Xinhua News Agency, Beijing, April 22nd, by wire, "Wusu" or "Bird Su"Taiwanlotterybingo? Judicial Protection of intellectual property Rights punishes cheating "Li Ghost"
Xinhua News Agency reporters Luo Sha, Feng Jiashun, Qi Qi
Have you noticed the difference between "Wusu" and "Bird Su"?
On the occasion of the 24th World intellectual property Day, the case disclosed by the Supreme people's Court has aroused widespread concern-porcelain "Wusu" beer, which has the same name and packaging, has been found to constitute trademark infringement and unfair competition, and awarded a compensation of 2.08 million yuan.
On the 22nd, the Supreme Law held a press conference on intellectual property publicity week to introduce the judicial protection of intellectual property rights of the people's courts and release a number of typical cases. Many cases involve brands and products that you and I are familiar with, highlighting the clear attitude of the people's courts in strictly protecting intellectual property rights, and also making people feel that "intellectual property protection" is not far away from them.
An electrical company in Ningbo registered "Shanghai Siemens Electric Co., Ltd." overseas and used this logo on the fuselage of the washing machine it sold. A wine company in Nanjing registered the trademark of "Lafite Manor", attached the well-known trademark "Lafite" and made false propaganda. A catering company in Shanghai used the "Michelin" logo to promote that "Michelin" means Michelin in Hong Kong.
The means of "hitchhiking" and "hitchhiking" are full of tricks, making it difficult for consumers to guard against. In these cases, the people's court severely cracked down on malicious registration, clinging to the use, confusing the market infringement, maintaining a fair and honest market competition order, so that the rights and interests of consumers can be more comprehensively protected.
Protect honest operation in accordance with the law, and strengthen the judicial protection of well-known trademarks, traditional brands and time-honored brands. In 2023, the people's court received 131429 new trademark civil first instance cases, an increase of 16% over the same period last year.Taiwanlotterybingo.85%. A total of 6634 criminal first instance cases involving infringement of registered trademarks were received and 6357 cases were concluded, up 33.45% and 24.67% over the same period last year.
It is worth noting that many intellectual property cases involve foreign enterprises. Lin Guanghai, president of the Supreme Court of Justice, said that the people's courts equally protect the legitimate rights and interests of Chinese and foreign parties in accordance with the law, promptly respond to the concerns of foreign investors about the protection of intellectual property rights, and actively create a market-oriented, legalized, and international business environment.
658 million yuan, which is the amount of compensation received by the holder of the infringement case of "melamine" invention patent and technical secret.
"the system of punitive damages shall be applied in accordance with the law to significantly increase the cost of infringement and the cost of breaking the law." Lin Guanghai said: when trying intellectual property infringement cases, the people's courts strictly punish infringement and counterfeiting, make full use of punitive damages, and ensure that the right holders receive full compensation.
It is understood that in 2023, courts across the country applied punitive damages in 319 cases, an increase of 117 percent over the same period last year, and the amount of damages awarded was 1.16 billion yuan, an increase of 3.5 times over the same period last year. Among them, the Supreme Law intellectual property Court applied punitive damages in eight cases, effectively strengthening the judicial protection of intellectual property rights in key areas, emerging industries and key core technologies.
In the "Panpan" trademark infringement and unfair competition dispute case, the people's court applied four times punitive damages in accordance with the law, and awarded 100 million yuan in economic losses and 650000 yuan in reasonable expenses in the whole case. In the "Siemens" case, the people's court fully supported the claim of 100 million yuan in compensation for the right holder; in the "Lafite" case, the people's court applied punitive damages and ordered the infringer to pay 79.17 million yuan in damages.
Lin Guanghai said that the issue of intellectual property compensation is not only a hot issue of social concern, but also a key and difficult issue in judicial practice. The people's court will sum up the trial experience in time, promote the improvement of the punitive damages system, and realize the balance and coordination between the judgment standard and the judgment result.