“KI-PUMP SENTINEL” successfully registered as artwork and trademark

At the Asia North Digitization Summit at the end of 2022, Mr. He Jun (the author of the artwork of “KI-PUMP SENTINEL” and the Regional Executive Officer of KSB Asia North), signed a Statement on Work for Hire, officially granting the copyright of the artwork to KSB Shanghai for its subsequent application for registration.

 “KI-PUMP SENTINEL” artwork uses KSB blue as its theme color, and its main body consists of the figures 0 and 1, presenting as a sentinel with a gun in his hand. The figures 0 and 1 represent the underlying digital structure of the software development of the “KI-PUMP SENTINEL” digital platform, and the image of the armed sentinel represents that the “KI-PUMP SENTINEL” digital platform will guarantee the normal operation of pumps with its algorithm and software. The design of such artwork not only reflects the product concept of the “KI-PUMP SENTINEL” digital platform, but also demonstrates modern aesthetics.

In addition to seeking copyright protection, since 2022, KSB Shanghai has filed to China National Intellectual Property Administration (“the CNIPA”) applications for registration of its core trademarks including “凯泵卫士” and “KI-PUMP SENTINEL”. So far, such core trademarks have been approved to be registered under certain classes of goods and services including Classes 9 and 42.

KI-PUMP SENTINEL is a full life cycle health management software for rotating equipment independently developed by KSB. With its various functions including status detection, early warning, potential fault diagnosis and RUL prediction, as well as effective maintenance recommendations, it helps the customers to conduct maintenance in a more efficient, reliable and economical manner.

The successful registration of the “KI-PUMP SENTINEL” artwork and “KI-PUMP SENTINEL” trademarks indicates that KSB Shanghai attaches great importance to the protection of the intellectual property rights in its “KI-PUMP SENTINEL” digital platform. In addition, such registration affords exclusive protection to such artwork and trademarks, that is, no individual or entity may use them without the authorization of KSB Shanghai.

KSB Shanghai will continue to fully protect the intellectual property rights in and promote brand building of the “KI-PUMP SENTINEL” platform, so as to facilitate its prosperous development.

Legal Tips:

1.According to the Trademark Law of the People’s Republic of China (“Trademark Law”), registered trademarks are trademarks approved by the CNIPA for registration, including goods marks, service marks, collective marks and certification marks; a trademark registrant shall have the exclusive right to use his/her/its registered trademark, which is protected by laws. The term of a registered trademark shall be ten years, commencing from the date of approval of its registration. A trademark registrant who intends to continue to use a registered trademark upon expiry of its term may apply for renewal in accordance with relevant provisions.

2.According to the Trademark Law, any of the following acts shall be deemed as an infringement upon trademark:

  (1) Using a trademark identical to the registered trademark on goods of the same class without the consent of the trademark registrant;

    (2) Using a trademark similar to the registered trademark on goods of the same class, or using a trademark identical or similar to the registered trademark on similar goods, which easily causes confusion, in either case without the consent of the trademark registrant;

  (3) Selling goods infringing upon the exclusive right to use the registered trademark;

 (4) Forging or manufacturing without authorization labels of the registered trademark, or selling the labels of the registered trademark that are forged or manufactured without authorization;

 (5) Changing the registered trademark and putting goods bearing new trademark into the market without the consent of the trademark registrant;

 (6) Intentionally facilitating any infringement, or assisting others in infringing, upon the exclusive right to use the registered trademark; and

 (7) Otherwise causing damage to the exclusive right to use the registered trademark.

For any infringement upon the exclusive right to use a registered trademark, the trademark registrant may file a lawsuit before the competent people’s court, or resort to the competent administration for industry and commerce for enforcement. The administration for industry and commerce shall have the authority to investigate any such infringement and impose punishment in accordance with laws; in the case of suspected crime, the case shall be promptly transferred to the competent judicial authority for prosecution in accordance with laws.

3.According to the Copyright Law of the People’s Republic of China (“Copyright Law”), “works” shall refer to ingenious intellectual achievements in the fields of literature, art and science that can be presented in a certain form, including without limitation: written works; oral works; musical, dramatic, folk, choreographic and acrobatic works; art and architectural works; photographic works; and audiovisual works. Copyrights shall include moral rights such as the rights of publication, authorship, alteration and integrity, and property rights such as the rights of reproduction, distribution and dissemination via information network. For any work of an incorporated or unincorporated organization, and any work for hire the copyrights (other than the right of authorship) in or to which are owned by an incorporated or unincorporated organization, the protection period for its right of publication shall be 50 years, ending on December 31 of the 50th year after the completion of the work, and the protection period for its property rights shall be 50 years, ending on December 31 of the 50th year after the first publication of the work; provided that if such work is not published within 50 years after its completion, it shall no longer be protected by the Copyright Law.

4.According to the Copyright Law, any reproduction, distribution, compilation or dissemination to the public via information network of any art work without the consent of the copyright owner shall be deemed as an infringement upon such art work.