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The Ministry of Commerce stated that: Chery has not copied General Spark design
Zhang Zhigang, director of the Office of the State Intellectual Property Protection Working Group and deputy head of the Ministry of Commerce, addressed a press conference held by the Information Office of the State Council this morning. He stated that the U.S. General Motors Corporation's claim that its SPARK model was infringed by Chery's QQ model could not be substantiated under Chinese law, based on the evidence provided by the foreign party. According to Zhang, there is no legal basis to classify Chery’s actions as unfair competition.
Despite this, both parties agreed to continue communication after coordination by relevant government departments. Zhang emphasized that disputes should be resolved through judicial channels and mediation mechanisms.
Meanwhile, Zhang Qin, an official from the State Intellectual Property Office, also commented on the matter. He noted that the office is closely monitoring the situation, as it involves design patent issues. According to current information, GM acquired a design from South Korea’s Daewoo, which predates the QQ model. However, upon checking, it was found that Daewoo had not applied for a patent for that design in China. Therefore, according to Chinese and international patent laws, this design does not hold legal protection in China.
Zhang Qin further clarified that unless GM can provide clear evidence showing how Chery obtained illegal information from the SPARK model, the infringement claim cannot be established. Simply having similar appearances is not enough to prove infringement. At the same time, the office expressed hope that GM would provide more detailed information so that they could better understand the case and make an informed judgment.