrative divisions by population density, most densely populated of the 23 provinces of the People's Republic of China. Jiangsu has the highest GDP per capita of Chinese provinces and second-highest GDP of Chinese provinces, after Guangdong. Jiangsu borders Shandong in the north, Anhui to the west, and Zhejiang and Shanghai to the south. Jiangsu has a coastline of over along the Yellow Sea, and the Yangtze River passes through the southern part ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Beijing
} Beijing ( ; ; ), alternatively romanized as Peking ( ), is the capital of the People's Republic of China. It is the center of power and development of the country. Beijing is the world's most populous national capital city, with over 21 million residents. It has an administrative area of , the third in the country after Guangzhou and Shanghai. It is located in Northern China, and is governed as a municipality under the direct administration of the State Council with 16 urban, suburban, and rural districts.Figures based on 2006 statistics published in 2007 National Statistical Yearbook of China and available online at archive. Retrieved 21 April 2009. Beijing is mostly surrounded by Hebei Province with the exception of neighboring Tianjin to the southeast; together, the three divisions form the Jingjinji megalopolis and the national capital region of China. Beijing is a global city and one of the world's leading centres for culture, diplomacy, politics, finance, busi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
E-commerce
E-commerce (electronic commerce) is the activity of electronically buying or selling of products on online services or over the Internet. E-commerce draws on technologies such as mobile commerce, electronic funds transfer, supply chain management, Internet marketing, online transaction processing, electronic data interchange (EDI), inventory management systems, and automated data collection systems. E-commerce is in turn driven by the technological advances of the semiconductor industry, and is the largest sector of the electronics industry. Defining e-commerce The term was coined and first employed by Dr. Robert Jacobson, Principal Consultant to the California State Assembly's Utilities & Commerce Committee, in the title and text of California's Electronic Commerce Act, carried by the late Committee Chairwoman Gwen Moore (D-L.A.) and enacted in 1984. E-commerce typically uses the web for at least a part of a transaction's life cycle although it may also use other techno ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
State Administration For Industry And Commerce
Prior to March 2018, the State Administration for Industry and Commerce (SAIC; ) was the authority in the People's Republic of China responsible for advancing legislation concerning the administration of industry and commerce in the People's Republic. On a local level, the organizations responsibilities roughly mimicked those of the secretaries of individual states in the United States as a registration and licensing authority. The last minister was Zhang Mao (). As part of China's 2018 government administration overhaul, the SAIC was merged into the newly created State Administration for Market Regulation. Administration The agency was organized into the following divisions: *General Office *Department of Law *Antimonopoly and Anti-unfair Competition Enforcement Bureau *Direct Selling Regulation Bureau *Consumer Protection Bureau *Department of Market Regulation *Regulation Department for Market Circulation of Food *Enterprise Registration Bureau *Bureau for Registration of Fo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
High People's Court
A high people's court or higher people's court (高级人民法院) is the highest local court in the People's Republic of China. In each province, it is subject to the "People's Congress". According to the ''Organic Law of the People's Courts of the People's Republic of China'', the courts are responsible for issues at the provincial level. National matters are handled by the Supreme People's Court. The President of each high people's court is appointed by the People's Congress. Judges are appointed by the "Standing Committee" of the People's Congress. References See also * Judicial system of China ** Local people's court A local people's court is a court at local level of the People's Republic of China. According to the ''Organic Law of the People's Courts'', the local people's courts includes: * High people's courts * Intermediate people's courts * Primary peop ... Judiciary of China {{China-stub ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Renminbi
The renminbi (; symbol: ¥; ISO code: CNY; abbreviation: RMB) is the official currency of the People's Republic of China and one of the world's most traded currencies, ranking as the fifth most traded currency in the world as of April 2022. The yuan ( or ) is the basic unit of the renminbi, but the word is also used to refer to the Chinese currency generally, especially in international contexts. One yuan is divided into 10 jiao (), and the jiao is further subdivided into 10 fen (). The renminbi is issued by the People's Bank of China, the monetary authority of China. Valuation Until 2005, the value of the renminbi was pegged to the US dollar. As China pursued its transition from central planning to a market economy and increased its participation in foreign trade, the renminbi was devalued to increase the competitiveness of Chinese industry. It has previously been claimed that the renminbi's official exchange rate was undervalued by as much as 37.5% against its purchas ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Intellectual Property In China
Intellectual property rights (IPRs) have been acknowledged and protected in China since the 1980s. China has acceded to the major international conventions on protection of rights to intellectual property. Domestically, protection of intellectual property law has also been established by government legislation, administrative regulations, and decrees in the areas of trademark, copyright, and patent. This has led to the creation of a comprehensive legal framework to protect both local and foreign intellectual property. Despite this, copyright violations are extremely common in the PRC. The American Chamber of Commerce in China surveyed over 500 of its members doing business in China regarding IPR for its ''2016 China Business Climate Survey Report'', and found that IPR enforcement is improving, but significant challenges still remain. The results show that the laws in place exceed their actual enforcement, with patent protection receiving the highest approval rate, while protect ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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