Trade mark protection tested by case
By Liu Li (China Daily)
Updated: 2004-07-01 01:27

Peter Rabbit is at the centre of a lawsuit that may test the longevity of trademark protection.

Last year, the Chinese Academy of Social Sciences Press published four Peter Rabbit books.

In May, 2003, shortly after publication, the Frederick Warne Co Ltd filed a complaint against the Chinese press, claiming the books violated its registered trademark.

Industry and commerce authorities agreed, saying the publication violated the Peter Rabbit trademark. The Beijing Municipal Industry and Commerce Administration confiscated more than 23,500 copies last August and fined the press 357,600 yuan (US$43,200).

On Wednesday, however, the press hit back and sued not only the Xicheng District branch of the Industry and Commerce Administration but also the owner of the Peter Rabbit trademark.

In a case that started Wednesday at the Beijing No 1 Intermediate People's Court,the press said a running rabbit featured on the books is used for book name and design purposes, and not as the trademark.

"Thus it is not trademark infringement as prescribed in the Trademark Law," the lawsuit by the press claims.

The press said it obtained legal copyrights from the Chinese translator of the Peter Rabbit books in March last year.

In another twist, however, the press also says copyright protection only extends for 50 years after the death of the author.

Peter Rabbit was created by the late American writer Beatrix Potter, who died in 1943.

Potter created 19 Peter Rabbit serial stories and painted the illustrations.

The press said the Peter Rabbit stories and pictures have now entered public domain in China and anyone can translate and publish them freely.

As a result, the press asked the court to call for the confiscated books to be returned and the fine rescinded.

No decision was made Wednesday after the first hearing.

The press also sued the English company that claimed to own the Peter Rabbit copyright.

In a similar argument, the press said it did not violate the English trademark.

Sources with the Xicheng Branch of the Beijing Municipal Industry and Commerce Administration said the seizures and fine were imposed according to the Trademark Law.

"The decision is right and the evidence is irrefutable," Sun Guiru, director of the branch's Intellectual Property Right Department, said Wednesday.

The trademark of a running rabbit logo was registered by the Frederick Warne in 1994 and the validity of the trademark extends to October this year, according to the defendant.

"Thus the press used the logo in its books without permission by the English company and therefore violated the trademark right of Frederick Warne," Sun said.

English Frederick Warne said they do not intend to monopolize Peter Rabbit works by owning of trademark right.

"If our registered trademark and other interests are not infringed, we will not interfere with anyone who publishes art works that have already entered the public domain," Zhang Zaiping, the company's lawyer, said Wednesday.

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