The 2023 Typical Cases of Intellectual Property Protection in the Autonomous Region were released

　　Urumqi Evening News all-media reporter Wang Xuan

　　 On April 20, the Xinjiang branch of the 2024 National Intellectual Property Publicity Week was launched at Xinjiang University (Boda Campus), and the typical cases of intellectual property protection in Xinjiang Uygur Autonomous Region in 2023 were released on the spot.

　　Case 1: The people's court ruled on a dispute over infringement of the exclusive right to use a registered trademark and unfair competition by a liquor company in Wusu and a liquor company in Henan

　　On February 28, 2023, the plaintiff, a beer limited liability company in Xinjiang, filed a lawsuit with the people's court, suing the defendants Wusu Liquor Co., Ltd. and Henan Liquor Co., Ltd. for allegedly infringing its exclusive right to use the "Wusu" trademark. After the trial, it was ascertained that Wusu Liquor Co., Ltd., without the permission of Xinjiang Beer Co., Ltd., the owner of the exclusive right to use the registered trademark, used a trademark identical or similar to the registered trademark involved in the case on the same kind of commercial beer it operated, and its behavior constituted an infringement of the exclusive right to use the registered trademark involved in the case. A liquor company in Henan produced and canned the infringing products involved in the case for a liquor company in Wusu, which was an infringement of the exclusive right to use a registered trademark. The "Wusu" beer involved in the case is well-known and prominent throughout the region, and the unauthorized use of marks similar to the name, packaging, and decoration of the "Wusu" beer by a certain liquor company in Wusu and a certain liquor company in Henan is unfair competition and shall bear civil liability. On December 27, 2023, the People's Court ordered the defendants Wusu Liquor Co., Ltd. and Henan Liquor Co., Ltd. to stop infringing on the plaintiff's exclusive right to use the trademark "Wusu" of Xinjiang Beer Co., Ltd., and compensate for the corresponding economic losses and reasonable expenses paid to stop the infringement. (High People's Court of the Autonomous Region)

　　 Case 2: The procuratorate handled the copyright infringement case of a digital media information technology company in Xinjiang and Cheng Moumou

　　In March 2021, Cheng Moumou, the legal representative of a digital media information technology company in Xinjiang, contacted a book dealer through WeChat to purchase books such as the Mi Xiaoquan series and "The Three-Body Problem", and sold them through the "Xinjiang Parent" and "Xinjiang Children's Books" network platforms of Xinjiang Digital Media Information Technology Co., Ltd. According to the relevant copyright owners, the 2,172 publications involved in the case were pirated books, worth 60,200 yuan. In June 2022, the Urumqi Municipal Public Security Bureau transferred Cheng Moumou to the Urumqi Municipal People's Procuratorate for prosecution on suspicion of copyright infringement. At the suggestion of the procuratorate, the public security organs additionally transferred the enterprise involved in the case, Xinjiang Digital Media Information Technology Co., Ltd. In May 2023, the Urumqi Municipal People's Procuratorate made a decision not to prosecute in accordance with the law on the distribution of pirated books and copyright infringement by a Xinjiang Digital Media Information Technology Co., Ltd. and Cheng Moumou, based on the facts and circumstances of the crime of copyright infringement, admission of guilt and acceptance of punishment, and compliance rectification, and at the same time submitted a procuratorial opinion to the Urumqi Municipal Bureau of Culture and Tourism to impose administrative penalties on the enterprise involved in the case. (People's Procuratorate of the Autonomous Region)

　　Case 3: The Urumqi Cultural Market Comprehensive Administrative Law Enforcement Team investigated and dealt with the case of copyright infringement in a cinema

　　On August 31, 2023, law enforcement officers of the Urumqi Cultural Market Comprehensive Administrative Law Enforcement Team found that a theater in Urumqi was suspected of infringing the copyright of others during a daily inspection of a shopping mall in Tianshan District, Urumqi City. After investigation, the party used the on-demand system provided by a certain audio-visual technology (Guangzhou) Co., Ltd. to screen a certain film, without verifying the copyright-related information and without the permission of the film distributor, and its behavior violated the provisions of Article 53 of the Copyright Law of the People's Republic of China and constituted an infringement of the copyright of others. On November 17, 2023, the Urumqi Municipal Bureau of Culture and Tourism issued an administrative penalty decision of warning and confiscation of illegal gains to a theater in Urumqi. (Propaganda Department of the Party Committee of the Autonomous Region)

　　Case 4: The public security organs of Ruoqiang County, Bazhou investigated and dealt with the case of Sun and others selling goods infringing on registered trademarks

　　On April 20, 2023, the Bazhou Public Security Bureau intercepted a tractor truck loaded with suspected infringing and counterfeit goods at the Yitumbulak checkpoint in Ruoqiang County, and seized more than 320,000 pairs of suspected counterfeit 13 brands of socks such as Adidas, Nike, LV, and Crocodile. After the appraisal of the above-mentioned 13 brand trademark owners, more than 320,000 pairs of various brand socks are infringing and counterfeit goods, and the value of the goods is more than 30 million yuan at the market price. The Food and Drug Environment Branch of the Bazhou Public Security Bureau took the lead, dispatched network security, technical investigation, legal and other police forces to form a joint task force, went to Zhejiang, Liaoning and other places, and successfully arrested the criminal suspects Sun, Qiu, and Qiu, and destroyed the chain of the crime of manufacturing and selling infringing and counterfeit international brand goods in one fell swoop, destroyed 2 counterfeiting dens, and seized nearly 70,000 pairs of infringing and counterfeit Adidas and Nike brand socks at the scene. On August 3, 2023, in accordance with Article 214 of the Criminal Law of the People's Republic of China, the public security organs transferred the criminal suspect Sun to the Ruoqiang County People's Procuratorate for review and prosecution on suspicion of selling goods infringing on registered trademarks, and the criminal suspects Qiu and Qiu on suspicion of counterfeiting registered trademarks in accordance with Article 213 of the Criminal Law of the People's Republic of China. (Autonomous Region Public Security Department)

　　Case 5: Yining County Agriculture and Rural Bureau investigated and dealt with Deng's case of infringement of the right to new plant varieties

　　On July 14, 2023, the Yining County Agriculture and Rural Bureau received a complaint from a certain industry company that the parents of the corn varieties propagated by Deng in a village of Yuqunweng Hui Township, Yining County are the same as the varieties THD28 and TH22A for which the company has the right to new plant varieties. The investigation found that Deng multiplied 230 acres of corn seeds on behalf of the suspected infringement of the seed company's rights to new varieties of plants, after active communication with Deng, Deng was the first time to carry out corn seed production, and he did not understand the relevant knowledge of new plant variety rights, and contracted 230 acres of land for corn seed production. The law enforcement officers of the Yining County Agriculture and Rural Bureau publicized the provisions of Article 28 of the Seed Law of the People's Republic of China to Deng in detail, and ordered the parties to immediately stop the infringement, crush all the infringing seed corn for green storage, and actively reach a settlement with the variety rights holder. (Department of Agriculture and Rural Affairs of the Autonomous Region)

　　Case 6: The comprehensive law enforcement team of the cultural market in Kashgar investigated and dealt with the case of Ma Moumou's suspected infringement of book copyright

　　On August 25, 2023, when the comprehensive law enforcement team of the cultural market in Kashgar Prefecture inspected a shipping department in Kashgar City, it was found that the shipping department stored a large number of teaching and auxiliary materials. After investigation, the party Ma Moumou printed and sold nearly 70,000 infringing and pirated books without the permission of the copyright owner, and the amount involved was 1.65 million yuan. At present, the case has been transferred to the local public security department for investigation. The case is a major case jointly supervised by five departments: the Copyright Administration of the Propaganda Department of the CPC Central Committee, the National Office for the Elimination of Pornography and Illegal Publications, the Intellectual Property Procuratorate Office of the Supreme People's Procuratorate, the Food and Drug Crime Investigation Bureau of the Ministry of Public Security, and the Cultural Market Comprehensive Law Enforcement and Supervision Bureau of the Ministry of Culture and Tourism. (Department of Culture and Tourism of the Autonomous Region)

　　Case 7: Hami Municipal Administration for Market Supervision (Intellectual Property Office) investigated and dealt with the case of a chemical fertilizer sold by an agricultural materials limited company that infringed the exclusive right to use a registered trademark

　　On January 3, 2023, the law enforcement officers of the Hami Municipal Administration for Market Supervision (Intellectual Property Office) found that the company had a total of 268 bags of "Haifa Potassium Treasure" original imported compound fertilizer (with a specification of 25kg) in the store and warehouse of the company, and the "MULTI-NPK" trademark was printed on the front packaging of the product, and the "HAIFA®MULTI-NPK" trademark was printed on the back packaging of the product. After investigation, on April 21, 2022, the party purchased 10 tons of original imported compound fertilizer from an agricultural technology company in Urumqi, with a total payment of 105,000 yuan, and provided information such as purchase contracts and bills. After the identification of the exclusive right holder of the registered trademark, the original imported compound fertilizer of "Haifa Potash" involved in the case was not a product produced by the right holder. The behavior of an agricultural materials limited company violated the provisions of Article 57 of the Trademark Law of the People's Republic of China, constituting the sale of goods infringing the exclusive right to use a registered trademark. On February 28, 2023, the Hami Municipal Administration for Market Regulation (Intellectual Property Office) made an administrative penalty decision to order an agricultural materials limited company to immediately stop the infringement and confiscate the infringing goods, and transferred the relevant illegal clues of the supplier Urumqi Agricultural Technology Co., Ltd. to the public security organs. (Autonomous Region Administration for Market Regulation (Intellectual Property Office))

　　Case 8: Changji Prefecture Market Supervision Administration (Intellectual Property Office) handled a utility model patent infringement dispute of "a drip irrigation belt recycling machine".

　　On August 15, 2023, the petitioner, He Moumou, submitted a request to the Changji Prefecture Administration for Market Regulation (Intellectual Property Office) for the settlement of utility model patent infringement disputes for "a drip irrigation belt recycling machine" (patent number: ZL201821225074.5). The claimant claimed that the respondent Tang XX had infringed the claimant's utility model patent by producing, selling, and promising to sell drip irrigation belt recycling machines that were identical to the patent in question. After the trial, it was ascertained that the claimant He XX was the patentee of the patent involved in the case, and the legal status of the patent was valid. After analysis and comparison, the technical features of the drip irrigation belt recycling machine produced by the respondent fully covered all the technical features of the patent in question, and fell within the protection scope of the patent in question, and its acts of producing, selling, and offering to sell the infringing products constituted infringement. In accordance with the provisions of Article 65, Paragraph 2 of the Patent Law of the People's Republic of China and Article 19, Paragraph 4 of the Measures for Patent Administrative Law Enforcement, the Changji Prefecture Administration for Market Regulation (Intellectual Property Office) made an administrative ruling on the patent infringement dispute and ordered the respondent Tang Moumou to immediately stop the infringement. (Autonomous Region Administration for Market Regulation (Intellectual Property Office))

　　Case 9: The Korla Municipal Administration for Market Regulation (Intellectual Property Office) investigated and dealt with the infringement of the exclusive right to use the "Korla Fragrant Pear" geographical indication certification trademark

　　On September 11, 2023, when law enforcement officers from the Korla Municipal Administration for Market Regulation (Intellectual Property Office) inspected a carton packaging factory in Korla City, they found 2,000 white cartons, with the words "Korla Fragrant Pear" printed on the front and "Korla Fragrant Pear" printed on the upper left corner. After investigation, "Korla fragrant pear" is a geographical indication certification trademark obtained in 1996, and the registrant is Bayingolin Mongolian Autonomous Prefecture Korla Fragrant Pear Association. Without the authorization of the owner of the exclusive right to use the registered trademark, a carton packaging factory in Korla City entrusted a company in Urumqi City to print the color noodles printed with Korla fragrant pears, and to process and make fragrant pear cartons and sell them, which infringed the exclusive right to use the geographical indication certification trademark of the Korla Fragrant Pear Association in Bayingolin Mongolian Autonomous Prefecture. In accordance with the provisions of Article 57 and Article 60, Paragraph 2 of the Trademark Law of the People's Republic of China and Article 11 of the Measures for the Administration of Trademark Printing, the Korla Administration for Market Regulation (Intellectual Property Office) has made an administrative penalty decision to order the parties to immediately stop the infringement and impose a fine. (Autonomous Region Administration for Market Regulation (Intellectual Property Office))

　　Case 10: Urumqi Customs seized a series of cases of auto parts that infringed the exclusive right to use a registered trademark in the form of border small-value trade

　　In March 2023, Horgos Customs, a subsidiary of Urumqi Customs, seized three batches of auto parts such as oil filters and bearings declared for export in the form of border small-scale trade, involving well-known brands such as "TOYOTA", "KIA" AND "FAG". In 2023, 19,931 auto parts worth 683,600 yuan were seized that infringed the exclusive right to use registered trademarks, and Urumqi Customs made an administrative penalty decision to confiscate all infringing goods and impose a fine. (Urumqi Customs)

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