Hitachi subsidiary Hitachi Global Storage Technologies for infringing on our business for several years before by the relevant prosecution, so that foreign companies to the brink of a long-term brief statement of the law and contribute to the arrogance of arrogance, shows Chinese enterprises to protect their trademark sense of relatively indifferent.
According to November 6, "Beijing News" reported recently, Hitachi Global Storage Technologies trademarks of their hard drive using the Travelstar was identified as trademark infringement, then the business sector in Shenyang and Changsha and the hard disk of alleged copyright infringement were confiscated seizure . What is surprising is that Hitachi did not take concrete action to check with the business sector, but said in a statement, although Hitachi has removed the label of the Travelstar trademark, but refused to acknowledge its use Travelstar trademark is infringing. Meanwhile, Hitachi also said that the product is still on sale.
In general, large multinational companies such as Hitachi in foreign investment, will have to enter their country's legal to have a basic understanding, but unfortunately, in this case of trademark infringement from Hitachi, multinational companies should have Legal literacy has not been revealed.
According to China's "Trademark Law" in the relevant provisions of the trademark registration process is divided into an application, review, preliminary examination, objections review, approval, registration stages.
Preliminary approval of the trademark three months from the date of the announcement of any person may object to. Portland was a natural person will be asked to apply for registration in 2000 "Travelstar + graphics" trademark, and in 2004 its transfer to the Beijing New Technology Industry Co., Ltd. Lvzhi Xing. Asked the Council was able to successfully apply for Lan to the mark, indicating that no one raised any objection or the objection is invalid.
In 2000, the trademark registration, China's "Trademark Law" stipulates that applications for trademark registration is the first principle, as long as the first to apply for and obtain a trademark registration, you can obtain the exclusive right to the mark, others shall not use the trademark. According to the Bureau of Shenyang, said the person, Hitachi has not had the trademark registered in China. This indicates that in accordance with the provisions of our laws, Hitachi Global Storage Technologies in China do not have the right to use the mark. So how can the rights of Hitachi for New Technology Co., Ltd. Beijing Lv Zhixing industry registered "Travelstar" trademark is invalid?
Reported so far, Hitachi has yet to provide the appropriate evidence of its "no infringement" point of view. As a large multinational company, Hitachi infringement prosecution in the face, not only failed to timely review of their own behavior, or the timely provision of supporting evidence, but refused to cooperate with investigation of the business sector, with an arrogant attitude towards oversight and enforcement, contrary to MNC demeanor, but also reflects its disregard of Chinese law and ignored the Chinese market.
Meanwhile, the case also reflects the country from another perspective, the legal regulatory and law enforcement deficiencies. Chinese enterprises to go abroad when the trademark is often subject to audit and other countries multi-channel strict censorship; the entry of foreign capital in China has for far too inclusive. Integration in the global economy today, this pattern so many Chinese enterprises suffer unfair treatment.
In early 1999, Hisense trademark in the "HiSense" trademark is well-known in China as 6 days after the World Expo - Siemens in Germany had the same bad faith registration of trademarks, the European Union have since been registered and the Madrid Agreement / Protocol, the international registration, the The result is Hisense's products blocked in the way the EU market. Although Hisense Group also made various efforts and deal with, but due to restrictions on local law and eventually had to Expo - Siemens compromise.
By contrast, Hitachi subsidiary Hitachi Global Storage Technologies for infringement in China a few years after operation, only to be prosecuted, so foreign companies to the brink of a long-term brief statement of the law and contribute to the arrogance of arrogance, shows Chinese enterprises to protect their trademarks awareness of Chinese enterprises is still relatively light security should be recognized that the indulgence of the foreign-funded enterprises, in fact, means that their basic rights are seriously violated.
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