Landwind X7 - Range Rover Evoque Chinese copy
A dispute arose between the Rover manufacturing giant Jaguar Land Midlands and Chinese car manufacturer Landwind At this stage, Jaguar Land Rover has threatened legal action, but nevertheless the case raises important legal questions regarding the violations of intellectual property rights through the copycat production.
CEO of the company Dr. Ralph Speth, accused China of intellectual property theft car manufacturer after Landwind X7 unveiled its model at the auto show in Guangzhou at the end of last year Commentators, including Autocar Magazine, identified a striking similarity between the design and the Range Rover Jaguar Land Rover Evoque, showing its shape similar body, the configuration of lights, the design of the grille and the placement and style of its logo on the hood.
China is a big market for Jaguar Land Rover, which represents about 24 percent of annual global sales of the company with a retail price of 14 000, the X7 threaten to reduce sales of 40,000-plus Evoque.
This is not the first time Landwind a joint venture between automakers Changan Auto and Jiangling Motors Corporation was involved in controversy in 2010 CV9 model of the company was alleged to bear a strong resemblance to the Vauxhall Frontera It was withdrawn from sale in Europe after scoring only two out of five stars in European crash tests.
Copycats like these are a particularly thorny problem in China, with well-known brands such as Fiat and Dyson claims of infringement of intellectual property against the Chinese manufacturers of rapid industrial expansion in China and the historical failure to take action against domestic offenders have been blamed for the spread of infringement of intellectual property, although there is recent evidence of Chinese courts greater emphasis on the protection of intellectual property.
An intellectual property business often includes some of its most valuable assets, such as its brands and the copyright does not have adequate protection, or failing to challenge human rights violations can lead to a real copycats walk earn on the market.
A company that had copied its products by manufacturers or imitation traders could have the right to sue for.
Violation of a brand ith a name brand or another brand of commercial origin.
Passing a common law right to protect the commercial reputation of a company where a third party seeks to take unfair advantage e g using its name or selling goods in packaging that looks like.
copyright infringement in the works of creative expression such as writing, art, music, architecture, film, and even computer software.
Violation of drawings design rights relating to the appearance of an object; and or.
Violation of patent protection for an invention that gives the holder the right to a monopoly for a limited period on the technology disclosed in the patent.
While copyright arises automatically, trademarks, patents and designs should be registered if a company is to have a chance to fight against flagrant copying machines.
It remains to see how the dispute between Jaguar and Land Rover Landwind will play and if it will demonstrate a new approach by Chinese courts to punish violations of intellectual property Meanwhile, the case should serve as a reminder to companies to be vigilant about the market place for imitation products and ensure that they take measures to adequately protect their rights.
For more information on this article please contact Robert Cobley partner at Harrison Clark Ltd. Rickerbys
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