The S&F law blog

July 9, 2009, 10:13 am
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www.sflaw.cnFollowing a ten year dispute between Shouthwest Pharma Co. and F. Hoffmann-La Roche AG, as well as both an intermediate and high court hearings, the Supreme People’s Court affirmed Southwest Pharma’s trademark right to Sanlietong.

In 1992, after the end of a five-year partnership between the two firms in which Southwest Pharma was allowed to manufacture Roche’s Saridon painkillers, Southwest Pharma filed a trademark registration for Sanlietong to the Trademark Office. Sanlietong, however, bears the same Chinese characters as Roche’s Saridon trademark, and consequently, Roche opposed Southwest Pharma’s trademark registration.

The Supreme Court confirmed even though Sanlietong and Saridon have the same Chinese characters, Sanlietong trademark was not registered prior to Southwest Pharma’s registration. Consequently, Southwest Pharma properly registered Sanlietong and Roche has no ability to challenge the trademark right.

Source: China IP News