Determination of Trademark Similarity:Comments on the Administrative Lawsuit Involving the Trademark of“BEYOND PETRONEUM”

The case in brief The plaintiff the BP Co.,Ltd.(the BP for short)filed with the Trademark Office two applications for registration of the trademarks"BEYOND PETRONEUM"and"超越石油"(the trademarks in suit)(the Chinese characters"超越"are equiv- alent to the English word"BEYOND"and the Chinese char- acters"石油"are equivalent to the English word"PETRONEUM")in goods of class 4 of the International Clas- sification:industrial oil and wax(raw material).The Trade- mark Office held that the two trademarks were similar to trademark No.1720395"超越矿业and device"(meaning"beyond mining industry")(reference trademark 1)regis- tered in the goods of wax used on conveying belt and trade- mark No.956456"超越and the device"(reference trade- mark 2)registered in goods of industrial grease and oil,and refused said applications.The trademarks in suit and refer- ence trademarks are shown as follows:     

Causes of Trademarks Having the Nature of Fraud

The trademark having the nature of fraud refers to a word/device constituting a trademark that is confusing e-nough to mislead the average consumers as to the quality, raw material, function, use, weight, quantity, and place of o-rigin of a product. Article 10, paragraph one (7) of the Trademark Law prohibits those having the nature of exaggeration and fraud from being used as trademarks. Evidently, "exaggerating" advertisement is not the only cause of trademark having the nature of fraud. With an analysis of two     

Establishment of Indirect/Contributory Patent Infringement in China

The act of indirect/contributory infringement of patent is relative to the act of direct infringement of patent.The con- ception of indirect/contributory infringement of patent is,to a large extent,to meet the practical need for the protection of the patent right.In practice,to avoid liability for patent in- fringement,one sometimes does not exploit all,but only some,technical features defined in a claim of a patent,or several people jointly exploit all the technical features of the claim.According to the All Elements Rule in determination of patent infringement,if an accused article does not cover all     

China English and its Implications for English Teaching in China

China English is an English variety used by native-Chinese people for communication under specific language envi- ronment. This study attempts to outline the objective existence of China English and the implications of its linguistic features for Eng- lish teaching.     

信息化水平测算方法的问题及改进

The problems existing in the method of calculating informatization level arepointed out. Three improved methods, which are used to calculate the informatization indices of Guangxi Province from 1992 to 1998, are introduced.The results show the informatization indices of Guangxi Province in 1998 are far below those calculated with the original method.     

Single Sweep Oscillopolarographic and Neopolarographic Study of Vitamin K_3

Electroreduction of vitamin K3 provides the basis for research andsensitive determination of vitamin K3.The Single Sweep Oscillopolaro-graphy and Neopolarography are used to explore the interracial and redoxbehaviours.The detection limits are 5×10~(-9) M(1.75ng/ml),4×10~(-9)M(1.41ng/ml)respectively for the single sweep oscillopolarography andneopolarography.The linear responses of polarographic peaks againist theconcentration are all 1×10~(-8)-5×10~(-5)M.Both methods are used todemonstrate the electrode process and determination of vitamin K3 inpharmaccutics and plasma with a satisfactory result.     

Possible Major S&T Breakthroughs in China over the Next Decade

<正>China’s major ST breakthroughs are ST innovations and progress with major influences on China’s ST and socioeconomic development,mainly comprising:(1)Original innovation with significant contributions to world ST advances,or pioneering major achievements in world ST development standing the test of time,or solutions to major ST problems generally recognized by ST community,or those ST achievements that open up new research directions and become international hotspots,for instance,synthetic crystalline bovine insulin,Goldbach Conjecture verification,theory of petroleum origin,and discovery of large oil and gas fi elds;(2)Key technological breakthroughs to overcome hightech barriers to trade;or those bringing about industrial leapfrog development in China;or contributing greatly to     

First Low-temperature High Magnetic Field Massbauer Spectrometer in China

CAS Institute of Physics an-nounced January 6 the suc-cessful installation of a low-temperature high-magnetic fieldMssbauer spectrometer. Theinstrument, developed by a researchteam headed by Dr. Chen Zhaohua(Zhao-hua Cheng) at the State KeyLaboratory of Magnetism, is the firstof its kind in China and there are onlya limited number of them in the world.The device can be used for thestudies of the hyperfine interactionbetween the nucleus and surround-ing electrons of magnetic particlesin s…     

Facilitating the tracing of articles in scientific and technical periodicals：aspects to be considered

van Loon，A．J.，1995．Facilitating the tracing of articeles in scientific and technical periodicals：aspects to be considered．Chinese Journal of Scientific and Technical Periodicals，1995，6(4)，p．31-34Retrieval of an artjcle is possible only after its source has been traced．Unfortunately thetracing of journal articles is often hampered by incomplete or ambiguous data provided by theauthor,or-more frequently-by insufficient indicators provided by the editor or the publisher.It is profitable for editors and publishers,however,to facilitate the tracing of the articles intheir journals;they should hold to some fundamental rules for the purpose.The rules concernprimarily the presentation of a jouranl as an entity,the presentation of single issues,and thepresentation of individual articles,with special attention for the first page of each article.Themost important aspects are indicated.     

Whether Reference View Showing State in Use May Be Used to Limit the Extent of Protection of Design Patent

For lack of relevant provisions in the Patent Law and the Implementing Regulations of the Patent Law,views are divid- ed in the community about whether or not a reference view showing the state in use may be used to limit the extent of protection of a design patent.In the practice of patent ex-     

A Comparative Study of Speaking Test and Writing Test

Part I How speaking and writing differSpeech can be broken down into pronunciation and intonation,accuracyand fluency,or it can be categorized in terms of strategies,or it can be regardedas a form of interaction and analyzed using the methods of pragmatics or dis-course analysis.The problem is that in the course of a normal conversation,allof these aspects are important.If testers try to separate out the strands,theymay well find that the ecology of speaking is different in different successf…     

New Progress in Production Technology of Chinese Galls

Scientists of the CASKunming Institute ofBotany (KIB) haveachieved a research breakthrough inthe production technology of Chi-nese Galls (Galla Sinensis), a tra-ditional Chinese medicine.Chinese galls, or wubeizi inChinese, are perhaps the most com-mon insect-related medicine inChina. It was used to remove heatfrom the lung, to arrest cough,diarrhea, excessive sweating, bleed-ing and exudation from sores. It alsohas important uses in a variety ofindustrial sectors includingmedication, pe…     

Energy-rich Plant Research in China： Overview and Prospect

I. The Urgency & Necessity for Developing Biomass EnergyEnergy sources are the mate- rial basis for subsistence and de- velopment of the contemporary society. A safe, reliable supply and efficient, pollution-free utilization of them are fundamental guarantees for the sustainable development of China’s economy as well as the in- surance for China’s national security. During the past two decades, national energy consump- tion in this country has doubled as a result of the soaring growth of …     

China＇s Manned Submersible and Deep-sea Exploration Technologies Will Achieve Leapfrog Development

<正>Since the 20th century,technologies for outer space exploration have developed rapidly,but we still know little about the deep sea on Earth."We know even less about the deep sea than the Moon or Mars",Professor WANG Pinxian from the Chinese Academy of Science once remarked.It means that we are on a relatively low level of scientif ic research about the deep sea,but it also indicates a huge potential in the f ield.1.The manned deep-sea submersible will guide the development of deep-sea exploration technologies The deep-sea exploration technology is a complicated and integrated set of high technology that involve many ST disciplines and can provide methods and instruments for the scientif ic research and resources exploration of the deep sea.It can also promote the development of a variety of general technologies and equipment concerning deep sea exploration.The technology is an essential means to detect resources in the     

Several Issues Relating to Trademark Infringement Determination: Comments on the Case of Dispute Arising from Trademark Infringement and Unfair Competition between Perfetti Van Melle Corporation and Xufuji Co., Ltd.

The Case in Brief The Perfetti Van Melle Corporation (the Perfetti Van Melle for short), an Italian company, registered three trademarks on sweets and candies in China respectively in January 1999, February 2002, and April 2002. The Perfetti Van Melle Sweets and Candies (China) Co., Ltd. (the Perfetti Van Melle (China) for short) is a sub-company set up with the Perfetti Van Melle's investment in 1994 in Shanghai, and is licensed to exclusively use the mother company's trade dress of the "阿尔卑斯(pronounced as 'a er bei si' in the Chinese pinyin system) Alpenliebe" series of milk sweets (see Fig. 4) and said registered trademarks.     

Agricultural Science and Technology Parks Initiated in China

I. IntroductionThe development of modern agriculture andrural economy and the endeavor to increase theincome of farmers have become an importanttask in Chinas effort to build a well-off societyin an all-round way. The initiation in China ofagricultural S&T parks based on S&T innova-tions provides a new organizational form andoperational platform for coping with problemsrelated to agriculture, the countryside and thefarmers.Agricultural S&T parks (ASTPs) constitutethe bases for demonstrat…     

对网络信息供给不足与过量的经济学思考

There are unsatisfied circumstances of inadequate andexcessive supplies of network infommlion.The rea-son is that some infommlion providers haven't acquired all the profits or undertaken all the costs of infommfion providing,parts of profits or costs are owned by the exterior and not by themselves, so the externalities appear. The paper points out that we can take economic measures to lighten the unfavorable effects brought by externalities, assisted by measures of law, technology and public opinion guiding.     

100 High-profile IP Cases in China（Case Briefings）

The case briefings are based on the 100 intellectual property cases pubilshed by the Supreme People＇s Court of China on November 17,2008,selected from thousands of IPR cases tried by the Chinese courts at all levels in the past 30 years since the country opened up to the outside world.     

Earliest Yet Noodles Made 4,000 Years ago in China

Noodles have been a popu-lar staple food in manyparts of the world for atleast 2,000 years, although it is de-batable whether the Chinese, theItalians or the Arabs invented themfirst. A recent study by CAS re-searchers and co-workers fromhome and abroad reveals that thepreparation of boiled noodles wasalready invented in China about4,000 years ago. The work was re-ported in the October 13 issue ofthe journal Nature.Prior to this finding, the earli-est record of noodles only appearedin a bo…