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Zhang Zhigang, director of the Office of the State Intellectual Property Protection Working Group and deputy head of the Ministry of Commerce, said this morning that the US General Motors Corporation’s infringement of the exterior design of its SPARK model by China’s Chery QQ model was incapable of identifying Chery in accordance with Chinese laws and evidence provided by the foreign party. The company’s infringement issue cannot be considered as an unfair competition act of Chery’s company.
At the press conference held by the Information Office of the State Council, Zhang Zhigang said that even so, the two parties still agreed to contact each other after coordination of relevant departments. It is suggested that both sides resolve disputes through judicial channels and mediation mechanisms.
Mr. Zhang Qin, an official of the State Intellectual Property Office, also stated on the same occasion that we are also very concerned about QQ, because it involves the issue of design patents. According to what we know now, GM acquired a design that preceded QQ's design by acquiring a company from South Korea's Daewoo. We found through search that Daewoo's design did not apply for a patent in China. In this sense, according to the laws of China and other countries, this technology does not have patent rights in China and is therefore not protected by law.
Zhang Qin also said that unless GM can provide conclusive evidence of what kind of illegal information Chery obtained through SPARK's data, the infringement can only be established. Just based on the appearance of similar does not constitute infringement. Of course, we also hope that GM will provide us with more information and let us further understand the details.
The Ministry of Commerce stated that: Chery has not copied General Spark design