Ji'nan intermediate people's court informed the typical cases of intellectual property infringement to the infringement.
http://www.dzwww.com/shandong/sdnews/201304/t20130425_8286634.htm
public daily reporter Chen Qian Liu Junsheng
the invention patent is still "heavy disaster area"
in 2012, the number of patent applications in Ji'nan is the first in the province, which also leads to more infringement cases. According to introduction, in 2012, the Ji'nan intermediate people's court accepted a total of 823 cases of all kinds of intellectual property rights, covering a variety of types of cases, of which 283 cases of patent cases are still dominant.
the plaintiff Joyoung Limited by Share Ltd heard from the Ji'nan central court and the defendant in a patent infringement dispute of an electrical appliance company in Zhuhai, the plaintiff is a patent holder of a "easy cleaning multi-functional soy milk machine" invention patent. The defendant found that the defendant used the patent technology to produce and sell the soya bean milk machine products and sued to the court to ask the defendant to stop Tort and compensation for economic losses. According to the trial of the Ji'nan middle court, the three different types of soya bean milk machines produced and sold by the defendants all fell into the scope of the plaintiff's patent protection, violating the plaintiff's patent right to invent the patent. Considering the large scale of production and operation of the defendant, the types of infringed products and the wide area of sales, the defendant finally ordered the defendant to stop the infringement and compensate for the economic loss of 1 million yuan.
the person in charge of the Ji'nan Central Academy told the reporter that the establishment of the patent system aims to protect the interests of the people with the right of scientific and technological achievements, encourage inventions and inventions, and promote the progress and innovation of science and technology. The judicial referee of this case protects the key core technology of private listed enterprises' independent intellectual property rights, and has a positive guiding role on the technology trend of the domestic soybean milk machine industry.
"famous brand" makes the famous brand very injured
the plaintiff in Ji'nan central court, Shandong Dong'e ABA Limited by Share Ltd and the defendant Qingdao Network Information Co., Ltd. invaded the trademark dispute case, the plaintiff is the leading enterprise of the domestic Ejiao industry, the "Dong'e Abu" text and the "DONGEEJIAO" phonetic alphabet are all the plaintiffs' registration. At the same time, the plaintiff put the "DONGEEJIAO" phonetic alphabet as the official website domain name for the record, and "Dong'e gelatin" was also recognized by the State Administration for Industry and commerce as a well-known trademark. The defendant, without the consent of the plaintiff, registered the "DONGEEJIAO" phonetic trademark of the plaintiff as the main part of the domain name, and registered the www.dongeejiaoshop.com website; the defendant used the registered trademark of the plaintiff to publicize and sell the Abu products on the site. The plaintiff appealed to the court on the grounds of the defendant's violation of the exclusive right to register the registered trademark, requesting the defendant to stop the infringement, exclude the obstruction and compensate for the economic loss of more than 10 million yuan. The court did a lot of mediation work, and the two sides finally reached a settlement. The defendant took the initiative to admit his mistake, closed the infringing website, cancelled the domain name, and promised that there would be no similar infringement.
the person in charge of the Ji'nan Central Academy explains the case that a registered trademark with a market influence is used as a network domain name without the permission of the trademark owner, and the same or similar trademark is used in the process of publicity, introduction and sale of the same commodity, which is enough to cause the related public to mistake the network. The domain name, the owner of the website and the supplier of the product constitute the infringement of the exclusive right to use the registered trademark for the trademark owner.
the Ji'nan court also launched a pilot project of "three trial integration" in civil, administrative and criminal cases of intellectual property rights. The defendant, Bibi, is known to be a counterfeit Moutai, Wuliangye and other famous liquor, and is still being sold in Ji'nan registered trade company. In September 2011, the public security authorities searched out the unsold liquor from the basement of a residential area in which a total of more than 109.7 yuan was sold. The above drinks are identified as counterfeit registered trademarks. After a case was settled, the prosecution disclosed the facts of the crime. After the trial, the court held that the sale of a counterfeit registered trademark was known as a commodity with a huge amount of money, which had constituted a crime of selling counterfeit registered trademarks. Because most of the crimes in bio are not successful because of the reasons other than the will, the crime is unaccomplished, and the crimes of others are uncovered and the meritorious behavior should be punished. The court sentenced him to two years' imprisonment, three years' probation and a fine of 100 thousand yuan. The judgment not only protects the commercial interests of the exclusive right holders of registered trademarks, but also attacks food safety crimes and safeguards the normal market economic order.
administrative organs into defendant
in this typical case, there is also a case of defendant as an administrative organ.
the plaintiff, the plaintiff of the Ji'nan central court, and the defendant, the Intellectual Property Office of a city of the defendant, and the patent administrative treatment of a handicraft shop of third people, the plaintiff is the right holder of the invention patent of "photo painting and production technology", which thinks that the gold silk sticker products produced and sold by third people infringed their patent rights and were made to the party on 2 December 2011. Claims to deal with the above patent infringement disputes. Subsequently, the defendant made a decision on the administrative handling of the case and decided that the product involved did not constitute infringement. The plaintiff disagreed with the decision and appealed to the court. According to the trial of Ji'nan middle court, the defendant is in violation of the principle of patent infringement judgment when dealing with the infringement of patent infringement, and in this case, the defendant has not submitted the evidence of the specific administrative act according to law, which is not clear and the evidence is insufficient.
in addition, the defendant also has the problem of procedural violation such as overdue handling of cases. At the same time, it is considered that, if it is only to revoke the decision to deal with the non infringement of the administrative organs, and the administrative organs are slack to exercise their responsibilities and make new decisions, it is easy to cause the presumption of the establishment of the facts of this case, which has a great negative impact on the third people, and makes the contradiction more sharp, which is not conducive to the protection of the legitimate rights and interests of the patent holders. It is not conducive to maintaining fair competition in market trading order. Therefore, in accordance with the law, the decision of the defendant was withdrawn, and the defendant was ordered to make a specific administrative act within 60 days from the date the judgment came into effect.