2009~2010 1st Semester Final Test of General Courses Given in English Chinese Intellectual Property Protection 姓名中文： 同济大学注册学院 Name Chinese SchoolCollege of Tongji University registered in 英文： 学号 English Student ID 国籍： 性别 Nationality Sex Attention:Please finish the test and send it to ztl@tongji.edu.cn before the deadline(14th, Jan.2010). 1.The outlet shop"Foxtown"located in Shanghai downtown is operated by a Shanghai local company.The company name and trademark of"Foxtown"was registered in China in 2003 together with a logo of the figure of FOX.In March 2005,the outlet operator Foxtown from Switzland(not registered in China)sued Shanghai Foxtown for trademark infringement and the S caimed that“Foxtown rorld well-knd brand/trademark and therefore should be protected in China,as China has signed Madrid Agreement and is a member of Paris Convention for the protection of IP right,it should reject the registration of the trademark or prohibited the use of the trademark which is similar or same to a foreign trademark already well-known in China.Secondly,the Swiss company claimed that Shanghai Foxtown has copied the design of Fox figure and infringed their c 0 right.The Swiss company claim for 1 Euro compensation and prohibited the use of "Foxtown"by Shanghai company and further prohibited the use of the fox figure. 6 The Shanghai Foxtown argued that the Name "registered in various countries for different products and has no link to Swiss"Foxtown":the figure of Fox is a public well--known design and does not contain“innovative”,“art--looking”,anybody can use the Fox figure as a logo.The most key issue is that,in the past few years,Shanghai Foxtown has invested millions of Chinese Yuan in national media like newspaper,broadcast, 2009~2010 1 st Semester Final Test of General Courses Given in English Chinese Intellectual Property Protection 姓名 中文： 同济大学注册学院 Name Chinese School/College of Tongji University registered in 英文： 学号 English Student ID 国籍： 性别 Nationality Sex Attention: Please finish the test and send it to ztl@tongji.edu.cn before the deadline (14th , Jan. 2010). 1．The outlet shop “Foxtown” located in Shanghai downtown is operated by a Shanghai local company. The company name and trademark of “Foxtown” was registered in China in 2003 together with a logo of the figure of FOX. In March 2005, the outlet operator Foxtown from Switzland (not registered in China) sued Shanghai Foxtown for trademark infringement and copyright. First, the Swiss company claimed that “Foxtown” is a world well-known brand/trademark and therefore should be protected in China, as China has signed Madrid Agreement and is a member of Paris Convention for the protection of IP right, it should reject the registration of the trademark or prohibited the use of the trademark which is similar or same to a foreign trademark already well-known in China. Secondly, the Swiss company claimed that Shanghai Foxtown has copied the design of Fox figure and infringed their copy right. The Swiss company claim for 1 Euro compensation and prohibited the use of “Foxtown” by Shanghai company and further prohibited the use of the fox figure. The Shanghai Foxtown argued that the Name “Foxtown” is already registered in various countries for different products and has no link to Swiss “Foxtown”; the figure of Fox is a public well-known design and does not contain “innovative”, “art-looking”, anybody can use the Fox figure as a logo. The most key issue is that, in the past few years, Shanghai Foxtown has invested millions of Chinese Yuan in national media like newspaper, broadcast