案例初稿 _ 中国政法大学.pdfVIP

2013 WANHUIDA-BFSU I.P. Moot Court THE PROBLEM INTELLECTUAL PROPERTY MOOT COURT PROBLEM In The Higher People’s Court of Zhejiang Province Changchun Dongxing Group as PETITIONER V. Hangzhou Yake Rubber Co., Ltd. as RESPONDENT BACKGROUND The following are undisputed facts for the two sides. Ⅰ 1. Changchun Dongxing Group (hereinafter referred to as the “Dongxing Group”), a large state-owned company specializing in tire manufacturing, was established in 1950. Dongxing Group applied for registration of the trademark “Dong Xing” for its tire products. In the area of tire manufacturing industry, the trademark “Dong Xing” is known by a majority of consumers for durable and non-slip tires of excellent quality. According to statistics, Dongxing Group has become the largest auto parts supplier, and “Dong Xing” tires have obtained more than 30% share of the tire market in China. 2. In the August of 2006, Dongxing Group applied for a “motor vehicle tire” design patent with the State Intellectual Property Office for a new tire product named “the Gripper”. Dongxing was granted the patent in June 2007. (Patent No. 040,088, -1- 2013 WANHUIDA-BFSU I.P. Moot Court THE PROBLEM the ’088 patent, as shown in Figures 1-1, 1-2.) Figure 1-1 Figure 1-2 3. Dongxing Group put the Gripper tire into mass production and sales. With its excellent durability and traction, the Gripper was quickly adopted as original equipment by many car manufacturers and has developed a high reputat