A few days ago, the Foshan Intermediate People’s Court released the “Intellectual Property Judicial Protection Status (2023)” White Paper and Top Ten Top Ten Typical Cases to systematically introduce the work measures and results of the Foshan Court in the judicial protection of intellectual property in the past year.
Since 2023, the Foshan Court has conducted unified managing management of intellectual property civil rights, administrative, and criminal cases, and comprehensively carried out the “three -in -one” reform of intellectual property trials to protect and stimulate innovative vitality to provide more solid development for Foshan’s high -quality development.Powerful judicial protection.Throughout the year, 8,000 intellectual property cases were concluded, including 7,882 civil cases, 111 criminal cases, 7 administrative cases, and 100.62%of the harvest ratio.
Diversity resolution and mediation of intellectual property disputes
The case has declined significantly for two consecutive years
The white paper shows that in 2023, the Foshan Court received 7,951 new intellectual property cases, a decrease of 21.46%from 2022 and a 48.90%decrease from 2021.
Among them, the Foshan Court has reasonably determined the compensation standards to guide the development of commercial rights in the direction of health, and the new copyright collection cases mainly based on commercial rights have decreased by 1,685 cases.In addition, the Foshan Court has continuously improved the diversified resolution and mediation mechanism of intellectual property disputes. In 2023, a total of 6,870 cases of mediation mechanisms were used through copyright disputes.849 cases of administrative and social organization forces.
Judicial and administrative power
Build a new pattern of protection of intellectual property full chain protection
The White Paper shows that in 2023, the Foshan Court strengthened brand protection and handled intellectual property disputes from many well -known brands such as Haier Group, Haitian Company, Mona Lisa Group.Top ten cases of property rights protection.In response to issues such as “difficulty in proof” and “high rights protection costs” in the case of intellectual property infringement, the Chancheng Court issued the “Guidelines for the Civil Litigation of Intellectual Property Rights Civil Litigation of the People’s Court of the Chancheng District of Foshan” to strengthen the guidance of proof and improve the knowledge of parties and litigants.Property right evidence ability.In order to reduce the burden on the proof of the right holder, the Foshan Two Court issued a total of 168 investigation orders and investigation letters.
According to the White Paper, the Foshan Court has further promoted the “three -in -one” of intellectual property trials by optimizing the layout of intellectual property jurisdiction, unified discretion standards, improving internal and external communication and collaboration mechanisms, and strengthening trial power.Large, filing information inquiry, and evidence collection survey and other green channels, continuously improve the organic connection of administrative law enforcement and judicial protection, build a comprehensive intellectual property trial system with resource optimization, scientific operation, and fair and efficient intellectual property rights, and better improve the comprehensive effectiveness of intellectual property protection.
Typical Case
1. Degao (Guangzhou) Building Materials Co., Ltd. claims Foshan Shunde District Industry Building Materials Co., Ltd., Guangzhou Meishijian Building Materials Co., Ltd. and other infringement of trademark rights and unfair competition disputes
[Basic Case Situation] Industry -based company and Mideajian Company used the use of the complaint product and advertising promotion of production and sales to use the complaint “Degao Meile” and other behaviors to constitute trademark infringement and unfair competition.Its behavior constitutes infringement.
After hearing, the Foshan Court believed that the foundation company promoted its brand Degaomei Yile in June 2010 in the official website and WeChat public account. Its annual sales in 2017 were 200 million yuan, dealers across the country,There are more than a thousand, and the photos taken by Baidu Maps and Gaode Maps and the photos taken by Meituan Takeaway Rider also shows that the company has multiple franchisees across the country, showing that its infringement is large.
Industry -based companies apply for multiple trademarks containing “De Gao”, “De Gao Mei Yile” and maps. The foundation company and the US -Jianjian Company also applied for multiple packaging box design patents with infringement logo, subjective maliciousness and malice infringement, infringement, subjective maliceObviously; the civil judgment of Meijian Company continued to implement the infringement after the civil judgment of the previous case took effect, constituted repeated infringement; after the court was ordered to submit the financial account book, the foundation company and the US -Jianjian company only submitted a small amount of sales contracts to refuse to submit the financial account book;After the court issued a lawsuit ruling, the foundation company and the US -Jianjian Company continued to implement infringement.The Foshan Court comprehensively considered the above -mentioned factors, and ordered the company’s foundation and US -Jianjian Company to compensate 8 million yuan.
[Typical significance] The case considers that the infringer was deliberately obvious, the scale of infringement was large, and there were factors such as repeated infringement and refusal to perform the behavior of the court’s behavior.Strong signal of value.When determining the compensation of intellectual property damage, the court adheres to strict protection and coordinated proportions, considering the actual market reality, and adapting the intensity of the protection of trademark rights. At the same timeCompensation, the balance between the interests of the right holder and the public interest.The case was selected as the top ten cases of intellectual property protection of the China Foreign Investment Enterprise Association’s High -quality Brand Protection Working Committee.
2. Diste (China) Co., Ltd. complained to Feng Mou and Chen to infringe on trademark rights disputes
[Basic cases] Feng and Chen were sentenced to fake registered trademarks for the registered trademark of Dissert Company for production and sales of counterfeit Diste Company.After the criminal case was made in criminal cases, Diste filed a civil lawsuit, requesting that Feng and Chen had stopped infringement and compensation for losses.
After trial, the Foshan Court has found the value of counterfeit registered trademark clothing based on the criminal judgment, and considers Diste’s trademark value.Large, bad in nature, and long duration; Feng and Chen have been punished by factors such as fines, or ordered Feng and Chen to compensate Diste’s economic loss and reasonable costs of 110,000 yuan.
[Typical significance] As the Foshan Court further promoted the reform of the “three -in -one” mechanism of intellectual property trial in 2023, the number of cases of crosses and crosses of civil and public banks gradually increased.The case belongs to the crime of civil and public.The case determines the amount of compensation based on the fact that the facts of the criminal case are found in the first criminal case, which reduces the liability of the right holder to the proof of the defense damage compensation.The advantage of “three -in -one”.
3. Taizhou Haida Plastic Packaging Co., Ltd. v. Foshan Chancheng District Hangyiqiu Department Store to infringe the right to trademarks and unfair competition disputes
[Basic Case] Haida found that a number of people with goods in the Douyin platform are marked with the “Haida Company” logo on the sealed fresh -keeping bag displayed by the video display, and the merchant attached to the shopping link attached to the video is Airlines.The online store of Yiqiu Commercial Bank; Hang Yiqiu Department Store also showed the above -mentioned videos of the above -mentioned goods.Although Haida Company claimed that the products sold by Hangyi Autumn Commercial Bank did not use Haida’s trademarks, the products in their stores and goods displayed by the goods were marked with the trademark of Haida Company, which constituted trademark infringement, and alsoConstituted improper competition.Hang Yiqiu Commercial Bank argued that the behavior of bringing goods with goods has nothing to do with it.
After hearing, the Foshan Court believed that Hang Yiqiu Commercial Bank showed a video of Haida’s products in its online store.For the sales of goods, Hang Yiqiu Commercial Bank uses the same trademark as the registered trademark involved in the same commodity, which constitutes an infringement of the trademark rights involved in Haida.In addition, whether the carrier is used directly to use Haida’s video or use another product to produce a video sales of the “Haida Company” trademark, it is based on the commission of Hangyi Autumn Commercial Bank.The behavior is in line with the instructions of Hang Yiqiu Commercial Bank. As a client, Hang Yiqiu Commercial Bank should also be responsible for the legal consequences of the behavior of the carrier.Consultation factors for compensation.
[Typical significance] With the rise of the new model of live broadcasts and cargo, more and more enterprises have adopted live broadcast and sales expert sales.The case accurately analyzes the legal relationship between the cargo expert and the merchant. It is determined that in the case that the merchant’s trademark is used to promote the trademark rights of others according to the instructions of the merchant, the merchant as the client should respond toThe legal consequences of the traders are responsible for the consequences of the behavior of the cargo. The case has a good guiding role in creating an honest and trustworthy market competition in the live broadcast industry, and has strong guiding significance for the referee in the same case.
Text ｜ Reporter Huang Songwei Correspondent Leng Ruixue
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