The Supreme People's Court top ten

May 09, 2009 | BY

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The Court presents its most significant IP cases of 2008.

The Supreme People's Court has published a list of what it refers to as its “top 10 IP cases in 2008”.

The cases, listed below, were published on the Court's website recently. They range from a criminal case involving passing off of registered trademarks to a claim of copyright infringement by Porsche, and were apparently chosen on the basis of their significance for the development of IP case law in mainland China. At the same time, the Court also published a wider list of what it deems the 50 “landmark IP cases in 2008”.

The Court appears keen to use the internet to publicise its work and assist with enforcement: in April, it announced the establishment of a new website which promised to name the losing parties in civil cases who had not paid damages.

Civil cases concerning intellectual property rights (7 cases)

1. Porsche AG v Beijing TechArt Automotive Sales & Service Co, Ltd, an appeal case of infringement of copyright and related rights (Final Judgment of the Beijing Municipal Higher People's Court (2008), Civil Judgment No.325; Judgment of First Instance of the Beijing Municipal Second Intermediate People's Court (2007), Civil Judgment No.1764)

2. Wang Zixiu v Nanning Art Theatre, an appeal case of copyright infringement (Final Judgment of the Third Civil Division of the Guangxi Zhuang Autonomous Region Higher People's Court (2008), Civil Judgment No.15; Judgment of First Instance of the Third Civil Division of the Nanning City Intermediate People's Court (2007), Civil Judgment No.62)

3. The Ritz Hotel Ltd v Shanghai Huangpu Rits Club, an appeal case of infringement of the exclusive rights to use trademarks (Final Judgment of the Third Civil Division (Intellectual Property) of the Shanghai Municipal Higher People's Court (2008), Civil Judgment No.70; Judgment of First Instance of the Fifth Civil Division (Intellectual Property) of the Shanghai Municipal Second Intermediate People's Court (2008), Civil Judgment No.74)

4. Zhenglong Food Co, Ltd of Henan Province v Sichuan Baijia Food Co, Ltd, Silin Department Store Co, Ltd of Henan Province, an appeal case of infringement of the exclusive right to use a trademark (Final Judgment of the Third Civil Division of the Henan Provincial Higher People's Court (2008), Civil Judgment No.37; Judgment of First Instance of the Third Civil Division of the Zhengzhou City Intermediate People's Court (2008), Civil Judgment No.46)

5. Jiangsu Baite I/E Trading Co, Ltd, Kongbaite Carpet Co, Ltd of Huaian City of Jiangsu Province v Xu Zanyou, an appeal case over the compensation for damages relating to intellectual property rights (Final Judgment of the Third Civil Division of the Jiangsu Provincial Higher People's Court (2008), Civil Judgment No.0071; Judgment of First Instance of the Third Civil Division of the Nanjing City Intermediate People's Court (2006), Civil Judgment No.382)

6. Hefei Xinqiang Seed Technology Co, Ltd v Anhui Chuangfu Seed Industry Co, Ltd, a case of infringement of the rights to new varieties developed in the course of employment (Judgment of First Instance of the Third Civil Division of the Hefei City Intermediate People's Court of the Anhui Province (2007), Civil Judgment No. 122)

7. Hangzhou Dukuai Network Media Co, Ltd v Wang Linyang, an appeal case of infringement of an internet domain name (Final Judgment of the Third Civil Division of the Zhejiang Provincial Higher People's Court (2008), Civil Judgment No.286; Judgment of First Instance of the Third Civil Division of the Hangzhou City Intermediate People's Court (2007), Civil Judgment No.193)

Administrative cases concerning intellectual property rights (1 case)

8. Jining Atmospheric Boiler Factory v Patent Re-examination Board of the State Intellectual Property Office, Third party Shu Xuezhang, a review case of disputes over the invalidity of an invention patent (Administrative Review of the Supreme People's Court (2007), Administrative Judgment No.4)

Criminal cases concerning intellectual property rights (2 cases)

9. Xiapu County Huafeng Machinery Co, Ltd v Zeng Fengxi, a case on passing off of registered trademarks (Judgment of First Instance of the Xiapu County People's Court of Fujian Province (2008), Criminal Judgment No.178)

10. Xu Chufeng v Jiang Haiyu, a copyright infringement case (Judgment of First Instance of the Pudong New Area People's Court of Shanghai Municipality (2008), Criminal Judgment No. 990)

(Please note that many of the company names shown here are China Law & Practice's own translation of the original Chinese names. Please click here for analysis of case number 9.)

(This article is part of the China IP update special feature)

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