Bayer’s Trademark Dispute Mediated in Henan

Bayer AG, one of the top five hundred enterprises in the world, attaches great importance to its IPR development. In 2009, a small private enterprise in Henan province (China) tried to establish reputations in Chinese pharmaceutical market by passing off its medicine as Bayer’s products. In response to this passing-off, Bayer brought a lawsuit in front of the Zhengzhou Intermediate People’s Court against the defendant for trademark infringement and unfair competition, requiring that the defendant cease the infringement immediately, apologize and pay 1 million yuan for damage as well as 100,000 yuan for investigation fee. Having gone through two trials, this dispute was successfully mediated by Henan High People’s Court recently. It is reported that this case is the first major foreign-related IP dispute mediated in Henan, which is also highly appreciated by the German Embassy in China.