The Supreme Court has released intellectual property cases covering areas such as copyright and anti unfair competition

2023-12-21

In order to actively explore the rules and methods of judgment that comply with the laws of intellectual property cases, the Supreme People's Court today released eight guiding cases on intellectual property, covering various fields of intellectual property and competition such as patents, copyrights, integrated circuit layout design, anti unfair competition, and anti-monopoly. Among them, Guiding Case No. 217, "Cixi Bomou Plastic Products Co., Ltd. v. Yongkang Lianmou Industry and Trade Co., Ltd., Zhejiang Tianmou Network Co., Ltd., etc.," clarifies the judicial review rules for the defendant's application for reverse action preservation and provision of guarantees in intellectual property infringement disputes involving e-commerce platforms. Guiding Case No. 218, "Suzhou Saimou Electronic Technology Co., Ltd. v. Shenzhen Yumou Technology Co., Ltd. and others for infringement of exclusive rights in integrated circuit layout design," clarifies the nature of the registration behavior of integrated circuit layout design and the rules for determining the originality of layout design. Guiding Case No. 220, "Jiaxing Zhongmou Chemical Co., Ltd., Shanghai Xinmou New Technology Co., Ltd. v. Wang Group Co., Ltd., Ningbo Wangmou Technology Co., Ltd., etc.," clarifies the rules for determining the use of all technical secrets and calculating the amount of damages for intentional infringement. Guiding Case No. 221, "Zhang Xunxun v. Yibin Hengmou Investment Group Co., Ltd., Yibin Wumou Building Materials Industry Co., Ltd., and other monopolistic disputes", clarifies the rule that the losses incurred by operators participating in horizontal monopoly agreements during their participation and performance are not protected by law. Guiding Case No. 223, "Zhang Long v. Beijing Butterfly Culture Communication Co., Ltd., Cheng, and Ma for Infringement of the Right to Network Communication of Work Information," clarifies the rules for determining jurisdiction in civil disputes over infringement of the right to network communication of work information. Guiding Case No. 224, "A Dispute over the Infringement of Work Information Network Communication Rights by a Certain Beauty (Tianjin) Image Technology Co., Ltd. v. Henan Moulu Bee Industry Co., Ltd.," clarifies that in the case of a dispute over copyright ownership, the rules of proof for determining work copyright ownership cannot be based solely on watermarks or rights statements. The person in charge of the Supreme People's Court stated that in the next step, the People's Court will provide solid legal guarantees to accelerate the construction of an intellectual property strong country, better serve the construction of a new development pattern, and promote high-quality development. (Lai Xin She)

Edit:Wangchen    Responsible editor:Jia Jia

Source:GMW.cn

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