The Supreme People's Court has released typical intellectual property cases and cases to crack down on infringement and counterfeiting
Malicious infringement and serious infringement will be punished to the end!
Reading tips
On the occasion of the 24th World Intellectual Property Day, the Supreme People's Court released typical cases, highlighting the judicial attitude of the people's courts to strictly protect intellectual property rights and significantly increase the cost of infringement and violation.
A large number of preemptively registered the trademark "Xiao Ai" for the voice wake-up word, and demanded that affiliated enterprises "stop infringement"; the name "Shanghai Siemens Electric Appliance Co., Ltd.", which was registered overseas, was widely used on its own washing machine products, and the well-known trademark in foreign languages was translated into dialects and used in store publicity......
On April 22, the Supreme People's Court released the top 10 intellectual property cases and 50 typical intellectual property cases in Chinese courts in 2023, demonstrating the judicial attitude of the people's courts to effectively crack down on malicious clinging to the goodwill of well-known trademarks and strictly protect intellectual property rights. In response to the issue of compensation for intellectual property infringement, which is widely concerned by the society, in recent years, the people's courts have insisted on strict protection of intellectual property rights, and have significantly increased the cost of infringement and violation of the law by applying the punitive damages system in accordance with the law.
Explore new technologies and new forms of adjudication rules
The reporter noted that the cases released this time cover patents, trademarks, copyrights, new plant varieties, anti-unfair competition and monopoly and other intellectual property types, involving key core technological innovation, well-known brands at home and abroad, digital economy, seed industry and many other key areas and industries in the new era.
Scientific and technological innovation has given birth to new industries, new models, and new kinetic energy, constantly challenging the existing rules of social life, and the people's courts are faced with the double test of new technology and new thinking in their adjudication work. The people's courts are actively exploring adjudication rules, clarifying the boundaries of rights and interests protection, and serving to safeguard the digital economy.
In the unfair competition dispute involving the wake word "Xiao Ai", a technology limited liability company released the first artificial intelligence speaker with the wake word "Xiao Ai" in July 2017, and since then, it has also been equipped with an artificial intelligence voice interaction engine using the wake word "Xiao Ai" in mobile phones, TVs and other products.
From August 2017 to June 2020, Chen applied for the registration of a total of 66 trademarks such as "Xiao Ai" in different product categories, and later sent a lawyer's letter to an affiliated enterprise of a technology limited liability company, requesting that the infringement of his trademark rights of "Xiao Ai" be stopped. A science and technology limited liability company believed that the acts of Chen and Shenzhen Yun Technology Co., Ltd. constituted unfair competition, so they sued the court.
The Intermediate People's Court of Wenzhou City, Zhejiang Province, held that Chen's preemptively registered a large number of trademarks such as "Xiao Ai" and sent a lawyer's letter of "stop infringement" to an affiliated enterprise of a science and technology limited liability company, which violated the principle of good faith, disrupted the fair market competition order, and also damaged the legitimate rights and interests of a science and technology limited liability company, which was an act of unfair competition, and ruled to immediately stop the infringement. Chen compensated a technology limited liability company for economic losses and reasonable expenses of 1.2 million yuan, and Shenzhen Yun Technology Co., Ltd. was jointly and severally liable for 250,000 yuan.
When elaborating on the typical significance of this case, the Supreme People's Court said that this case is a typical case involving the protection of the rights and interests of artificial intelligence voice wake-up words. The judgment in this case not only clarifies that the use of wake words with a certain degree of influence is a legitimate interest protected by the Anti-Unfair Competition Law, but also effectively regulates the behavior of maliciously preemptively registering other people's wake words and abusing rights, and fully protects the brand goodwill of scientific and technological innovation enterprises.
Make full use of the punitive damages system
The system of punitive damages for intellectual property infringement is an important measure to implement the policy of strict protection of intellectual property rights, which is of great significance for combating infringement and safeguarding the legitimate rights and interests of rights holders.
Lin Guanghai, President of the Third Civil Division of the Supreme People's Court, said that in recent years, the people's courts have significantly increased the cost of infringement and illegality by applying the punitive damages system in accordance with the law, encouraging innovation and creativity, and supporting and serving high-quality development.
"When hearing cases of intellectual property infringement, the people's courts shall severely punish infringement and counterfeiting, and make full use of punitive damages to ensure that the right holder receives full and adequate compensation. Lin Guanghai introduced that in 2023, courts across the country will apply punitive damages in 319 cases, a year-on-year increase of 117%, and the amount of compensation awarded will be 1.16 billion yuan, a year-on-year increase of 3.5 times.
Among them, the Intellectual Property Tribunal of the Supreme People's Court has applied punitive damages in eight cases, effectively reflecting the judicial orientation of strengthening the judicial protection of intellectual property rights in key areas, emerging industries and key core technologies, continuously promoting the development of key national industries, and vigorously protecting scientific and technological innovation. Lin Guanghai said.
It is understood that the people's courts have firmly established the concept of "grasping the front end and curing the disease before it happens", and have struck hard at malicious infringement and serious infringement to rectify it to the end. For example, in the case of "Panpan" trademark infringement and unfair competition, the people's court applied four times the punitive damages to the act of maliciously attaching to the well-known registered trademark of another person in accordance with the law, and the whole case decided to compensate 100 million yuan for economic losses and 650,000 yuan for reasonable expenses, effectively cracking down on malicious infringement of intellectual property rights, and concluded the case of infringement of the technical secret of "rubber antioxidant", awarding 202 million yuan in damages, setting a new high in similar cases.
"The issue of intellectual property compensation is not only a hot issue of social concern, but also a key and difficult issue in judicial practice. The people's courts are to promptly summarize trial experience and bring about a balance and coordination between adjudication standards and adjudication outcomes. Lin Guanghai said, for example, the Supreme People's Court has issued guiding cases on the application of punitive damages, clarified the specific conditions for the application of punitive damages, refined the calculation method of punitive damages, and guided the people's courts at all levels to apply punitive damages in accordance with the law and strictly protect intellectual property rights.
Protecting innovative services and developing new quality productivity
The protection of intellectual property rights is the protection of innovation, and the protection of innovation is to serve and accelerate the development of new quality productive forces. Lin Guanghai introduced that scientific and technological innovation is the core element of developing new quality productive forces. Judicial protection of intellectual property rights can serve technological innovation and promote the formation of high-tech productive forces.
"For example, the people's court has steadily resolved a series of infringement and mutual litigation cases of science and technology 'unicorn' enterprises, so that innovative entities can travel lightly and concentrate on scientific research. Lin Guanghai said, "Another example, give full play to the advantages of centralized jurisdiction and trial of technical cases such as invention patents, summarize and refine the rules for judicial protection of scientific and technological innovation, unify the adjudication standards of technical cases, strengthen the rule guidance and value orientation for the protection of innovation achievements, and stimulate the confidence and vitality of independent innovation." ”
Accelerating the construction of a unified national market is the basic support and internal requirement for building a new development pattern. Judicial protection of intellectual property rights is conducive to promoting the construction of a unified national market that is efficient, standardized, fair and fully open. Lin Guanghai introduced that the people's courts have effectively regulated all kinds of monopoly and unfair competition, eliminated market blockades, and promoted fair competition. Properly handle cases involving data and platform enterprises, and severely punish platforms for acts that undermine fair competition and disrupt market order, such as forced "one of two choices", big data killing, low-price dumping, and forced tie-ins, in accordance with law, and guide the development of the platform economy in the direction of openness, innovation, and empowerment.
Intellectual property rights are not only the "rigid needs" of domestic development, but also the "standard" of international trade and investment. Strengthening the judicial protection of intellectual property rights is of great significance to creating a market-oriented, law-based, and international first-class business environment. For example, in the "Siemens" trademark infringement and unfair competition dispute, the Supreme People's Court ordered the defendant to bear a liability of RMB 100 million in compensation, taking into account factors such as the name of the "Siemens" trade name, the popularity of the trademark, the nature and circumstances of the infringement, etc., conveying the clear judicial attitude of the Chinese courts to equally protect Chinese and foreign parties. (Reporter Lu Yue)
Source: Workers' Daily
