Chinese car companies have often been alleged for making copies of design features of global automotive giants. Some well-known products worldwide have often seen the copy of their products being offered within the Chinese market, which has often led to strong litigation. However, while specifications of all of these cars may be different from others, design similarities are also often seen as an infringement of intellectual rights.
Recently, in 2021 Shanghai Motor Show, a Chinese electric car manufacturer unveiled its Ora's Punk Cat EV electric vehicle which in the first few glances, from almost every angle, was similar to Volkswagen Beetle. Ora is a brand owned by China's Great Wall Motors. Except for its four-door, the outer body is almost totally identical to the design of the iconic Beetle.
Interestingly, the company has patented two four-door vehicle designs in China and the European Union's Intellectual Property Office! The two designs were sent to the European office on June 3rd. On the 11th, the brand was granted “exclusive rights in all the European Union’s the Member States.
One of the designs sent to the European Union’s intellectual property office is similar to the Punk Cat displayed at the Shanghai event; the similarity in the round chrome headlamps, sharply flared wheel arches, circular rearview mirrors, bulging front, and rear bumpers, plus a curved rear section and oval lights. But, the second model has even more similarities with the Volkswagen Beetle, via the same historical layout and exterior.
Figure 1: Design comparison of Ora Punk Cat and Volkswagen Beatles
One of the notable differences is that the body has installed the rear doors (different from the “two-door style” of the original). Even so, the result is very similar to the prototype of the Beetle with four doors that Volkswagen came to develop decades ago, but that ended up giving rise to Golf.
On the filing pages in the European Union Intellectual Property Office, Great Wall Motors did not refer to the classic designers (Ferdinand Porsche or Volkswagen). In contrast, the automaker acknowledges the creation of the model to 11 Chinese specialists occupied in the project!
Volkswagen has not commented yet on the registration of patents in a European environment! At the time of the Shanghai Motor Show, Volkswagen stated in a note to the website Carscoops that would go to court against the Chinese company. “We check this issue about any violations of Volkswagen AG's utility model or design rights, and we reserve the right to take all necessary legal action”. Although the designs were granted to the European Union, the legal authorization expires in five years and can be renewed for a maximum of 25.
It should be noted here that suing a Chinese trademark for copyright infringement is an extremely difficult effort and consumes a lot of time, money, and the risk of retaliation. That's because, if the local company has the support of the Chinese state, it means that Volkswagen Group's business in China may suddenly face complicated obstacles, and the German company may not want that kind of hassle