Enterprise

China IP,[Comprehensive Reports]

Xiaomi and Nokia Achieves the Patent Cooperation
On July 5, Xiaomi and Nokia announced that both sides have signed a business cooperation agreement and a patent license agreement valid for several years, of which the latter included cross-licensing of standard essential patents (SEP) in the mobile networks. The acquisition of part of Nokia’s patent assets was also included in this transaction. According to the signed business cooperation agreement, Nokia will provide internet service provider and the basic internet facilities and equipment with high-performance and low-power consumption, which the data center needs.
 
Beijing Lehui Tianxia Infringing the Trademark Right of One Piece to Pay RMB 30 Million Compensation
On July 12, Beijing Administration for Industry and Commerce (BAIC) releases a part of trademark infringement cases. Among them, some mobile games infringing the trademark right of One Piece, which became the first major case of infringement punishment in the internet industry. Beijing Lehui Tianxia Technology Co., Ltd. provided the download path to "Pocket One Piece", "Arcade One Piece" without authorization, taking advantage of 360 Mobile Assistant, "Wandoujia" and other mobile software operation platform. Haidian Office of the Beijing Administration for Industry and Commerce ordered the involved party to pay RMB 29.37 million yuan.  
 
Hebei Yangyuan Acquires RMB 270 Thousand Compensation in an Trademark Infringement Case
The producer of "Six Walnuts", Hebei Yangyuan Zhihui Beverage Co., Ltd. (Hebei Yangyuan) filed a litigation against the producers of "Six Huiren Walnuts" and "Six Plasmogen Walnuts".  The court affirmed after review that Hebei Yangyuan constantly registered the trademark of "Six Walnuts" for its walnut milk beverage and contributed much capital in advertising investment.  Both of the above beverage involved in the case has been affirmed on their infringement on "Six Walnuts". The court ruled that the producer of "Six Huiren Walnuts" should make a compensation of RMB 150 thousand yuan, the producer of "Six Plasmogen Walnuts" should compensate RMB 120 thousand yuan, and the 2 infringing companies should stop the infringement behavior.  
 
Taobao Wins Landmark Case Against Vendor That Sells Fake Cat Food on its Platform
The Shanghai People's Court of Fengxian District on July 20 ordered an online pet food shop to pay 120,000 yuan ($17,700) in compensation to Taobao after it was found guilty of selling fake Royal Canin cat food on the e-commerce platform. The ruling is the first of its kind in China.  
The court ruled that the shop damaged the reputation of Taobao and demanded that the defendant, a man surnamed Yao who started to sell pet food on Taobao in 2015, to pay the compensation within 10 days.  
 
The Website 2TV.CC Knocked Out for the Biggest Website Infringement in China
According to the Public Security Bureau in Zhenjiang municipality of Jiangsu province, the biggest website infringement against copyright has been solved, of which the involved website "Xunbo Movie Theater" (www.2tu.cc) was knocked out by the police. The involved website has been suspected of illegally releasing 34,835 film and television works, of which the amount is the biggest in the similar cases in China and the revenue of advertising management acquired illegally by the main suspect reached more than RMB 8 million yuan. Tencent Pictures greatly supported the detection work of this case and said that they would play related roles as an internet enterprise to further protect the copyright of the whole network.  
 
Tencent Wins the "287 Cases" Against Jinritoutiao
Shenzhen Tencent Computer System Co., Ltd. filed a litigation to the court against the operator of Jinritoutiao (Chinese meaning: Today’s Headlines) Beijing Zijietiaodong Technology Co., Ltd.  (Beijing Zijietiaodong) claiming that the latter released hundreds of articles on its website which infringed the former’s network transmission right of works information. Haidian People’s Court ruled the "287 cases" involving 287 articles, that Beijing Zijietiaodong’s behavior constituted infringement and should compensate RMB 810 yuan to 1,980 yuan per case for Tencent’s economic loss and reasonable expense. The involved articles features on the originality of the authors, so the court rejected the defense of Beijing Zijietiaodong that some of the involved articles did not constitute works.  
 
Alibaba and Kering Jointly Protects Their IP
On August 3, Alibaba Group and its affiliated enterprise Ant Financial achieved a breakthrough agreement with French Luxury Group Kering Group on joint protection over their intellectual property. They will initiate a joint action aiming at infringers online and offline, to provide consumers a brilliant experience and reliable environment with great efforts. As part of the agreement, Kering has agreed to cancel the litigation filed to the Court in New York against Alipay the subsidiary company of Alibaba Group and Ant Financial.  
 

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