90 per cent tort in intellectual property disputes
On the morning of 5 march, the people's court of gao novo held a press conference on the state of judicial protection of intellectual property rights, which provided an overview of judicial protection of intellectual property rights and 10 typical cases。
Case 1
The player sets up a game for profit
In march 2021, sun tsai, a resident of gao xing district, was a “player” trying to make money using the adventure island game developed by a technology company。
Within a few days, sun was in partnership with others, using game codes, setting up servers and operating the personal clothes of the guardian adventure island game。
Subsequently, zhao chiu joined in the operation, the two were assigned responsibility for the maintenance of the server, the promotion of games, and the full value of the player; zhao chiu and others were responsible for leading the player in the game。
During the year, sun and zhao illegally collected more than $844,000 from players, of whom one score was $336,000 and nearly $130,000; zhao received more than $172,000 and the other earned more than $162,000。
In december 2022, a technology company called the police when it discovered the problem and sun and zhao were captured。
It has been established that there is a substantial similarity between the game client of the guardian adventure island and the game client of adventure island, a technology company。
After the incident, sun and zhao paid compensation for the economic losses of the injured company and obtained an understanding from the other party。
After hearing the people's court of gao xinxing, the two defendants were found guilty of violating copyright by reproducing the distribution of computer software without the permission of the author, in particularly serious circumstances。
He was sentenced to three years' and three years' probation, respectively, of shun chiu and zhao, with a fine of 150,000 yuan and 50,000 yuan respectively; the proceeds of the offence were recovered and handed over to the state treasury; the instruments of the crime were confiscated and other items were dealt with by the seizure authorities in accordance with the law。
The trial of the fake electromagnetic furnace
Case 2
Operators used trademarks to produce electrical appliances
Iwai, an operator of a company in guangdong, in 2022, when he came to the jubilee development business, met with li xiao, a company operating equipment (other cases), who negotiated with iwa to make electromagnetic stoves for him by impersonating the trademark of liaoning's cooking company。
When iwa promised, the electromagnetic stove was on the market because it was cheaply sold, and iwa provided lee with 82 fake magnetic stoves for a total of $264,000。
The factory found someone impersonating the trademark and called the police and iwa was captured。
In march 2023, the supreme new district people's court found that the use of the same trademark on the same commodity without the permission of the registered trademark owner was particularly serious and that its conduct constituted the offence of false registration of a trademark。
He was sentenced to three years ' probation and a fine of $200,000。
Analysis
90 per cent of violations
In addition to the above cases, president jabba of the civil chamber also reported 10 typical cases, such as the case of the violation of the trademarks of “swan” lubricating oil, and the case of the violation of the trademarks of the “paper brigade”。
It is known that in 2023, the people's courts of the high new territories received 100 cases of various types of intellectual property rights。
Of these, 83 were civil cases, 99 were closed (including old ones), 96. 11 per cent were closed, 100 per cent were closed within the statutory limits and 90 per cent were torts in intellectual property disputes closed。
What are the characteristics of intellectual property cases
The vice-president of the people's court of gao xinxiang, wei xian, analysed the three main features of intellectual property cases, namely, the high level of internet-related cases, the large difference between the amount claimed and the amount awarded, and the fact that most of the victims of violations were local small and medium-sized enterprises and self-employed persons。
Prevention
Strengthening advocacy for the rule of law on intellectual property
How can such cases be reduced
Wei xin said that the first step would be to significantly strengthen advocacy on the rule of law in intellectual property rights, to create innovative communication vehicles and forms, to organize joint, multi-layered, multi-form integrated intellectual property protection campaigns and to focus awareness campaigns, and to effectively increase the radioactivity of intellectual property justice。
At the same time, it has produced a series of examples of influential examples, which have been published in a timely manner to enhance the credibility of the judicial protection of intellectual property rights; it has been possible to use judicial advice to facilitate the timely closing of loopholes in the relevant sectors or industries, to further enhance the social impact of trials and to help create and optimize an honest, fair and orderly market environment and business environment。
Lu gyeong-eun, media reporter for the day of the jubilee: zou shaan, photo by the court
