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Commercial Awareness Update - April 2019!
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<blockquote data-quote="Angel" data-source="post: 10656" data-attributes="member: 980"><p><strong><u>Jaguar Land Rover’s victory in the Chinese Courts ([USER=201]@bugsy malone[/USER])</u></strong></p><p></p><p><strong>The story:</strong></p><p></p><p>Last week, Jaguar Land Rover (JLR) won a 3-year long case in the Chinese courts against a Chinese copycat car brand. The court found that the Range Rover Evoque model has five unique features which were directly copied by Jiangling Motor Corporation in their Landwind X7 model.</p><p></p><p>The court ruled the similarity of the two vehicles had led to widespread consumer confusion. They ruled that all sales, manufacturing and marketing of the Landwind X7 must cease immediately, as well as, pay compensation to JLR. </p><p></p><p>It is worth noting that international carmakers tend to be reluctant to bring matters to litigation because it risks damaging the reputation of their brands in the Chinese market. </p><p></p><p><strong>The impact on businesses and law firms:</strong></p><p></p><p>This was a welcomed ruling for JLR. It strengthens confidence in investing in China and the fairness of intellectual property adjudication in the Chinese courts. JLR’s Head of Legal Department said that “the ruling is a clear sign of the law being implemented appropriately to protect consumers and uphold their rights from being confused or misled, whilst protecting business investment in design and innovation”. </p><p></p><p>Several international carmakers have complained about local brands copying their designs, but this is the first case of its kind, where China has supported a foreign company over a Chinese carmaker. This is significant because carmakers have long operated in China with the knowledge of potential copycat operators in the market, partly in order to gain access to the world’s largest car market and a key source of profits for many of the major operators. The result could set a precedent for other brands to file against copycat makers. </p><p></p><p>The ruling also came at an interesting time, given the current trade war situation between China and the US, which many argue was caused by Chinese tech protectionism and IP theft.</p></blockquote><p></p>
[QUOTE="Angel, post: 10656, member: 980"] [B][U]Jaguar Land Rover’s victory in the Chinese Courts ([USER=201]@bugsy malone[/USER])[/U][/B] [B]The story:[/B] Last week, Jaguar Land Rover (JLR) won a 3-year long case in the Chinese courts against a Chinese copycat car brand. The court found that the Range Rover Evoque model has five unique features which were directly copied by Jiangling Motor Corporation in their Landwind X7 model. The court ruled the similarity of the two vehicles had led to widespread consumer confusion. They ruled that all sales, manufacturing and marketing of the Landwind X7 must cease immediately, as well as, pay compensation to JLR. It is worth noting that international carmakers tend to be reluctant to bring matters to litigation because it risks damaging the reputation of their brands in the Chinese market. [B]The impact on businesses and law firms:[/B] This was a welcomed ruling for JLR. It strengthens confidence in investing in China and the fairness of intellectual property adjudication in the Chinese courts. JLR’s Head of Legal Department said that “the ruling is a clear sign of the law being implemented appropriately to protect consumers and uphold their rights from being confused or misled, whilst protecting business investment in design and innovation”. Several international carmakers have complained about local brands copying their designs, but this is the first case of its kind, where China has supported a foreign company over a Chinese carmaker. This is significant because carmakers have long operated in China with the knowledge of potential copycat operators in the market, partly in order to gain access to the world’s largest car market and a key source of profits for many of the major operators. The result could set a precedent for other brands to file against copycat makers. The ruling also came at an interesting time, given the current trade war situation between China and the US, which many argue was caused by Chinese tech protectionism and IP theft. [/QUOTE]
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