The Guangzhou Intellectual Property Court rules on its first trademark infringement and unfair competition case regarding parallel imports, in which it finds such acts should constitute neither trademark infringement nor unfair competition (Opel Electric / Guangdong Shifu Electric)

Hongbin, Jiao

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6 May 2020

The Guangzhou Intellectual Property Court rules on its first trademark infringement and unfair competition case regarding parallel imports, in which it finds such acts should constitute neither trademark infringement nor unfair competition (Opel Electric / Guangdong Shifu Electric)

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References

Guangzhou Intellectual Property Court, Opel Electric / Guangdong Shifu Electric, n°6976, 6 May 2020 (Chinese)

Guangzhou Intellectual Property Court, Opel Electric / Guangdong Shifu Electric, n° 6944, 6 May 2020 (Chinese)

Guangzhou Intellectual Property Court, Opel Electric / Guangdong Shifu Electric, n°6975, 6 May 2020 (Chinese)

First Trademark Infringement and Unfair Competition Case regarding Parallel Import Concluded by Guangzhou IP Court* Recently, Guangzhou IP Court ruled on its first trademark infringement and unfair competition case regarding parallel import, in which it found such acts should neither constitute trademark infringement nor unfair competition. Parallel import generally refers to “to import products that are legitimately manufactured abroad without the consent of the IP rights owner”. Judicially speaking, China does not have definite opinions on the legitimacy of such acts. In this recent case, both Guangzhou Nansha District People’s Court and Guangzhou IP Court decided that under the condition that the parallel imported products are genuine products legitimately manufactured abroad,

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Author

Jiao Hongbin
King & Wood Mallesons (Beijing)

China 1 contribution 356 visits

Quotation

Jiao Hongbin, The Guangzhou Intellectual Property Court rules on its first trademark infringement and unfair competition case regarding parallel imports, in which it finds such acts should constitute neither trademark infringement nor unfair competition (Opel Electric / Guangdong Shifu Electric), 6 May 2020, e-Competitions May 2020, Art. N° 95271

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