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Membership Service Journey: Case sharing - IPR Protection for Industrial Design

Create Time:2021-07-12

On June 23, the Quality Brands Protection Committee of China Association of Enterprises with Foreign Investment (QBPC) held an online meeting on Moët Hennessy case sharing - IPR Protection for Industrial Design. Carol Lin, Membership Services Committee Vice Chair, delivered opening remarks. More than 70 representatives of QBPC members attended the meeting.

Vivian Yao, Head of Moët Hennessy North Asia Brand Protection Team, gave a brief introduction of the Hennessy Group and its intellectual property protection strategy. She said that wine bottle as one of the carriers of Hennessy's commercial value, played an important role in identifying the source of goods. Therefore Hennessy always attached great importance to the intellectual property protection of its wine bottles. In view of the large number of counterfeit bottle products on the market, Hennessy used to defend its rights by sending legal letters and file administrative complaints, but the effect was limited. In the case of Hennessy Paradis Bottle copyright infringement dispute, Hennessy obtained good results through judicial recognition and protection by advocating the copyright of work of applied art”. Hennessy and its lawyers worked closely in handling the case and put a lot of efforts in defining the nature of the work, the collection of copyright ownership evidence and the fixation of infringement evidence.

Lawyer Zhang Xu made a more comprehensive interpretation of the intellectual property protection of industrial design and analyzed in detail the different ways and characteristics of industrial design protection. In the aspect of appearance design protection, he introduced the major amendments of the patent law and the copyright protection after the invalidation of the appearance patent. In terms of three-dimensional trademark, he focused on the registration status and the examination of distinctiveness. On the copyright protection of work of applied art, Zhang Xu explained the concept, origin, relevant regulations and classic cases of this protection method, and sorted out the highlights of Hennessy Paradis Bottle copyright infringement dispute case. Finally, Zhang Xu cited "First Principle Thinking" to end this sharing. He suggested that in the selection of intellectual property protection plan for industrial design, people should recognize the ultimate goal that the right owner wanted to achieve through the case, instead of blindly following the usual practice or copy the experience of others.

The sharing meeting attracted representatives of member companies from different industries, reflecting members' attention to this topic. During the Q&A session, several representatives shared the difficulties they met in IPR protection of industrial design, and Zhang Xu offered his opinions. The meeting came to a successful conclusion.

The member companies participating in this event were ABRO, Medtronic, Microsoft, Nike, Perfect, Qualcomm, Schneider Electric, Abercrombie & Fitch, adidas, Allergan, Amore Pacific, Applied Materials, Anta, Apple, ASSA ABLOY, Beiersdorf, Bosch, BP, Brita, Burberry, Capri Holdings, Caterpillar, Covestro, DuPont, Eaton, Lego, Luxottica, Mattel, Moët Hennessy, NBA, New Balance, Novozymes, Panasonic, Philips, Siemens, Siemens Healthineers, Stokke, Syngenta, Tiffany, Toyota, Tommy Hilfiger, Underwriters Laboratories, WAHL and U.S. Golf.