The Beijing Higher People’s Court has recently announced top 10 typical intellectual property cases at the courts of Beijing in 2012, including a series of cases that have drawn extensive attention from the society, such as the “BMW” trademark infringement and unfair competition case, the copyright infringement case of Han Han v. Baidu Library, and Tsering drolma photography work copyright case. These cases involve many hot issues in the intellectual property field, such as fine art works, computer software, e-commerce and geographic indications.

The top 10 cases announced this time were carefully selected from over 10,000 intellectual property cases that received a final instance ruling from the three levels of courts of Beijing in 2012. Among the 10 selected cases, there are 5 copyright infringement cases, 4 trademark infringement and unfair competition cases, and 1 patent infringement case. As the cultural and creative industry and the commercial brand competition are attracting increasing concern during social and economic transition, new interests and stakeholders are emerging, the market pattern becomes more complex and diversified, and the intellectual property plays an increasingly prominent role in the development of the industry. Thus, the society has higher expectations for the intellectual property and pays more attention to it.

The “BMW” trademark infringement and unfair competition case ranks the first among the top 10 cases announced this time. The court finally supports the trademark owner’s claim for a total compensation which exceeds the maximum amount of the fixed compensation as prescribed by the Trademark Law, and the court also imposes civil sanctions against the infringer. The trial of this case demonstrates the determination and action of China’s courts to equally protect the legitimate rights of the Chinese and foreign intellectual property owners, to maintain a fair market order and to enhance the intellectual property protection. In the copyright infringement case of Han Han v. Baidu Library, the court’s ruling not only encourages the enterprises to maintain technological neutrality and development but also clarifies the constitutive requirements for the infringement of the right of communication through information network. The ruling for this case indicates that in the Internet era it is vital important for various stakeholders to voluntarily draw and maintain a boundary line between the rights and obligations, and it is also necessary to strengthen the protection of new subject matters of the intellectual property while fully enjoying the fruits of network technology.

Case 1: “BMW” trademark infringement and unfair competition case

Case 2: Copyright infringement case of Han Han v. Baidu Library

Case 3: Tsering drolma photography work copyright case

Case 4: “Zhoushan hairtail” certification trademark case

Case 5: Trademark infringement and unfair competition case concerning two trademarks “Tu Niu” (“途牛”)

Case 6: Invention patent infringement case concerning a “container cover” of a freshness-preserving container

Case 7: Microsoft software copyright case

Case 8: Copyright case concerning the magic trick “Tarantula”

Case 9: The 9th Edition of the People’s Radio Calisthenics copyright case

Case 10: “Le Coq Sportif” trademark infringement case

Publication date: April 6, 2013
Source: State Intellectual Property Office of the People’s Republic of China