Amount of record of Luoyang intellectual property grew continuously last year, luoyang quadrangle releases intellectual property judicatory to protect typical case
Client of great river of · of great river newspaper carries Wang Yuxiao of Liao Xiaoyan of reporter Li Xiaobo's reporter
Report from our correspondent on April 25 morning, court of Luoyang city intermediate people holds a press conference, announce Luoyang court intellectual property protected a circumstance 2018, released intellectual property judicatory many cases to protect typical case.
(small) brand tort, "White Shui Dukang " the compensate that be sentenced " Luoyang Du Kang " 15 million yuan
Limited company of management of wine ancestor asset fastens Yichuandukang the 152368th, the 9718179th, the 9718151st, the 9718165th " Du Kang " person of trade mark right, the commodity that afore-mentioned brand approve use all includes liquor. Du Kang of Luoyang of accredit of limited company of management of wine ancestor asset accuses Yichuandukang a limited company (company of Du Kang of Luoyang of the following abbreviation) use afore-mentioned label and counterpoise with him name dimension.
Line of business of wine of Du Kang of Shaanxi white water is finite liability company (company of Du Kang of Baishui of the following abbreviation) tie the 915685th trade mark special right person, but the alcohol that produces in its wraps mount desalt " Bai Shui " , outstanding " Du Kang " , company of Luoyang Du Kang thinks to form brand tort, appeal to to the court. Forensic cognizance thinks, company of white Shui Dukang is not normative use its registered trade mark, desalt " Bai Shui " , outstanding " Du Kang " , easy bring about consumer promiscuous mistake, cause market disorder, form brand tort, sentence company of your Baishui Du Kang to stop tort instantly, recoup pecuniary loss of company of Luoyang Du Kang 15 million yuan.
(small) Gao Fang " tea π " pack, industrial and commercial bureau is punished to its administration
Zhengzhou and its limited company of drink of shellfish of the anxious actor that make city produces accredit of limited company of biology science and technology " tea π " of the packing decorate of series drink and farmer spring Inc. " tea π " photograph of the series drink decorate that pack is approximate, industrial and commercial bureau of city of state of the first month is disobeyed with its " oppose unfair competition law " regulation, make administrative punishment to limited company of drink of shellfish of the anxious actor that make city.
Zhengzhou and its limited company of biology science and technology refuses to obey this administration punishment decides court of intermediate people of Xiang Luoyang city mentions administrative lawsuit, request cancel the place punishs a decision. The court thinks limited company of drink of shellfish of the anxious actor that make city is produced " tea π " of series beverage and farmer spring company " tea π " the commodity name of series beverage, pack, decorate, no matter from whole tectonic, color matchs, the element such as the human body modelling that the bottle appearance, processing that still is detail part, bottle affixes, below the condition of segregation, the attention with public general inflict, enough generation is promiscuous. The administration of industrial and commercial bureau punishs Meng Zhou evidence is really sufficient, have at the law according to, the program just when, rejected Zhengzhou and its the litigant request of limited company of biology science and technology.
(small) violate other copyright and presswork illegally, amerce 700 thousand sentence 3 years
May 2016, the accused unit brightness county town is burgeoning presswork some is in limited company and Guo Mou of the accused person to did not obtain obligee accredit circumstance to fall, presswork illegally of press of Chinese times economy " does exam of qualification of technology of 2016 audit major coach teaching material (go up book) is audit major relevant knowledge " 10080, " does exam of qualification of technology of 2016 audit major coach teaching material (below) audit theory and deal with concrete matters relating to work " 3693, does China build industrial publishing house? 6 grade? Chinese (go up) " 17540, add up to 34313.
Of the same age on May 15, market of culture of bureau of culture of brightness county town executes the law integratedly the group is burgeoning to brightness county town presswork limited company undertakes investigating, on the spot sequestered afore-mentioned illegal publication, and lawfully Guo Mou some transfers public security scheme. Classics appraisal, afore-mentioned publication are the illegal publication that violates other copyright, tot of experience proposal value 1200516 yuan.
Unit of forensic cognizance the accused brightness county town is burgeoning presswork limited company makes violate copyright crime, sentence fine RMB 700 thousand yuan; Some makes Guo Mou of the accused person violate copyright crime, sentence a set term of imprisonment 3 years, punish golden RMB 600 thousand yuan. "This case the accused prints tort publication amount much, guilty number is large, the influence is very abominable. The court passes pair of the accused people to be in with penalty, increase pair of the accused people and the accused unit to be in of fine punishment respect penalize strength, raised law to deter force. " Yang Chu of controller of front courtyard of Luoyang quadrangle intellectual property says.
(small) cheap wine fill holds famous brand bottle, suddenly change one's identity is become " Maotai " , " 5 grain fluid "
Come by 2015 in September 2017, dang Mou of the accused person is in Luoyang city village of Zhang Ling of red mountain area inside one a house owned by a citizen, after sealing off the wine that buys on the market, fill loads empty Maotai bottle and bottle of 5 grain fluid inside, pretend to be wine of fluid of Maotai, 5 grain to undertake selling, illegal income 77100 yuan. Late on September 3, 2017, when substation of Nanchang public security makes shelter feature undertake ransacking to its holiday wine, hunt down on the spot already the Maotai of flying Apsaras of 53 degrees of Guizhou that case has sealed 16 box (every box 6 bottles) .
Classics appraisal, the market price of Maotai of flying Apsaras of Guizhou of this 16 box is 95904 yuan. The court adjudicates Dang Mou of the accused person commits crime of sham registered trade mark, sentence a set term of imprisonment 3 years, punish golden RMB 88000 yuan. "This case the accused is factitious seek is illegal economic interest, without license of everybody of registered trade mark, in same kind as same as its registered trade mark label is used on commodity, and sham two kinds of registered trade mark, amount is huge, the clue is particularly serious, played havoc with market economy order, enroach on the legitimate rights and interests of consumer. " Yang Chu of controller of front courtyard of Luoyang quadrangle intellectual property says.
(small) outspread: Amount of intellectual property case grows continuously, copyright issue grows particularly swift and violent
Ni Xiliang of member of Luoyang quadrangle leading Party group, assistant dean reported in the news briefing intellectual property protected a circumstance 2018: 2018, luoyang quadrangle controls intellectual property newly in all case of civil, criminal, administration 548, rise compared to the same period respectively 180.9% .
Ni Xiliang says, intellectual property case is receiving record volume to grow continuously at the same time, still present a case type with each passing day diversification, expand stage by stage from traditional copyright, trade mark right, patent involve network of commercial secret, information to transmit authority, concessionary management contract, unfair competition to wait for case of new type dispute, involve intellectual property basically each domains. In the meantime, copyright issue grows particularly swift and violent, case amount still resides series not to fall high, experience case of intellectual property criminal is given priority to with involving famous label to commit a crime, and experience case amount is larger.
