Supreme Court releases top ten IP cases
April 20, 2012 | BY
clpstaff &clp articles &The Supreme People's Court released its Top 10 IP Cases of 2011 on Monday, showing the country's commitment to tackling online infringement
On Monday the Supreme People's Court held a press conference to publicise the release of the closely-watched Top 10 IP Cases of 2011 (2011年知识产权保护十大案件发布), which has highlighted the difficulty of online enforcement
China is not a case law system country, but the Report's selection and commentary by the SPC are the closest the country comes to precedents.
First released in 2008, the Report has become one of the most valuable resources for IP owners and practioners.
A trademark infringement case against Taobao, the country's largest online retail platform operator, tops the list.
Taobao hosted an online retailer that infringed upon a Korean fashion company's trademark – Teenie Weenie. The Court found Taobao and the infringing party both liable and awarded compensation of Rmb10,000 ($1,585).
The Report stated: “although the online service provider cannot foresee or avoid infringement of internet users in general, but if they are aware of infringement and did not take necessary measures to amend the violation, the online service provider shall be severally and jointly responsible” (translation by China Law & Practice).
The case highlights Taobao's responsibility as an online platform operator to monitor infringement.
An MP3 copyright case from music companies Sony, Universal, and Warner against Baidu also made it to the list.
After mediation, Baidu paid royalties to the three corporations for hosting 128 songs. The Report stated: “The mediation not only has successfully resolved the dispute, but also achieved cooperation between the rights owners and users, which allows internet users to appreciate genuine music” (translation by China Law & Practice).
The case highlights China's commitment to protecting online copyright infringement.
Other cases to make it to the list include a criminal case of computer software copyright infringement and an invalidation of a patent covering an antibiotic.
Along with the Top 10 IP Cases of 2011, the SPC also released 50 typical IP cases. These 50 cases seek to highlight the consistency of the nation's multiple level court system.
A full text translation of a selection of the cases abstracts will be published in the June issue of China Law & Practice along with a feature article analysing the selection.
Supreme People's Court, Annual Report on Intellectual Property Cases (2010) (Abstract)
最高人民法院知识产权案件年度报告 (2010) (摘要)
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