Trademark license and packaging right

(Author: Paul RANJARD; Source: WAN HUI DA)

In July 2017, the Supreme People's Court of China, acting as Court of Appeal, reversed a judgment made by the Guangdong High Court (December 2014), and declared that a trademark and a packaging, on the same product, may constitute two independent IP rights.

Background of the case

In 1828, a Guangdong doctor called Wong Chat Bong created a Chinese herbal tea brand “Wong Lo Kat”. The tisane, which was initially popular in southern China, is brewed by certain Chinese herbals into a concoction . . .

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