April 17th, "3Q" the second phase of the trial in the Guangdong Provincial Higher People’s court kicked off. In recent years, more and more intellectual property disputes on the Internet become an obvious trend. CFP
source: "the judicial protection of intellectual property rights of Chinese courts (2011)" white paper
April 26th is the annual World Intellectual Property day". The day before, the Supreme People’s court in accordance with the Convention, announced in 2011 ten cases of judicial protection of intellectual property rights. Interestingly, these ten cases in four related to the Internet, accounting for almost half of the country "". The four cases are: taobao.com trademark infringement dispute case, Baidu MP3 search copyright dispute case, "3Q" dispute triggered by unfair competition disputes and "happy net" unfair competition disputes involving trademark, copyright, unfair competition and other fields.
ten four cases of "net" behind, is the network of intellectual property cases, explosive growth. Only copyright cases, for example, in 2011 the local courts at all levels of new copyright cases 35185, an increase of more than 40%, which accounted for a large proportion of the network.
"the development of network technology has a profound impact on people’s lives. Disputes over intellectual property rights on the Internet are becoming more and more obvious." The Supreme People’s Court of intellectual property vice president Jin Kesheng said that the announcement of the four cases on behalf of the Supreme People’s court’s judicial attitude, the trial of similar cases of typical significance and guiding role.
so what are the four typical cases?
1: website taobao.com trademark infringement infringement to jointly bear responsibility at
talking about online shopping, people will think of Taobao. As the country’s leading e-commerce site, the occurrence of infringement of counterfeit Taobao frequent. This behavior occurs, Taobao and other network trading platform and whether the infringement of the implementation of the business together to assume responsibility for the case of the Shanghai intermediate people’s court heard the guidelines.
2009, as Vigny the bear registered trademark rights, E-land fashion (Shanghai) Trading Co. Ltd., a merchant Du Guofa Cartoon Bear pattern in the Taobao online sales of clothing, highly similar to Yi Nian’s trademark. In the beginning of September, Yi Nian company has 7 times to send a letter to taobao.com, request to delete infringement information released by Du Guofa. Taobao information on the infringement were deleted, but did not take other measures to stop infringement. Clothing read the company believes that Taobao intends to infringe upon other people’s trademark rights to provide convenient conditions, so Taobao court.
at the end of April 2011, the Shanghai first intermediate people’s court made a final verdict.