Innovation on the "Cloud" - Record of the Judicial Protection of Internet Intellectual Property Related to the Innovation of Guangzhou Internet Court

2023-04-23

Pazhou Island, known as the "Silicon Valley" in Guangzhou, is a true Internet innovation agglomeration area. It is home to a cluster of internet leading enterprise headquarters, a complete industrial service system, and an excellent innovation and entrepreneurship environment. 34000 enterprises such as Tencent, Alibaba, and Xiaomi have settled in, including 210 technology-based small and medium-sized enterprises and 331 high-tech enterprises. In 2022, the main revenue exceeded 400 billion yuan. The Guangzhou Internet Court is located on the 52nd floor of a 5A level office building in Pazhou, known as the "cloud based" court. In recent years, the Guangzhou Internet Court has been continuously deepening its efforts in the "experimental field" of internet intellectual property rights, enhancing the judicial supply of digital culture industry in the "cloud", and using the power of internet justice to promote high-quality development of the digital economy. The "New" Protection, "New" Protection, and "Search for the Same Product" are new technologies that facilitate online shopping. Through "Search for the Same Product", users can find the same product sold by different online stores, and consumers can choose the product with higher cost-effectiveness. But in the eyes of a women's clothing company, "searching for the same model" makes them "unable to express their pain". "Judge, the defendant company sells 99 types of clothes that are the same as ours, and we will sue the defendant company for unfair competition!" A women's clothing company found that the defendant company sells the same clothes at less than one-third of its price. Judge Zhou Yang told the reporter that unfair competition cannot be identified simply because of the large number of copied clothing styles. The case seems simple, but the legal issues involved are actually complex. The investigation found that the women's clothing sold by the plaintiff has a certain influence in the market. The defendant used the technical characteristics of "searching for the same model" to match the style, photos, matching, and promotion with the plaintiff, in order to improve the success rate of "searching for the same model". A number of consumers asked the plaintiff's customer service whether the plaintiff and the defendant were related to each other. This counterfeit behavior led consumers to mistakenly believe that the defendant's women's clothing was identical to the plaintiff's women's clothing in style and quality, which disrupted the market competition order. The court finally found that the defendant company constituted unfair competition of confusion, and awarded a compensation of 905000 yuan. "This is the first case of unfair competition in China that identified plagiarism of clothing styles as a confusion, and the confusion of quality recognition relations has been included in the category of anti unfair competition, which is very useful for similar cases." Kong Xiangjun, president of the Institute of Intellectual Property and Competition Law of Shanghai Jiaotong University, said. The application of new technologies may generate new types of disputes while providing convenience for daily life. Continuously seeking solutions to difficult problems and bravely setting the new technological tide are the goals that judges have been striving for. In order to better adjudicate new disputes brought about by new technologies, in September 2021, the Guangzhou Internet Court established the first professional collegial panel for data disputes in China, focusing on areas such as data property rights, personal information protection, internet competition order, and artificial intelligence technology. Since the establishment of the data dispute professional collegial panel, a total of nearly 600 data dispute cases have been heard, including data property rights, internet competition order, and digital libraries. The development of the "ZHI system" intelligent judgment information network is rapidly changing, with a wide range of apps and information products and services provided, forming an important part of the digital economy. The small app icon has gradually become a new type of commercial logo, carrying important goodwill. A certain company operates a domestic and foreign product

Edit:Ying Ying    Responsible editor:Jia Jia

Source:rmfyb.chinacourt.org

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