What are the examples of intellectual property protection cases regarding the protection of intellec

In life, we often hear about the infringement of intellectual products, but what are the examples of protecting one's intellectual property? Intellectual property rights, in a broad sense, include copyright as copyright, patents as technical inventions, trademarks, trade secrets and well-known rights, etc., of which the first three categories are protected quite comprehensively. Today, we present a few examples of the protection of intellectual property rights:

1.Case of Huang Weijin et al. Counterfeiting of Registered Trademarks Case details: Defendant Huang Weijin and defendant Chang Rongfang orally agreed that Huang Weijin would provide the original liquor, and Chang Rongfang would organize the packaging materials and trademarks to jointly produce counterfeit liquor.

The defendant's acts should be punished as the crime of registering a trademark. 2. Copyright infringement case of Wang Hongxing and Zhao Kun Details of the case: The defendants Wang Hongxing and Zhao Kun were originally employees of Beijing Leishi Century Digital Technology **** (hereinafter referred to as "Leishi Company") and were responsible for the development of software.

3: Feng Moufeng's micro-store sales infringement of well-known foreign clothing trademarks Case details: This case was seized by Feng Moufeng and a family of four suspected infringing clothing, and the facts of the production and sale of "Adidas" and "North" and other suspected infringing clothing were fixed at the business site, sales warehouse, production and processing site, and trademark tag printing unit.

4.LeTV's "Film and Television Works Information Network Dissemination Right Infringement Dispute Case LeTV Tianjin Company claimed in the first instance that USTC was in its **" University of Science and Technology of China"of "Film and Television Services.""The channel provided the public with the **** service of the film and television works involved in the case, infringing on the information network transmission right of LeTV Tianjin Company, and sued and requested the court to order USTC to stop the infringement and compensate for its economic losses.

There are many similar examples, and we must also severely crack down on these opportunistic and harmful elements in our lives who seriously harm the interests of the people!

Baiyun Airport Customs' "Longteng Action 2020" investigated and handled the case of infringement of independent intellectual property rights by express channels. In January 2020, Guangzhou Baiyun Airport Customs seized 600 mobile phone protective cases that infringed the trademark right of "Huawei and graphics" in a shipment declared for export in the form of sample advertising product A. In 2020, 169 batches of infringement cases were seized in the express channel.

This case is a typical case of the Customs protecting its own intellectual property brand and creating a good business environment in the express channel.

OneApple Computer ** (Shanghai) **** v. State Intellectual Property Office, Shanghai Zhizhen Intelligent Network Technology Co., Ltd. **** administrative dispute over invention patent invalidation request[Supreme People's Court (2017) Zui Gao Fa Xing Zai No. 34 Administrative Judgment].

IIHuawei Technologies****, Huawei Terminal****, Huawei Software Technologies**** and Conversant Wireless License**** confirmed non-infringement of patent rights and three standard essential patent licensing disputes[Civil Ruling of the Supreme People's Court (2019) Supreme People's Court Zhi Min No. 1].

IIIRed Bull Vitamin Drink **** v. Tencel Pharmaceutical & Health Care **** trademark ownership dispute[Supreme People's Court (2020) Zui Gao Fa Min Zhong No. 394 Civil Judgment].

FourthSuzhou Saixin Electronic Technology Co., Ltd. v. Shenzhen Yusheng Technology Co., Ltd., Hu Caihuan, Huang Jiandong and Huang Sailiang infringed on the exclusive right of integrated circuit layout design[Supreme People's Court (2019) Supreme Court Zhi Min Zhong No. 490 Civil Judgment].

FiveWuhan Atlantic Continuous Casting Equipment Engineering Co., Ltd. v. Song Zuxing Company Earnings Distribution Dispute[Supreme People's Court (2019) Zui Gao Fa Min Zai No. 135 Civil Judgment].

SixOPPO Guangdong Mobile Communications **** and OPPO Guangdong Mobile Communications Shenzhen Branch v. Sharp Co., Ltd. and S&G Japan Co., Ltd. Standard Essential Patent Licensing Dispute[Civil Ruling of the Intermediate People's Court of Shenzhen City, Guangdong Province (2020) Yue 03 Min Chu No. 689 No. 1].

SevenShanghai Xuanting Entertainment Information Technology Co., Ltd. v. Chengdu Jiqian Technology Co., Ltd. and 4399 Network Co., Ltd[Jiangsu Provincial High People's Court (2018) Su Min Zhong No. 1164 Civil Judgment].

EightShenzhen Tencent Computer System, Tencent Technology (Shenzhen) ****, Zhejiang Sodao Network Technology, Hangzhou Juketong Technology ****, unfair competition dispute case[Zhejiang Hangzhou Railway Transport Court (2019) Zhe 8601 Min Chu No. 1987 Civil Judgment].

NineHuizhou Huan Sing Yibai Entertainment **** and China Audio-visual Copyright Collective Management Association monopoly dispute case[Civil Judgment of Beijing Intellectual Property Court (2018) Jing 73 Min Chu No. 780].

XLi Haipeng and 9 others committed copyright infringement[Shanghai High People's Court (2020) Hu Xing Zhong No. 105 Criminal Ruling].

The protection of intellectual property rights is mainly in the maintenance of intellectual property rights and the importance of intellectual property rights.

Deepen the reform of the "three-in-one" adjudication mechanism for civil, criminal, and administrative intellectual property cases, improve the appeal mechanism for intellectual property cases, and unify adjudication standards. Formulate and improve the standards for judging trademark and patent infringement in the process of administrative law enforcement. Standardize evidentiary standards for different channels such as judicial, administrative law enforcement, arbitration, and mediation.

Promote the coordination and convergence of administrative law enforcement and criminal justice case filing standards, improve case transfer requirements and evidence standards, draft evidence guidelines, and smooth the connection between administrative law enforcement and criminal justice. Judicial interpretations of the rules of evidence in intellectual property civil litigation have been formulated, and efforts have been made to solve the problem of difficulty in adducing evidence by rights holders. Explore the establishment of a system for notarization, reward, and evidence collection of infringement, to reduce the burden of proof on rights holders.

1.In practice, more and more trademark owners have begun to implement a new trademark protection strategy - "trademark copyright" protection. Specifically, it is invoking Article 32 of the Trademark Law on "Applying for trademark registration is not."

2.A number of decisions that have come into force have shown that a trademark logo can constitute a work as long as it meets the minimum requirements for originality of the work. However, it is important to point out that there is still originality between different works even if they are the same works.

3.The typical issue from patents to copyrights is whether the design will also fall into the public domain after the design patent has lapsed, if the design design itself constitutes a work. In this regard, the author thinks.

4.Those who hold the "intellectual property choice principle" theory are concerned that if a lapsed design fails to enter the public domain on time, it will render the provisions of the patent law on the term of protection of the design null and void, and at the same time free competitors.

5.In order for a defunct design to be protected by copyright law, it must meet the conditions to constitute a work. In order to constitute a work, the requirement of originality must be met. First of all, it is necessary to reach a certain creative height. design.

This is the property right, and if you have it, you have to apply for a patent if you have this property right, and then you won't fight such a lawsuit to avoid such a lawsuit.

Typical Cases:Counterfeit well-known brands to attract foreign investment, and the five parties were fined more than 5.52 million yuan.

Facts: In early December 2019, Shanghai Maji Catering Pipe Mill Cover Li **** (hereinafter referred to as "Maji Company") reported to the Guangzhou Municipal Market Supervision Bureau that the exclusive right to use its registered trademark had been infringed by a number of enterprises in Guangzhou. After preliminary on-site investigation, it was finally confirmed that a total of 8 enterprises suspected of infringing on the rights holders were located in three districts: Liwan, Baiyun and Panyu.

The law enforcement officers of the Market Supervision Bureaus of Baiyun District, Liwan District and Panyu District carried out investigation and punishment actions at the same time, and found that the relevant enterprises were suspected of infringing in the whole chain from the provision of raw materials to store design to packaging and publicity in the way of soliciting franchises, and finally imposed a penalty of more than 5.52 million yuan on the five parties. According to the relevant person in charge of the market supervision department at the event site, the main product of Maji Company is "Magee" milk tea, and its trademark owner is an enterprise in Taiwan, and the brand is selling well in many places.

Comments: In recent years, with the emergence of a large number of new economic formats, some unscrupulous enterprises have counterfeited well-known brands in the market to attract foreign investment to join, and it has become the new normal for trademark infringement cases to solicit franchisees, distributors, partners, etc. These unscrupulous enterprises operate in a full-chain manner with reference to the target trademark brand.

packaging "infringing core products" in a large number of legal forms, and using new online media to imitate and promote them significantly; In this series of cases, in the absence of superficial evidence, law enforcement personnel found another way, collected evidence from the parties' cooperative clients, and gave a banquet to the parties involved in the case in accordance with the law and issued administrative treatments, achieving good law enforcement results.