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Hello, in fact, there are many cases in this regard;
False promotion of mobile games constitutes unfair competition.
LD Excellence is the copyright owner of the mobile terminal games "My name is MT on Line" and "My name is MT 2". LD Excellence Company believes that Kunlun Lexiang Company infringes its copyright in the "Super MT" game, so it filed a lawsuit.
Result: The Beijing Intellectual Property Court held that Kunlun Lexiang Company did not infringe the copyright of Ledong Excellence Company, but it used related expressions to carry out publicity contrary to the facts, which constituted unfair competition. Kunlun Lexiang Company was ordered to stop unfair competition, and compensated Ledong Excellence Company 500,000 yuan and reasonable expenses of 10,000 yuan.
Plug-in blocking ads constitutes unfair competition.
Jike Geek is the producer and seller of "Jiru" routers. After installing a plug-in on the Extreme Routing cloud platform**, users can block iQiyi****'s pre-film ads. iQIYI sued Jike Geek on the grounds of unfair competition.
Judgment Result: The Beijing Haidian District People's Court held in the first instance that Jike Geek Company constituted unfair competition. The Beijing Intellectual Property Court upheld the first-instance judgment in the second instance.
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Legal analysis: Intellectual property infringement refers to the act of the actor who objectively infringes on the property rights or personal rights of others' intellectual property rights, and should bear civil liability. This generally includes trademark infringement, patent infringement, and copyright (i.e., copyright) infringement.
Infringement is a trampling on and deprivation of the labor of intellectual property creators, and a corrosive agent that endangers scientific and technological progress and cultural prosperity.
Legal basis: Article 123 of the Civil Code Civil subjects enjoy intellectual property rights in accordance with law.
a) the work; 2) Inventions, utility models, and designs;
c) trademarks; 4) geographical indications;
5) Trade secrets;
6) Layout design of integrated circuits;
vii) new plant varieties;
8) Other subject matter provided for by law.
Article 1185 of the Civil Code: Where the intellectual property rights of others are intentionally infringed upon, and the circumstances are serious, the infringed party has the right to request corresponding punitive damages.
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Legal Analysis: All of the above costs add up to the least amount of compensation. This is a cost that is also compensated for the sentence.
Minor injuries are punishable by imprisonment for up to three years. Minor injuries are criminal cases that are privately prosecuted, and can also be private. Under the auspices of the police station, the two parties signed a settlement agreement, and the case was closed, and criminal responsibility was not pursued.
If you want to be private, you should be appropriately generous in terms of financial compensation.
Legal basis: Article 213 of the Criminal Law of the People's Republic of China provides that anyone who, without the permission of the owner of the registered trademark, uses a trademark identical to the registered trademark on the same kind of goods, and the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention and/or a fine; where the circumstances are especially serious, the sentence is between three and seven years imprisonment and a concurrent fine.
In the case of patent infringement, the department in charge of patent work has the right to order the infringer to stop the infringement, order corrections, impose fines, etc., and the department in charge of patent work may also mediate the amount of compensation for patent infringement at the request of the parties. (2) Civil liability: 1. Cease the infringement.
2. Compensation for losses: The amount of compensation for infringement of patent rights shall be determined according to the losses suffered by the patentee due to the infringement or the benefits obtained by the infringer; 3. Eliminate the impact. (3) Criminal responsibility:
In accordance with the provisions of the Patent Law and the Criminal Law, if the patents of others are counterfeited, and the circumstances are serious, the person directly responsible shall be prosecuted.
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1) It involves a wide range of fields.
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Intellectual property rights mainly include the following contents: copyright, patent right, trademark right, prevention of unfair competition, ** mark, name of origin, trade secrets, trademark rights, trade names, other intellectual achievements, and new plant varieties. Intellectual property rights refer to the exclusive rights that people enjoy in accordance with the law through their intellectual labor. >>>More