More than half of foreign intellectual property lawsuits in 5 years

Yesterday, on the eve of the national legal publicity Day, the city of a Chinese court published nearly 5 years of ten foreign intellectual property cases. According to reports, the top ten cases in the foreign win rate accounted for 55.2% of all cases, a total of compensation for more than 48 million yuan.

After China's accession to the World Trade Organization, the number of foreign intellectual property cases is increasing and the which is increasing. From 2006 to October this year, the city of a Chinese court to accept all kinds of foreign-related knowledge of 2,691 cases, which as high as 330 million yuan, the number of cases received from 2006 to 241 of the year up to October 1367, the number of cases increased by as much as 470%. in which support and partial support for the foreign claims of the case accounted for 55.2% of all cases, the verdict of the foreign compensation amount amounted to more than 48 million yuan.

Foreign-related cases, including Google sued Beijing Google Science and Technology Co., Ltd. unfair competition, Microsoft sued the machine operators infringement case, the Italian Ferrero chocolate demand trademark protection case has a certain influence on foreign intellectual property cases.

However, while foreign companies generally receive financial compensation, "spiritual claims" are often not achievable. According to the city of a Chinese court judge introduced, foreign demand for the destruction of the production of mold and apology of the two appeals, generally difficult to be supported.

The destruction of molds is to prevent the recurrence of violations, but our laws do not provide such a way of liability, the court can only collect the proceeds of illegal activities and illicit proceeds. In addition, according to the legal profession, only when personal rights are violated, the tort has to bear the civil liability of apology, because the enterprise does not exist between the right of the person, so the apology often can not get court support.

Chiching, an intellectual property adviser at the Beijing representative office of Japan's trade promotion agency, said that in recent years, China's protection of intellectual property has improved markedly and the judiciary is more transparent, but some companies still do not pay enough attention to IPR protection, and he hopes that the Chinese government and the judiciary can further strengthen their work Increase confidence in foreign investment. RJ210

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Ten cases of foreign affairs

1, Google authorized the plaintiff Google Information Technology (China) Co., Ltd. v. Beijing Google Technology Co., Ltd. infringement of trademarks and unfair competition cases, Google won the award of 100,000 Yuan.

2, Japan Construction Co., Ltd. v. Fujian Guan Wei Communications company and other three accused of violating the walkie-talkie design patent case, the establishment of the society won the compensation of 1 million yuan.

3, the United States Microsoft sued the computer software copyright infringement cases, Microsoft has been compensated for more than 460,000 yuan, saving machine merchants involved in the 12 computers were collected.

4, Ferrero Company v. State Administration for Industry and Commerce trademark Review Board rejected the review of administrative cases, Ferrero company won the trademark extension protection.

5, the United States Paramount and other six major film companies v. Beijing Sakura Star Cultural Exchange Center Video store infringement of copyright disputes six cases, 6 film companies were awarded 195,000 Yuan.

6, the United States Postgraduate Admission Management Committee v. Beijing Century Bosen Consulting Co., Ltd. held the GMAT test infringement of copyright disputes, the two sides mediate.

7, broadcasting to send commune v. Beijing Sohu Internet Information Services Co., Ltd. violated the TV series "Yellow Handkerchief" network transmission rights dispute case, the two sides mediate.

8, Korea only Virtue Entertainment Co., Ltd. v. Shanghai Shanda Network Development Co., Ltd., Sheng Fun Information Technology (Shanghai) Co., Ltd. violated the "legendary" series of online games copyright and unfair competition disputes, the two sides mediate.

9, the United States jumped Frog Enterprise Co., Ltd. v. Intellectual Property Office Patent Review Board patent invalidation of the administrative case, the court upheld the original ruling, jumping Frog company lost.

10, the United States Blizzard Entertainment Co., Ltd. v. Industrial and Commercial administration of the trademark Review Committee video game "StarCraft" "Starcraft:ghost" trademark dismissed the administrative case, the court that the trademark has a superstitious color, blizzard loses.