Is tomorrow wh what day?
Day of world intellectual property
Be like the relation that don't have what with us?
Be off base!
Intellectual property is too principal
Our life can not leave Ta!
World Intellectual Property Organization respects knowledge to be established inside alive bound limits, advocate science and the consciousness that protect intellectual property, build the legal environment that encourages intellectual innovation, rise from 2001 will annual was surely on April 26 " day of world intellectual property " .
If do not have intellectual property
How is this world met?
Fine think of extremely fear!
If do not have intellectual property
Also do not have all sorts of originality of 666 again
The mobile phone that you use is full-length perhaps this appearance
↓ of ↓ ↓ ↓
The theatrical work that you seek is a Malisu covers a region completely
↓ of ↓ ↓ ↓
The clothes that you buy goes out all sorts of bumping into unlined upper garment
↓ of ↓ ↓ ↓
You can see the mountain fastness drink that emerge in endlessly
↓ of ↓ ↓ ↓
Protective intellectual property is very principal!
Jinhua makes intellectual property strong city with all one's strength
On January 14, 2019, market of Jin Hua city supervises management board to be established afresh, the intellectual property protection of bureau of integrated city science and technology is coordinated and patent administration executes the law direct responsibility, the blow of bureau of city business affairs is encroached intellectual property and fake the relevant duty such as commodity and antitrust, increase sign of bureau of the intellectual property that hang city. Responsible organization implements intellectual property strategy, begin intellectual property to control government, protocol organizes creation of executive intellectual property, protection and the policy that use, program, construction perfects intellectual property to protect system, public service system, constituent brand patent executes the law, protect intellectual property, stimulative intellectual property is created and apply, build the market environment of fair competition.
Recently, superintendency bureau of market of golden China city released protective intellectual property 10 grand ceremony case.
Sham core of filter of jug of filter of big shop sign?
Express face sheet shows clue eventually
On April 7, 2017, market of golden China city superintends bureau basis early days clew, concentrated force quantity is suspected of selling sham green jade to some like that feature of shelter of core of filter of heart filter jug undertakes assault is checked. But execute the law when personnel reachs the spot, party had undertaken clearing to the spot, the spot does not have computer, without article, at first view is one office is average only civilian curtilage. Below so passive circumstance, action spot director will execute the law instantly personnel divides two groups, one group sells sham green jade with what early days masters like that the information of the basic message of inn of net of core of filter of heart filter jug and party and family undertakes colliding, undertake to party the spot enquires; Another group has comprehensive examination to the spot and spot periphery, the sham green jade that the groceries below spot stair discovers to ten party are omited in caboodle like that core of filter of heart filter jug; Discovered in the rubbish dump of spot periphery party did not burn complete express area is only; In sundry filter core is found out to use carbolic pink and bag bagging in caboodle. Execute the law personnel adopts technical measure, will sell sham green jade like that data of management sale of tiring-room of inn of net of core of filter of heart filter jug derives. Below the circumstance that points to party bit by bit in all sorts of evidence, party week XX admits its sell sham green jade eventually like that the behavior of core of filter of heart filter jug. But in process of investigation of after the event, party week XX is received through refus note sign, concoctive fact, play be missing wait for a variety of behavior to defy investigation. Finally, my bureau is right this case in order to follow the form of 0 affidavit qualitative, with one action demolishs use a network to sell sham green jade like that the shelter feature of core of filter of heart filter jug.
Via checking: Party week XX from August 2016 portion month begins, through Alibaba the website contacts a supplier, purchase with the means that trades below the line tag have " BRITA " , " MAXTRA " the green jade of model of written characters like that core of filter of heart filter jug. And pass Alibaba name of the shop on the net is " Si trade of labour of peaceful of big county dragon limited company " net inn, the tagging that sells afore-mentioned purchasing has " BRITA " , " MAXTRA " the green jade of model of written characters like that core of filter of heart filter jug. End on March 9, 2017, party week XX falls in the condition that did not obtain brand obligee authorization, the sale is tagged have " BRITA " the green jade of model of written characters like that the management forehead of core of filter of heart filter jug adds up to 552357 yuan.
Superintendency bureau of market of Jin Hua city thinks, party week XX is permitted without obligee, below the circumstance that knowing perfectly well is sham product, still sell sham green jade through the network like that core of filter of heart filter jug, and sale amount is huge. Its behavior formed " trademark law of People's Republic of China " fiftieth 7 the first (3) : "The commodity that the sale violates trade mark right " case. Basis " trademark law of People's Republic of China " the 61st, " criminal law of People's Republic of China " the 214th, " procuratorate of top people court, top people encroachs case of intellectual property criminal about dealing with specific application law the explanation of a certain number of problems " the 2nd regulation, the behavior of party already was suspected of crime. Current, this case already moved send public security mechanism to be handled lawfully.
16 hours fight bravely continuously
360 Wifi knows holiday of false carry out to be hunted down
On April 14, 2017, market of golden China city superintends bureau basis early days clew, concentrated force quantity is suspected of selling to some sham 360 Wifi shelter feature undertakes assault is checked. Execute the law staff experience fights bravely continuously via 16 hours, undertake to 6 mobile phones of experience case the spot obtains evidence, 3 computer undertake overall lug 2 duplicate, to experience case inn of 6 keys net undertakes tiring-room server data derives, 3 people ask staff of case of the experience that make 4 times in all investigation notes, clear synchronous tabulation makes goods of spot experience case the spot notes reach document of relevant coercive measures, have the illegal action of party secure for a short while, with one action demolishs use a network the sale is sham 360 the shelter feature of Wifi.
Via checking: July 2016 since the portion, the place is run party Liu XX, a surname XX in its inside, purchase through the low such as 1688 platform sham 360 Wifi, below the circumstance that knowing perfectly well is brand tort product, register through party " store of flagship of 360 quality goods " and " 360 flagship store " clean out the inn that taste a net, undertake the network is sold. End on April 14, 2017, party sale is sham 360 Wifi real sale is 1226958.89 yuan, add up to violate management forehead to be 1244678.89 yuan. Classics Beijing strange tiger appraisal of limited company of 360 science and technology, afore-mentioned 360 Wifi is sham.
Superintendency bureau of market of Jin Hua city thinks, party is permitted without obligee, below the circumstance that knowing perfectly well is sham product, still sell through the network sham 360 Wifi, and sale amount is huge. Its behavior formed " trademark law of People's Republic of China " fiftieth 7 the first (3) : "The commodity that the sale violates trade mark right " case. Basis " trademark law of People's Republic of China " the 61st, " criminal law of People's Republic of China " the 214th, " procuratorate of top people court, top people encroachs case of intellectual property criminal about dealing with specific application law the explanation of a certain number of problems " the 2nd regulation, the behavior of party already was suspected of crime. Current, this case already moved send public security mechanism to be handled lawfully.
Copy risks 360 navigation website
Use other commodity force undeserved competition
In the light of website, webpage promiscuous copy risks behavior, rely on complete province to oppose a law " 100 days execute the law special " the action, on January 10, 2018, organization of superintendency bureau of market of golden China city investigates a website promiscuous behavior, this is first websites that put on record of the whole nation after new law is carried out investigates promiscuous behavior.
Via finding out, party is facilitating company development, show company ability to the client, attract more client, used famous navigation website the website name of 360 navigation website and page design, duplicate use content of bottom of webpage of 360 navigation website and its link, revised telephone number only. Party is sold through the way such as net inn and reveal website source code. Party uses as approximate as photograph of part of main body of famous website domain name domain name, and the website name that do sth without authorization uses famous website and webpage page content, use design of famous website page, cause promiscuous, its behavior was formed " oppose unfair competition law " the 6th the first (3) formulary case, attribute promiscuous action. Basis " oppose unfair competition law " the 18th, the 25th regulation, the decision handles as follows: One, instruct stop to violate act, delete website source code. 2, penalize a fund 50000 yuan, treasury of turn over to the higher authorities.
Domain name close, webpage is similar, carry out promiscuous copy to risk behavior, fetching mistake is is other commodity as specific as other existence perhaps connection, in order to use the consequence of commodity of other, other, beauty praise spend the market competition ability that enhances oneself and commodity, consequently need gives blow. This case is first in Internet domain promiscuous action that after turning over a law newly to carry out, investigate, it is the characteristic content that opposes a law newly, did not draw lessons from before this but character. Of this case investigate, it is to Internet the domain is managed relevant " draw near famous brand " , " hitchhike " the powerful blow of behavior, revealed the firm determination that maintains fair and orderly big market.
Small letter information is congeneric business is private
The member that sell disregards professional personal integrity to suffer punishment
On June 27, 2018, superintendency bureau of market of justice black city receives colour snow company to inform against say: The client information that Zhu Mou of the member that the company is sold masters his (client small letter) use at its cosmetic to run an activity. The goods doubt that according to Yan Xue the near future of many clients report of the company purchases is like be not its to produce. The company checks discovery oneself through interior, zhu Mou of the member that afore-mentioned clients all are a sale some client of responsible connection, and among them the payment for goods of a client is by Zhu Mou's elder sister some account collects Zhu Mou take company account. With day, the behavior that to Zhu Mou some is suspected of encroaching commercial secret undertakes bureau of justice black city investigation of put on record.
Via finding out, colour snow company is company of production of a cosmetic, the employee that party Zhu Mou is this company (work contract already expired on January 30, 2018, although not add is signed but still be in a company to work normally with circumstance of original contract agreement) , basically be in charge of recieving connection part client. The work contract that both sides signed on January 30, 2016, and the labor management system of colour snow company, specific requirement party ought to keep the commercial secret of colour snow company. Additional find out, the elder sister Zhu Mou of party some is engaged in cosmetic selling the business in city of trade of justice black international at rising on October 12, 2017. Party is get individual benefit, the cosmetic product that the somewhere of client introduction Zhu Mou that the client of the company of partial colour snow that is in charge of connection actively to its on small letter and an other employee are in charge of contacting sells. But party did not disclose its and Zhu Mou to the client the relation between some, and the business of the client of afore-mentioned colour snow companies, all be in charge of accepting the order through small letter connection by him party, look for supply of goods, deliver goods client, earned profit also is gotten alone by party.
Information of client small letter is the management news that has commercial value, and classics obligee takes confidential step, do not be public place know, belong to commercial secret. The business that requirement party all makes clear to keep a company in the company system of the work contract that party and obligee sign, obligee is private. Afore-mentioned behavior of party were disobeyed " People's Republic of China opposes unfair competition law " the 9th the first (3) regulation, belong to those who encroach commercial secret to violate act. Basis " People's Republic of China opposes unfair competition law " the 21st regulation, this bureau decides to instruct the administrative punishment that stops 100 thousand yuan to violate behavior and amerce to party.
Blueprint of technology of adversary of undeserved method filch
Baleful competition will pay price eventually
On November 15, 2017, supervisory management board of market of orchid brook city executes the law personnel to party limited company of machinery of × of Lan Xi × undertakes the spot is checked, discovery is suspected of those who encroach commercial secret imprinting have " limited company of machinery of justice black linkage " the blueprint paper of model of written characters 4 pieces, design column imprints have " XZ " the blueprint paper of model of written characters 10 pieces, deposit jotter of Yu Mou DELL computer. Classics investigation discovers after, party is in know perfectly well the competitor that produces congener product " limited company of machinery of justice black linkage " have " 3 lose chance of U cold glue " below the circumstance of the technical secret of jotter production machine, through the technical personnel Wu Mou that the phone commends this company some is party to design machine of U cold glue 3 fold " foldout " data blueprint. In September 2017, wu Mou some will contain of machine of U cold glue 3 fold " foldout " the U of data blueprint dish give party.
" People's Republic of China opposes unfair competition law " the 2nd regulation: "Operator trades in the market in, ought to follow the principle of freewill, equal, fair, honest credence, abide by accepted business ethics. " the act that party is gotten illegally and used other trade secret, disobeyed " People's Republic of China opposes unfair competition law " the 10th the 2nd regulation " operator must not use following method to encroach commercial secret: (one) the business that gets obligee with theft, lure by promise of gain, threatening other perhaps shocking measure is private; (2) the exposure, business that use or allows other to use the obligee that gets with ditto method is private " , belong to the act that violates commercial secret. On December 5, 2017, market of orchid brook city supervises management board to cooperate actively to investigate in view of party party, ground of seasonable full and accurate provides an evidence related to illegal behavior, active destroy by melting or burning the clue such as blueprint of secret of experience record business, basis " People's Republic of China opposes unfair competition law " the 25th regulation, made to party " instruct stop to violate act, penalize a fund 28 thousand yuan " condemnatory decision.
Brand of floor of copy real wood is promiscuous
Encroach special right to be investigated
(graph article has nothing to do)
On September 30, 2014, bureau of Jin Dong area informs against clew to hunt down Nanjing Guo Mou company to be encroached in decorating a project according to obligee " silvan star " trade mark right. Proper motion of Guo Mou company purchases 4189 box tag on outer packing have " silvan star " wooden floor garrisons the copy fact that waits for content some clothbound writes area under administration floor of project spot 5-30 undertakes spreading installing, classics spot identifies all is to encroach commodity of trade mark right, execute the law personnel fought bravely continuously check the amount of the article of more than 10 hours that finish, concentration, check buckle, bureau of Jin Dong area is investigated at official that day put on record.
Via checking, such-and-such square invests Guo Mou company and owner Fang Jinhua limited company, total contractor is signed jointly " subcontracting agreement " , contract property is secured for total prices be responsible for a task unit until it is completed contract, the flooring that agrees the place in decorating a project is used is in by Guo Mou company brand of owner square definitive (Er of holy elephant, Feilingeer, heart, litre amount to, nature) the proper motion inside limits is in charge of purchasing. On September 29, 2014, company proper motion purchases Guo Mou nominal manufacturer home is " Changzhou city preciouses jade orchid adornment material factory " norms is 1215 × of 172 × 10.5mm " astral copy of the forest is solid wooden floor " carry repair project site to clothbound, deserve to send to 5-30 floor and begin shop outfit in 14-17 floor according to floor dosage. "Silvan star " registered trade mark fastens Na Xing to live in science and technology (lake city) limited company uses the registered trade mark that classifies the 19th kind in commodity international via approve of bureau of our country brand lawfully, the experience case merchandise that bureau of Jin Dong area holds Guo Mou firm lawfully makes trade mark approximate, and bring about easily promiscuous. Come to was hunted down to stop on September 30, 2014, guo Mou company purchases product of floor of experience case wood in all 4189 box, add up to 9629.6732 ㎡, run the specified number illegally 491113.33 yuan.
Pass hearing of witnesses twice, on April 8, 2015, basis of bureau of Jin Dong area " trademark law of People's Republic of China " the 60th the 2nd regulation, decide to Guo Mou the company undertakes as follows condemnatory: One, order a state company of a person of extraordinary powers suspends tort action instantly; 2, confiscate, the floor of astral copy real wood that destroy by melting or burning did not tear open box tort forest 3395 box, already tore open box to use a floor board 8734, the floor of astral copy real wood of tort forest packs box 244; 3, to Guo Mou the company is in in order to fine a RMB 1473340 yuan, treasury of turn over to the higher authorities.
Use registered trade mark without accredit
Masses informs against sham clothings however refuse to mend one's ways despite of repeated admonition
On May 25, 2018, administration of superintendency bureau of market of Dong Yang city executes the law personnel basis is informed against, undertake checking to party lawfully, discover party is suspected of machining sham dress.
Via finding out: Party in March 2018 the portion begins, ask by the client and provide raw material, group weaver person was not in business mark (register name the 6901311st) the accredit that registers a person and license, the cloth that do sth without authorization makes affix an official seal has this pattern machines dress, treatment expends 1.5 yuan / , to case hair day stopped on May 25, 2018, the dress finished product that party processes mark to have this pattern in all 7000, surplus semi-manufactured goods had be notted machine 729 times. My bureau at case hair day lawfully article of sequestered experience case.
The dress classics trademark registrant of afore-mentioned labels 5.11 companies (register name: The 6901311st) appraisal, afore-mentioned clothing departments encroach product of trade mark right. Issue price proof by 5.11 companies, afore-mentioned by RMB of tort product retail price 599 yuan / , add up to total value RMB 4193000 yuan.
On October 12, 2018, administration of superintendency bureau of market of Dong Yang city executes the law personnel basis is informed against, discover party is suspected of machining the dress of the label again, the cap that the spot hunts down this design 1000, suit of heat preservation underwear 2000, hang out one's shingle 2000. The dress classics trademark registrant of afore-mentioned labels 5.11 companies (register name: The 6901311st) appraisal, afore-mentioned clothing departments encroach product of trade mark right.
Party is suspected of making crime of sham registered trade mark, supervisory management board of market of Dong Yang city moves the case send put on record of mechanism of public security of Dong Yang city to investigate.
The enterprise violates a sale " protect Shi Jie " glasses
Violate trade mark right
Superintendency bureau of market of riverside river county executes the law personnel to riverside river heart on May 21, 2018 some trade limited company undertakes checking, the spot discovers mark has " PORSCHE DESIGN " glasses 200 pairs, wrapping paper box 55, glasses box 45. Party legal representative is attendant, admit afore-mentioned products all are used at the sale. The staff member is present related advisory limited company of company of Shanghai grasping Xin, preliminary proof afore-mentioned product departments are encroached " PORSCHE DESIGN " product of trade mark right. The behavior of party was suspected of forming a sale to violate the illegal act of commodity of trade mark right.
Via checking, party falls in the circumstance that knows perfectly well afore-mentioned product departments to encroach commodity of trade mark right, after do sth without authorization matchs the glasses that contains afore-mentioned features glasses box to be packed with wrapping paper box, be in again its shop name is riverside river heart the Alibaba of some trade limited company shop gives sale. Case hair that day, party undertook rectifying and reform to its shop namely, stop a sale to encroach product of trade mark right.
Afore-mentioned glasses that party knows perfectly well his to purchase and tort of set package department are sham commodity and give the behavior of the sale, formed " trademark law of People's Republic of China " fiftieth 7 (3) " sell the goods that violates trade mark right " behavior, belong to those who violate trade mark right to violate act, basis " trademark law of People's Republic of China " the 60th the 2nd regulation, superintendency bureau of market of riverside river county instructs party to suspend tort action instantly, punish as follows: One, the mark that confiscates sequestered on record has " PORSCHE DESIGN " glasses 200 pairs, glasses box 45, wrapping paper box 55; 2, fine 15000 yuan.
Sham and patent shoe is covered machine is wanton sale
Network business was not gotten can suffer punishment
(graph article has nothing to do)
November 2018, intellectual property bureau of golden China city is received inform against call Jin Dong industry of Ou Mou commodity on 1688 websites the shoe of sale is covered machine be suspected of sham patent, request to investigate.
Classics investigation, this enterprise is covered in the shoe of the sale on 1688 websites machine, product itself did not tag patent information, but write on product caption have " patent product " model of written characters, tag in product detailed information at the same time have " the country invents patent ZL 200910XXXXXX.0 " model of written characters. Via checking, the obligee of this patent is Wang Mou some, be informed against at the same time the relevant evidence that the person fails to provide patent use license, bureau of intellectual property of reason our city maintains his to make sham and patent conduct, instruct its to rectify and reform.
" exclusive law of People's Republic of China carries out detailed rules " the 84th regulation, following behavior attributes the sham and patent action that exclusive law sets the 63rd times: (one) in the product that was not granted patent or its wrap mount to tag patent label, patent by after perhaps be being stopped after annul, continue to be in product or its wrap mount to tag patent label, perhaps be in without the license product or the patent number that the product includes mount to tag other; (2) sale (one) what narrate a product;
(3) the technique that was not granted patent in the material lieutenant general such as product manual perhaps is designed call patent skill patent perhaps design, will patent application calls patent, perhaps use the patent name of other without the license, making the public perhaps designs involves technology mistake to be is patent technology patent perhaps design; (4) forge or falsification patent certificate, patent file is patent perhaps application file; (5) other make the public promiscuous, perhaps design the technology that was not granted patent the behavior that considers as patent technology patent perhaps design by accident.
Eat fills up a design to get legal protection
"Integral observation, remarkable distinction " effective thought fors the time being
(graph article has nothing to do)
June 2018, intellectual property bureau of golden China city receives American some enterprise to complain say industry of our city Ou Mou commodity is in fast an eat pad that sells a sale on the website encroachs its exterior to design patent (patent date ZL 2010301XXXXX.6, patent name: XX antependium) , ask this enterprise leaves product of the case that wear experience instantly, stop tort (include to stop production, sale, promise sale to wait) recoup a loss.
The course investigates discovery, the patent person that complains a person to fasten experience case patent truly, and patent is valid, the appearance that the design of mat of experience case eat that is complained protects with patent of experience case exterior truly, design is formed identical, fall into this exterior to design the protective range of patent; The person that be complained is in its fast sell a store say oneself has dimensions on the page the productivity that bigger eat fills up relevant product, and experience case product shows have a certain quantity of sale record. All have in view of bilateral party reconcile intent, in the process that investigates in the case, organization of city intellectual property bureau undertook intercessory, the person that be complained agrees to stop tort and offer compensation.
The protective limits of exterior design patent is in with expressing picture or the exterior design of this product in the photograph is accurate. Judge the judgement principle that its design the product with identical or phyletic close to whether fall into patent to protect range to be " integral observation, remarkable distinction " .
Strict intellectual property is protected
Build environment of top-ranking battalion business
Protect intellectual property
Protect innovation namely
Drive high quality to develop namely
Protect high quality life namely
Toward period wonderful reviewing
To mark study an organic whole develops! The market is superintended have new act! Doorway of Home Jin Hua can deal with an entrance to be not special purpose cosmetic to put on record " bask in go all out achieve " , golden China market is superintended " make a good beginning " report! Entire network refutes a rumor the most by force, these 50 hearsay were not believed again! Does the old person spend thirty thousand and ten massage platoon poison?
