Henan journalist, gop
Today is the 18th world intellectual property day, and yesterday zhengzhou central court published some typical cases of intellectual property protection, including many well-known businesses in henan province, including yutsu and south street。
Why did henan become a plaintiff? The same reason - the preservation of intellectual property rights。
Case
A messenger from woo-hong
We'll leak client information to our classmates
Two men were convicted of stopping the abuse
It has been through its 400 call system to receive calls and advice from clients, to return to clients, to obtain customer information and to compile customer lists。
A staff member of one of suichi's departments, chase 400 to the system, signed a confidentiality agreement with suichi before taking up duty。
One of sioux's classmates, li ho hoon's family members, took photographs of him on his cell phone and sent him more than 300 copies of customer information and notebooks from the system。
The information was then used by one of li's or his companies to communicate and deal with their customers。
At first instance, the court found that the two men had violated chase's business secrets and acted in an unjust competition, ruling on their cessation of the violations and compensating him for the financial loss of $110,000. Li has appealed, second instance upheld。
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How do we know business secrets
A series of forensics is crucial
The president of the joint chamber for intellectual property rights of the central court of zhengzhou said that the case was typical of cases involving the identification and protection of commercial secrets。
In general, the complexity of the evidence of trade secrets, the difficulty of finding them and the difficulty of hearing them, particularly as to whether a customer's list could constitute a business secret, have been a problem for the parties。
She stated that the case involved a more detailed, comprehensive and specific analysis of the composition of business secrets in terms of the formation of customer lists, the content of customer lists and the confidentiality measures taken by the plaintiff, which provided some guidance for the consideration of cases of this type, as well as better guidance for the parties on the protection of commercial secrets on customer lists。
Case
"the beijing psychic noodle"
Made and sold by other enterprises
The south street village reported abuses
The beijing noodles of the “south street village” and the “sang song” are no stranger。
From 1991 to 2013, the beijing noodles produced by the south street village company were awarded several honorary titles and recognized as a well-known trademark in henan province。
An honest person company in the same area is a company that produces and sells, without authorization, a convenient front marked by the words “beijing spicy noodles”。
The court held at first instance that the “beijing noodle” enjoyed by the south street village company was a well-known commodity. The use of the word “beijing noodle” in convenient overpacks produced by honest persons, as an enterprise producing easy surfaces in the same area, can lead to confusion among the public concerned and constitute undue competition。
In the first instance, the court decided to stop the infringement and to compensate the south street village company for its economic losses of $80,000. An appeal was lodged by the company of the honest and the parties to the second instance reconciled。
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I found my brand impersonated
Watch out for the time of sale, the object of sale, etc
Zhao jian liang stated that, since the distinctive names of well-known commodities were not protected by trademark law, their determination should be considered primarily in terms of whether the claimant had reached a “known” level through the use of trade-specific names。
In her view, in such cases, the court should take into account the timing of the sale of the goods, the area of sale, the amount of sale and the object of sale, the duration and extent of the publicity, and the comprehensive determination of the protection of the well-known goods。
In her view, the purpose of protecting the distinctive name of a well-known commodity was to maintain a good market business order, to protect the good business reputation of the producer and seller of the well-known commodity, to enable the public to recognize the prominence and uniqueness of that well-known commodity and to make it easier to distinguish between other goods, and to effectively prevent unfair competition in the market。
