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WEEKLY NEWS - NOVEMBER 23, 2007

This article is part of MIP Week, a weekly email newsletter written by the editors of Managing IP magazine. Take a one week trial to Managing IP and find many more related articles.

First overseas TM victory for Chinese company

Peter Ollier, Hong Kong

Beijing-based bean curd maker Wangzhihe has won a trade mark infringement lawsuit against a German company – a rare example of a Chinese company resorting to litigation abroad to protect its brand

In a November 14 decision a Munich court ordered German supermarket Okai to stop using the Wangzhihe trade mark. The Chinese company filed the lawsuit in January 2007.

Wang Jiahuai, the company’s managing director, was quoted in Xinhua, China’s state media as saying: “Our success shows that Chinese companies could and should safeguard their lawful rights in foreign countries using the law.”

“I suspect there will be more cases to come,” George Chan, senior counsel with Kangxin Partners in Beijing told MIP Week.

The first attempt by a Chinese company to protect its patents abroad came in February 2006 when flash memory maker Netac sued US rival PNY for patent infringement in the Eastern District of Texas.

The cover story of Managing IP’s October issue covers the Wangzhihe case in more detail and outlines the need for Chinese companies to be more proactive in protecting and developing their trade marks abroad.



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