Beijing Intellectual Property Court increases punishment for infringement and illegal activities
2024-11-15
On November 6th, the Beijing Intellectual Property Court released the White Paper on Ten Year Trial Work (hereinafter referred to as the "White Paper"). On November 6, 2014, the Beijing Intellectual Property Court officially began its duties. Over the past 10 years, the court has accepted more than 200000 cases and has increased the punishment for intellectual property infringement and illegal activities. Punitive damages have been applied in 16 cases, with the highest amount of compensation awarded reaching 70.56 million yuan. Beijing Intellectual Property Court, based on its professional judicial function in intellectual property, strictly and prudently applies punitive damages. Since the comprehensive establishment of the punitive damages system in the field of intellectual property, the Beijing Intellectual Property Court has applied punitive damages in a total of 16 cases, with an average judgment amount of 12.308 million yuan and a maximum judgment amount of 70.56 million yuan, effectively curbing infringement and stimulating innovation. In the "Ordos" trademark infringement case, the court clearly clarified the rules for the application of punitive damages and was rated as a typical case of punitive damages in civil cases of intellectual property infringement by the Supreme People's Court. In the Chanel trademark infringement case, the top tier applied a punitive damages multiple of five times, making the infringer pay a heavier price and establishing a clear direction of strict and fair justice. In actively adopting temporary protection measures in accordance with the law, the Beijing Intellectual Property Court fully utilizes the effectiveness of the system of behavior preservation, property preservation, and evidence preservation, adheres to the principle of balancing timely and prudent protection, correctly reviews the parties' behavior preservation applications, and achieves the effect of timely and prudent protection. In the pre litigation preservation case of "The Voice of China", the court fully considered the possibility of infringement of the accused behavior and the urgency of irreparable damage to the legitimate rights and interests of the rights holder, and promptly issued an injunction, effectively safeguarding the interests of the rights holder. In the patent infringement case of "ancient building color painting production method", we actively communicated with the National Cutural Heritage Administration about the preservation of evidence, entered the national key cultural relics protection units to timely and prudently fix the evidence, reduce the burden of proof of obligees, and effectively protect the legitimate rights and interests of innovators. In addition, the Beijing Intellectual Property Court has severely cracked down on dishonest behavior in accordance with the law. The court strictly implements the requirements of the "Opinions of the Central Committee of the Communist Party of China and the State Council on Promoting the Development and Growth of the Private Economy" to "severely crack down on illegal activities such as malicious trademark registration, and safeguard the development and growth of the private economy". It regulates malicious trademark registration in accordance with the law, publishes typical cases of malicious trademark registration, and regards the principle of good faith as an important factor in judging the legality and legitimacy of trademark registration, use, and protection, actively maintaining the order of trademark registration and market competition. In the administrative case of revocation review of the trademark rights of "Jiajia JIAJIA and Tu", the first penalty for perjury submitted by the trademark owner was issued, severely cracking down on dishonest litigation behavior. (New Society)
Edit:Rina Responsible editor:Lily
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