100 Typical Cases of IPR Protection Announced by the Supreme People's Court

In order to implement the national IP strategy and give full play to the guiding roles of IPR judicial protection and summarize the experience of IPR judicial protection in an all round way, the Supreme People's Court selects 100 typical cases of IPR judicial protection to publicize on November 17.

"These typical cases are selected from those tried by the Supreme People's Court and those tried by local courts and recommended by various higher people's courts during the 30 years after China adopts the policy of reform and opening up to the outside world," says a related leader of Supreme People's Court. Some of the cases have caught wide attentions from the society with great social influences, and some have clarified the borders of laws, filled the gap in laws, promoted the progress of IP legislation and influenced the recognition and understandings of the social public and related departments to IP legal rules with great legal significance. More importantly, the consequences of the case handlings indicate the unification of legal and social effects with strong guidance significance and demonstration value.

These typical cases include 50 cases tried by the Supreme Courts such as Italian Ferrero Rocher (FERRERO S.p.A) suing Montresor (Zhangjiagang) Food, review of the unfair competition case of Zhengyuan Sales Co. Ltd. of Tianjin Economic-Technological Area, Beijing Jiayu Dongfang Wine Co. Ltd. suing China Grains and Oils Group Corporation and the case on appeal of trademark infringement of the first trial involving Nanchang Kaixin Sugar, Wine and Foodstuff Co. Ltd. and other defendants, and the 50 cases tried by local courts nationwide such as Beijing Silk Street Clothing Market Co. Ltd. suing French Chanel Joint Stock Company and the case on appeal of the first trial involving Huang Shanwang infringing the exclusive rights of registered trademarks. They also include civil, administrative and criminal cases involving patent, trademark, copyright, unfair competition and other types of cases.

The official of Supreme People's Court notes that these cases reflect the constant improvement of China's IPR judicial protection level during the 30 years of China's reform and opening up, which fully embody the process of the people's courts constantly strengthening their function of trying IP cases, constantly intensifying IPR protection and constantly increasing the capacity of IPR judicial protection. They demonstrate the guiding roles and the achievements of judicature in IPR protection and will actively promote the awareness of IPR protection throughout the society, establishing the sound image of the people courts of being just, serving the people heart and soul, protecting IPRs according to law and encouraging independent innovation.

 (Xinhua News Agency Reporter Yang Weihan)

2013-07-17