Case 10: Sex of group of electric business platform is sham and patent case
Details of a case
Check via informing against solid, the much home books of platform of business of a few main and large cable specializes in Beijing shop distributors the name of an article is called " learn a country to learn experienced good word... " , " copybook of good drawing of regular script of concentration of Tang Songshi word... " copybook in all 145, all allege " apply national patent technology to write write " , " it is good that two patents aid you to drill quickly word " . Via checking, the publication of books and periodicals does not have valid patent before date, made sham and patent conduct. Bureau of Beijing intellectual property instructs electric business to platform stops to sell afore-mentioned products and delete relevant link lawfully.
[characteristic] as patent of domain of electronic business affairs sham behavior grow in quantity, the sham action that involves a kind of product often happens in platform of business of much home appliance, need administration executes the law operator of business affairs of platform of business affairs of branch, electron, electron and consumer joint efforts, reduce sham behavior, build favorable battalion business environment.
[expert brief introduction]
Liu Chao
Law of institute of fair canal of university of the Chinese Academy of Sciences and intellectual property fasten an associate professor, hold law of Chinese science and technology concurrently to learn artificial intelligence way only appoint conference vice director holds standard of secretary-general, international concurrently to organize ISO brand to evaluate technical committee (ISO/TC 289 Brand Evaluation) register law of science and technology of expert, China director of seminar of intellectual property of can standing director, China. Basically research a field: Law of intellectual property law, science and technology.
[the expert is unscrambled]
This case is worth to pay close attention to have the following at 3 o'clock:
The first, group sex built false incident to reflect the two big chronic illness of platform of business of our country cable
-- sham behavior and sincere letter culture are short of intellectual property break
Intellectual property protection is the does not go difficult problem of brandish of platform of business of our country cable. This group sex is sham and patent case, the two big chronic illness that reflected platform of business of our country cable -- sham behavior and sincere letter culture are short of intellectual property break. The sham and patent behavior of group sex, as a result of its selling quantity collective of big, platform does not control oneself, be decieved consumer is much wait for character, to trading order is mixed trade safe harm is big. This purifies the society of battalion business environment to administer difficult problem, need executes the law each square joint efforts such as platform of business of branch, cable and consumer.
The 2nd, administration executes the law to react quickly, fulfil group platform responsibility, upheld market order not only, also guided electric business platform to value business praise
Another intangible assets related to group option was ignored when patent of group of electric business platform makes a holiday -- business praise, the nearsightedness behavior of eager for quick success and instant benefit can bring extensive and long business praise loss. The processing of this case reflected administration to execute the law already tort of patent of domain of business affairs of electron of quick response, sudden blow is sham behavior advantage, also guide electric business to platform is respected and protect intellectual property and business at the same time through executing the law with conduct propaganda praise these two kinds of important intangible assets.
The 3rd, bring electric business platform to avoid revolution of new science and technology " into also Xiao He, be defeated also Xiao He " destiny, promote its standard of intellectual property protection, superintend at the same time, still need to guide
This case already ended, the successful example that provided an administration to execute the law to solve the difficult problem of does not go the tort that make a holiday of brandish of electric business platform, but what be worth to point out particularly is, revolution of new science and technology ever gave electric business platform flourishingly opportunity of survival, bringing electric business platform issues of more and more intellectual property protection, bring possibly also sadly " into also Xiao He, be defeated also Xiao He " the crisis. The revolution of science and technology of tremendous and successful profit from of electric business platform, but new the enormous pressure that revolution of round of science and technology may give electric business platform to bring life and death to live or die, for example product of technology of a few intelligence may bypass platform is mixed by consumer directly manufacturer makes complete commercial chain.
It is under such posture, although judge future hard in the new job condition of new technology, the position of electric business platform and destiny will how, but OK and affirmatory is, its long existent way is certain with bad of actor of environment of its battalion business, business praise protection of stand or fall, intellectual property loses by force and sincere letter spends on any account to wait closely related. And the promotion of these respects, it is the problem of electric business platform not just, also be our social problem, rely on electric business platform merely autonomic management ego is perfected and the government executes the law superintend insufficient still, what still need government, organism and consumer to wait for each is collective guide.
(bureau of Beijing intellectual property)
