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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 hosted 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’s exterior design 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, the issue of infringement raised by GM does not qualify as an act of unfair competition by Chery.
Despite this, Zhang noted that both parties have agreed to continue communication following coordination by relevant government departments. He emphasized that disputes should be resolved through legal channels and mediation mechanisms.
Mr. Zhang Qin, an official from the State Intellectual Property Office, also spoke at the same event. He mentioned that the office is closely monitoring the situation involving the Chery QQ, as it pertains to design patent issues. According to current information, GM acquired a design from South Korea’s Daewoo, which predates the Chery QQ’s design. However, upon checking, it was found that Daewoo’s design had not been patented in China. As a result, under Chinese and international laws, this design does not hold patent protection in China.
Zhang Qin further clarified that unless GM can present clear and conclusive evidence showing how Chery obtained illegal information from SPARK’s data, the claim of infringement cannot be established. He stressed that mere similarity in appearance is not sufficient to prove infringement. At the same time, he expressed hope that GM would provide more detailed information so that the matter can be fully understood and properly assessed.