On August 19, 2022, a seminar for experts on administrative enforcement of intellectual property rights was held under the guidance of the State Administration of Market Supervision and Administration and sponsored by the China Intellectual Property Research Society. Ms. Fei Wang, Senior Partner of King&Capital Law Firm, was invited to attend the meeting as an expert representative.
The purpose of this meeting is to gather experts' wisdom, solve enforcement problems and coordinate the promotion of intellectual property enforcement. The State Administration of Market Supervision and Administration, China Intellectual Property Research Association, China University of Political Science and Law, Huawei, Anta, Gree, Haier, Qihoo, Wuliangye, ZTE and other regulators, research institutes and famous enterprises participated in the meeting.
The meeting centered on the "enterprise name infringement of trademark rights of the determination of standards and legal basis, brand enterprises for the name of the infringement of the response strategy can be taken, the enterprise name and well-known trademark conflict of administrative law enforcement recommendations" three topics in order to start the discussion. Participating expert representatives expressed their views on the aforementioned issues from their own roles and experiences. Mr. Wang Fei firstly introduced the team's experience in related practice and the legal basis provisions commonly used in practice, and further proposed that the conflict between trademark and enterprise name should be judged by whether it is easy to lead to confusion, taking into account the subjective state of the perpetrator, the scale of the industry, and the specific origins of the factors to make a comprehensive judgment. With regard to the brand enterprises often encountered by other people's name confuse enterprise trademark right event disposal, Wang provides negotiation to change the name, unilateral statement, administrative report, civil litigation several solutions for enterprises to refer to. Finally, based on the experience of handling cases of intellectual property rights in administrative law enforcement practice, Wang proposed that: law enforcement should pay attention to the obligation to inform the procedural issues, to protect the rights and interests of the relative and the lawfulness of administrative behavior. From the perspective of reasonableness of administrative behavior, it is also proposed that attention should be paid to the legal interests of the alleged infringer, and to distinguish between specific circumstances to confirm whether and how to punish. Calling attention to the problem of abuse of rights, it is argued that the influence of the mark formed by the use of the defender outside the approved goods or services should not be given strong protection as the legal interests of trademark rights of course in the administrative enforcement. It is suggested that the enforcement agencies should work in detail to meet the current social background of building a favorable business environment. In the meeting, the leaders, experts and participating enterprise representatives around the topic of in-depth exchanges, for the trademark and enterprise name infringement of intellectual property rights related to the specialized issues of administrative law enforcement practice has formed a multi-angle reference opinion materials.
Faye Wang's team of lawyers specializes in data processing and commercial dispute resolution related to intellectual property rights. They have accumulated profound legal research and practical application capabilities in the direction of competition law and pan-intellectual property rights, and are one of the few legal service forces that can provide comprehensive solutions across several specialties such as trademarks, patents, copyrights, unfair competition and data security. Ms. Wang is a member of the Science and Technology and Big Data Committee of Beijing Lawyer Association, an expert of Lawyer Expert Database of Rule of Law Daily, and a member of the first Data Security Industry Expert Committee.
(Click on the link to learn about the "Seminar on Judgment and Law Enforcement Standards for Infringement of Trademark Rights by Enterprise Name Organized by China Intellectual Property Research Association")
