Ji'nan announced the sale of one of the top 10 intellectual property cases
source: Xinhua News Network Shandong reporter Lei Xincheng Chen Shang Ying
Ji'nan intermediate people's court held the 4 and 26 World Intellectual Property Day 23 day, and published 10 typical intellectual property cases, which were concluded and entered into force in 2013. Among them, a catering company in Ji'nan was sentenced to compensate the plaintiff Limited by Share Ltd Moutai liquor Limited by Share Ltd for economic losses of 50 thousand yuan because of the sale of fake Moutai. According to the intellectual property court of the Ji'nan intermediate people's court, the plaintiff, the plaintiff of the Guizhou Moutai Limited by Share Ltd and a catering company in Ji'nan, in the case of infringement of the exclusive right to exclusive use of the registered trademark, the plaintiff is the exclusive licensee of the "Moutai" series trademark, which bought a bottle of 53 in the operating place of a catering company of the defendant in Ji'nan. Guizhou Moutai wine, after identification of the product and the plaintiff's genuine products in a number of anti-counterfeiting measures are different from counterfeit products, and the defendant is required to compensate the defendant for economic losses. The defendant argued that he had a source of purchase and did not know that it was a counterfeit product, so he should not be liable for compensation. According to the trial of Ji'nan middle court, the defendant, as a catering enterprise with a certain market influence and a number of branch stores, has neither written contract nor checked or censored the relevant formalities and qualifications of the supplier of Moutai liquor in the purchase of Moutai wine, and the subjective fault is not in conformity with the exemption from infringement. Finally, the defendant was awarded 50 thousand yuan for the plaintiff's economic losses. Wang Yun, vice president of the intellectual property court of the Ji'nan intermediate people's court, said that the case reminded sellers to pay reasonable attention to the purchase channels of the goods sold, especially for the examination of the supply channels for high-end consumer goods, which should be more cautious and strict. Only after the seller has fulfilled the corresponding standard transaction and reasonable duty of care, he will still be free from the liability of compensation if he still does not know that he is infringing the product. The president of the intellectual property court of the Ji'nan intermediate people's court, Tian Yue said, in the 1109 cases of intellectual property rights accepted by the two level court of Ji'nan in 2013, there were a variety of cases, prominent prominent cases, and the increasing characteristics of well-known brand cases and new and difficult cases. Among the types of cases, the number of copyright cases is prominent, which has increased significantly compared with last year; the three traditional intellectual property cases of patent, trademark and copyright still dominate, accounting for 95.3% of the total number of cases.