Descriptive Fair Use And Other Trade Mark Infringement Defences

(Source: Rouse)

Each year, the Supreme People’s Court issues a report on intellectual property and unfair competition cases heard during the year and, on the basis of selected cases, provides guidance on application of relevant laws.

In the 2014 Annual Report, 35 typical cases were selected and, on the basis of these, 50 guidelines were established. Guideline 21, based on the Shan'xiMaozhiEntertainment Limited Company (‘Shan'xi Maozhi’) vs. Animation LLC (‘DreamWorks’) & Ors case, relates to the fair use defence.

This article looks at both the fair use defence based on descriptive use, as upheld by . . .

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