The SPC delineated in detail the parameters in ascertaining patent infringement in the network communications industry. Where the accused infringer, for the purpose of manufacture and operation, substantiates the substance of a patented solution in the accused infringing products, and the act per se, or the consequences thereof, plays an indispensable and substantial role in fully incorporating the technical features of the patent claims, the terminal user, during the normal use of the accused infringing products, will naturally reproduce the patented method and process, which shall be found to have exploited the patented method and infringed the patent at issue. Additionally, in contrast to the fact that the plaintiff had furnished prima facie evidence of the profits that the infringer yielded from infringement, the infringer refused to provide proof of infringement scale. The court therefore dismissed the defendant’s defence on the degree of contribution of the patent at issue to its profits. New plant varieties In 2013, competition between Chinese brands were extremely fierce. Some brands provoked the war, some were forced to confront. As for old enemies like Wang Lao Ji and Jia Duo Bao, they already got used to combating with each other. Social media rose to be important battle fields in recent years. NO.1 Jia Duo Bao VS Wang Lao Ji In the Ideal Space case (September 3 2019), the SPC clarified the conditions required for using the prior use defence provided by Article 59.3 of the Trademark Law. This allows a prior user to continue his use within the original range. According to the SPC, if a party, based on the previous trademark licensing contract it entered into with another party and its contribution in promoting the goodwill of the licensed trademark, by releasing the commercial taglines, informs the consumers of the fundamental facts without creating misunderstanding among the relevant public and exhibiting no intention to improperly exploit the reputation and goodwill of the said trademark, this shall not be considered to be false advertising (which is prescribed in the Anti-Unfair Competition Law).

Litigation relating to joint investment and trademark licensing can be complex and costly, particularly if the parties' agreement did not foresee and carefully describe what would happen upon the termination of their relationship. Two famous cases concerning soft drinks in China provide an interesting illustration: which retains loyalty to a certain extent The old customer base is the most direct connection point between products and consumers.The SPC held, without further explanation, that it would be "unfair and maybe detrimental to the public interest" if the red can design was awarded to either side. Therefore, the SPC declared that both parties were entitled to use the red can design and dismissed both claims. Guangzhou Pharmaceutical Holding (GPH) v Dongguan Jia Duo Bao Drink & Food Co, Ltd (" Wang Lao Ji"). The agreement provided, in general terms, that "Tencel shall provide . . . the trademark" and "[t]he trademark is part of the assets of the company". However, the Chinese trademark was never assigned by Tencel to Red Bull China, which operated under a trademark licence. whether the former employer conducted technological research and development (R&D) pertaining to the patent at issue or whether the relevant technology had another legitimate source; and The Guangzhou Pharmaceutical Group first initiated the legal process, and it finally got a result on May 12, 2012.

Jia Duo Bao Herbal Tea is a healthy botanical beverage using the recipe of the Chinese herbal tea dating from the Qing Dynasty. A little deposition in the can is a natural material from herb and is totally safe for drinking. It can be served hot or cold. In 2012, Taobao Mall changed its name to Tmall (Tian Mao) which has phonetic similarity between its English and Chinese names. At the same time, a cat was designed as its mascot because of the name– Mao, which is cat in Chinese. One year later, Jingdong(also known as JD) suddenly changed its logo and designed a dog named Joy as its mascot. A war between a cat and a dog was triggered in the online shopping fest Double Eleven, November 11 th. In Chongqing Jiangji Distillery Ltd v CNIPA (Case 162), Jiang Jin Winery (Group) Ltd filed an invalidation of Jiang Xiao Bai Distillery’s registered trademark JIANG XIAO BAI in Chinese characters, citing Article 15 of the Trademark Law. The case exhausted all viable procedures and ended with the SPC affirming the validity of the disputed trademark, finding that Jiang Jin Winery (Group) enjoyed no rights over the disputed trademark prior to the application date, even if it had formed a distribution relationship with Jiang Xiao Bai Distillery. Jiaduobao has been focusing on building a dedicated brand and has not diversified its products to win a place in the highly competitive fast-moving consumer goods industry.The SPC set out the following conditions for a defendant sued by a trademark owner, to use, as a defence, its own prior use of the trademark: Wong Lo Kat ( Chinese: 王老吉), or Wanglaoji in Mandarin pinyin, is a Chinese herbal tea, and one of the most popular tisane drinks in China today. It is sold in many forms and different types of cans or cardboard containers.