Patent Right Dispute Over Japanese Flag Design Ice Cream Bar.

　The ice cream manufacturer Y in Taichung applied to the Intellectual Property Office last May for the new design patent of Japanese ice cream and made an announcement on February 1, 2005.  Y indicated, they started manufacturing after obtaining the patent.  However, when seeking to establish chain stores, they found that other people have moved in on the business first and set up their franchise business all over the country.

 

Several manufacturers of the Japanese ice cream expressed, the circular-shaped Japanese ice cream bar have been in the market for one or two years.  It is hard to tell who is the inventor or who is the creator, and it does not matter so long as everybody is making money.  Besides, copying and counterfeiting patent rights belong to a civil dispute.  It will be difficult to stop others from following the suit.

 

C, the seller of “Taiwan-Japan ice cream” brought out the information that they have started selling Japanese ice cream through the Internet and door-to-door delivery service since two years ago.  They said that the circular-shaped ice has long become a design known to the public.  They are consulting their lawyer to file a complaint to the Intellectual Property Office to revoke the new design patent rights of the said ice cream bar.

 

Ever since the Patent Law was full-scale exonerated in 2003, (note: implemented on March 31) patent infringement cases have returned to civil relief procedures.  The patents must collect evidence by themselves and then file complaints to the court. (2005.4)

CYJ/CHT