ARTICLE · 26 APRIL 2016

Chinese Court Sends 3N Packing

ENS

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A Chinese court recently ordered a Chinese company that had blatantly infringed one of the world's better known trade marks to pay significant damages to the trade mark owner.

South AfricaIntellectual Property

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A Chinese court recently ordered a Chinese company that had blatantly infringed one of the world's better known trade marks to pay significant damages to the trade mark owner. African companies that have heeded their lawyers' advice and registered their trade marks in China should take heart from this.

The facts in this case are simple. The 3M Company has two Chinese trade mark registrations for the trade mark 3M. These registrations are in class 17 and they cover "thin sheets or strips made from retro-reflective materials" and "retro-reflective plastic film other than for packing (to improve and boost visibility and safety)". A subsidiary, 3M China Ltd, is a licensed user of the trade marks, and it has been manufacturing and distributing 3M vehicle retro-reflective marking products in China since 2004.

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