作者：何放 张玥 金杜律师事务所争议解决部
当今社会，企业及公民的知识产权意识逐渐增强。当权利受到侵害后，权利人可以提起民事诉讼，寻求民事救济；也可以向行政机构投诉，请求查处侵权行为。此外，某些触犯刑律的严重侵犯知识产权的行为，还会受到刑事制裁。那么，当权利受到严重侵犯时，权利人应该如何协助主管当局将侵权人扔进监狱呢？ Continue Reading 知识产权人如何协助主管当局将侵权人扔进监狱？
By Mia Qu King & Wood Mallesons’ Dispute Resolution group
By Ni Zhenhua King & Wood Mallesons’ IP group
On April 20, 2011, the Supreme People’s Court of the People’s Republic of China (the “SPC”) promulgated the Annual Report on Intellectual Property Cases (2010) (the “Annual Report”), which comprises the SPC’s 43 pieces of brief comments on 36 IP cases adjudicated by the same court in 2010. Based upon the nature of the disputes, the Annual Report is categorized into seven main categories, including: (1) Patent Cases, (2) Copyright Cases, (3) Trademark Cases, (4) Unfair Competition Cases, (5) IP Related Contract Cases, (6) IP Infringement Liability, and (7) IP Litigation Evidence and Procedures.
A number of automobile design patent infringement cases have been brought to Chinese courts in recent years, such as Honda v. Hebei Shuanghuan, FIAT PANDA v. Great Wall PERI, Neoplan v. Beijing Zhongtong Xinghua Automobile Selling Co., Ltd., et al. The hallmarks of these cases are not only the high value of the damages claimed and the importance of the outcomes which are dispositive to the market structure, but also the malleability of rule of law in the field of design patent infringement determination.
On April 21, 2009, China’s Supreme People’s Court promulgated its “Opinion on Several Issues Concerning Trials of IP Cases to Serve the Public Interest under the Current Economic Environment” In this Opinion, the Supreme People’s Court first clarifies that injunctive relief should not necessarily be granted in all intellectual property infringement cases. Under certain circumstances, the Court stated that an award of reasonable or sufficient damages can be an effective substitute for claims of injunctive relief.