Article 25 of the Patent Law provides for six types of subject matters for which no patent right should be granted. No matter how practical, novel or inventive they are, specific results covered by such subject matters are excluded from patent protection. Nevertheless, the determination of ineligible subject matters does not require evidence to aid comparison as in the case of commenting on novelty or inventiveness, which can be concluded directly and merely by deductive reasoning.
This case is an exploration of "other" unfair competition acts under Article 12 of the Anti-Unfair Competition Law and provides guidelines for the adjudication of similar cases involving cybercrimes.
This case showcased the in-depth implementation of the central government's judicial policy requirements on the protection of property rights and the rights and interests of entrepreneurs.
If an application for business name registration was for the implementation of unfair competition, it would not be applicable to the principle of administrative trust protection.
The judgment of this case regulates the unfair competition act of using fabricated identity and employment history to obtain unfair competitive advantages.
Generic vocabulary can have acquired distinctiveness through long-term promotion and use, so the "proper use" of a trademark of the "generic term" nature is limited to the use of the first meaning of the term, i.e. the literal and inherent meaning of the word(s); The use of the second meaning of a "generic term" is actually an infringement act of the good reputation of another's well-known trademarks.
The profitability of investing in domain names and the loopholes in the industry management have brought various chaos in the domain name registration industry.
This case involves the determination of commercial disparagement committed by employees of a company through their personal social media accounts. WeChat Moments has now become an important channel for information dissemination, and a considerable number of operators have used WeChat Moments as a marketing place to release promotional content.
When an internet rushing buy service uses technical means to provide users of the target platform with an unfair rushing buy advantage, which destroys the established rushing buy rules of the target platform and deliberately bypasses its regulatory measures, causing serious damage to the user stickiness and business environment of the target platform, it shall be deemed to have constituted unfair competition.
Through the effective regulation of new types of unfair competition acts under the context of internet competition environment, this case encourages operators to operate in good faith, maintain the normal competition order in the internet market, promote the healthy, orderly and standardized development of the internet video industry, which provides important regulatory guidelines for the rapidly developing internet industry in China.
If it is impossible to prove that public platform data has been captured through normal channels, the act of capturing the public data also constitutes unfair competition.
From the perspective of the legislative purpose, the purposes of formulating the patent law are the same in all countries in the world, and with the continuous development of globalization and deepening international cooperation, international patent procedures such as the Paris Convention for the Protection of Industrial Property and the Patent Cooperation Treaty (PCT) have emerged accordingly. However, there still exist subtle differences in many provisions of the patent law of each country depending on their actual situations.
The 2022 INTA Annual Meeting will be held in Washington DC as a physical event with virtual components from April 30 to May 4. With 6,500 organizations from 185 countries comprising INTA’s membership, its annual meeting has been recognized as the world’s largest IP event. As INTA’s media partner in China since 2014, China IP on February 28 interviewed INTA CEO Etienne Sanz de Acedo.
INTA's 2022 Annual Meeting Live+ has been held in Washington, D.C., as a combined physical + virtual event from April 30 to May 4. The choice of a hybrid format reflects the association's response to the easing of COVID-19 social distancing restrictions, with the transition from its 143rd Annual Meeting Virtual+ to the 144th Annual Meeting Live+. As INTA's media partner in China since 2014, on February 28 China IP interviewed INTA CEO Etienne Sanz de Acedo.
Zeeger Vink, IP director of MF Brands Group, is the INTA 2022 President. In this role, he is Chair of the Board of Directors and the Executive Committee. In an interview with China IP, Mr. Vink shares his insight on trademarks and brands, provides practical advice to Chinese members on how to participate in and benefit from the INTA community. INTA Annual Meeting Live+ officially began on April 30, took place in person in Washington, D.C., and virtual.
The correct trial of this case plays a vital role in unifying adjudication standards of former employees' using the original company's customer information to infringe on trade secrets, improving the rules of evidence application, hearing civil cases of infringement of trade secrets in a fair manner in accordance with the law, and creating a legalized business environment.
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