JIADUOBAO Herbal Tea, 310 ml

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In this case, while the plaintiff had furnished prima facie evidence to prove the profits the infringer has yielded from infringement, the infringer had refused to provide proof of the infringement scale. The Court therefore dismissed the defendant's defence on the degree of contribution of the patent at issue to its profits. (3) In 2006, Tencel transferred all its shares in the joint venture and decided not to renew the trademark licence. Red Bull China tried to force the renewal of the licence, but failed. Then, realising that it would be impossible to force Tencel to renew the trademark licence, Red Bull China shifted its strategy. Relying on the terms of the 1995 joint venture agreement, it claimed that the trademark had been transferred to the joint venture.

Given that trademark ownership remains with the licensor at the end of a licence agreement, it is highly recommended to stipulate in the agreement whether the licensor and/or the licensee shall bear the cost of advertisements and promotion and which party will benefit from such promotion. This will prevent the licensee from requesting compensation and claiming that the trademark has gained value as a result of its own effort. The battle between Wang Lao Ji Jia Duo Bao vividly demonstrated how the brothers turned against each other. The main ingredient of herbal tea is Chinese herbal medicine, which is made into herbal tea after torment. In August 1997, Yangcheng Tonic Factory assigned the WANG LAO JI trademark to Guangzhou Pharmaceutical Holding (GPH), which continued the production and sale of the herbal tea in the green container. Jiang Jin Winery (Group) Ltd filed to invalidate Jiang Xiao Bai Distillery's registered trademark JIANG XIAO BAI (in Chinese characters), citing article 15 of the Trademark Law. The case exhausted all viable procedures and ended with the SPC affirming the validity of the disputed trademark, finding that Jiang Jin Winery Group had enjoyed no rights to the disputed trademark prior to the application date even if it had formed a distribution relationship with Jiang Xiao Bai Distillery. (6)The SPC delineated in detail the parameters in ascertaining patent infringement in the network communications industry. Where the accused infringer, for the purpose of manufacture and operation, substantiates the substance of a patented solution in the accused infringing products, and the act per se, or the consequences thereof, plays an indispensable and substantial role in fully incorporating the technical features of the patent claims, the terminal user, during the normal use of the accused infringing products, will naturally reproduce the patented method and process, which shall be found to have exploited the patented method and infringed the patent at issue. Additionally, in contrast to the fact that the plaintiff had furnished prima facie evidence of the profits that the infringer yielded from infringement, the infringer refused to provide proof of infringement scale. The court therefore dismissed the defendant’s defence on the degree of contribution of the patent at issue to its profits. New plant varieties

In WEIBOND Technology Ltd v Li Jianyi (Case 158), the plaintiff sued its former employee and another defendant over the ownership of an invention, which was initially filed by the former employee and later transferred to the co-defendant. At issue was whether the patent in question constituted a service invention accomplished by the employee in the course of fulfilling his job responsibilities assigned by the plaintiff. Courts from the first instance to retrial unanimously ruled in favour of the plaintiff.Wang Lao Ji, the licensor, was not too happy with this decision, in particular when the licensee, Jia Duo Bao, launched an advertisement campaign, after the termination of the trademark licence agreement, using the following slogan: "The national leading red canned herbal tea changed its name to Jia Duo Bao", which obviously gave the impression that its product was the original product which had changed its name. The licensor Wang Lao Ji initiated another lawsuit on the ground of false advertisement.

Apart from being about soft drinks, the Wang Lao Ji and Red Bull cases share an important commonality: the plaintiff, the ex-licensee, claimed that even if the licence was terminated, the success of the brand was due to its efforts and should, therefore, be rewarded. After the foundation of the People's Republic of China, Wong Lo Kat (pronounced Wánglǎojí in Mandarin) in mainland China has been owned by the government. Yangcheng Tonic Factory registered the trademark WANG LAO JI (王老吉) for an herbal tea that it produced and https://www.webmd.com/vitamins-supplements/ingredientmono-904-chrysanthemum.aspx?activeingredientid=904&activeingredientname=chrysanthemum

whether the former employer conducted technological R&D pertaining to the patent at issue or whether the relevant technology has another legitimate source; and The content of the slogan is true and consistent with the facts, because after the termination of the trademark licence agreement, Jia Duo Bao started commercialising the red canned herbal team with its own mark "Jia Duo Bao".