Wang Mazi, Lei Yunshang, Xisi Baozi shop ... Judicial protection brighten the "golden business card" for the protection of the old name

Author:Beijing France Time:2022.08.02

"Horses from the top of the head, step on the inner liter, wearing Ruizhenxiang, and the waist entangled in the four major constant." A ballad of a century ago depicts the life scene of the old Beijing, and also conveys the old name in history and culture and the development of industrial development. The temperature and meaning in the middle.

In order to serve the capital to promote the construction of the national cultural center, the judicial protection of the old -fashioned brand is integrated into a major articles on the capital culture. On August 2, the Beijing Intellectual Property Court held a press conference and released the trial of the old -fashioned cases since the establishment of the court. Representatives of the National and Beijing People's Congress, the representative of the Chinese Trademark Association Old Brand Trademark Association, and representatives of the Zhejiang Old name Association participated in the conference on the spot. More than 30 media reporters and nearly 800,000 netizens paid attention to online.

Song Yushui, a member of the Party Group, Deputy Dean and Director of the Political Department of the Beijing Intellectual Property Court

With the continuous enhancement of the development of the old -fashioned size, the number of disputes involved in the old -fashioned number continued to increase. It is understood that the Beijing Intellectual Property Court was established to May 31, 2022, and a total of 490 cases involving old -fashioned samples were concluded. The winning rate of the right holders of the administrative case involved in the old -fashioned account reached 64.1%, and the maximum amount of claims in civil cases reached 30 million yuan. Based on judicial practice, the hospital found that the old -fashioned brands generally have three risks in the process of business. "First, due to the unclear boundaries of rights, the dispute over the ownership, and the other is that the brand value is faced with the risk of losing the brand value due to poor management or interruption. . "Song Yushui, a member of the party group, deputy dean and director of the political department of the hospital.

Zhang Xiaoxia, Director of the Trademark Committee of the Beijing Intellectual Property Court and president of the trial second court

At the press conference, the Beijing Intellectual Property Court selected a typical cases from the old -fashioned trademark cases and uniform competition cases in the past three years. For example, in the "Lei Yun Shang" trademark administrative case, the two companies that have helped both have been identified as "Chinese time", and clarified the historical revolution and inheritance relationship of the 300 -year -old history "Leiyun Shang Fen Tang". Clearing the brand boundaries fully protect the established market structure and brand goodwill of the old -fashioned brand. In the case of "West Four Baozi Shop" inappropriate competition, the brand goodwill formed by the evidence of the case to determine the "West Four Baozi Shop" continued to exist, maintaining the rights and interests of Huatian's company to the "West Four Baozi Shop" brand. Essence In the case of "One Pavilion" infringement of trademark rights and unfair competition, it will increase the blow to infringement of trademark rights and improper competition in accordance with the law, reasonably and legally determine the amount of compensation for the calculation of damages and reflect the value of the old brand brand, and maintain the old -fashioned brand name Brand goodwill.

Beijing Intellectual Property Court Trial Fan Mido

Du Wenting, Assistant to Judge of the Second Tribunal of the Beijing Intellectual Property Court

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In response to the risks facing the protection of the old brand, the Beijing Intellectual Property Court made three suggestions.

1. It is recommended to improve its own property rights system and reasonably divide the relationship and the boundaries of rights. At the same time, it can rely on the Internet to rationally carry out domestic and overseas intellectual property disputes through identification methods such as traceability, real -time monitoring, and market big data.

2. It is recommended that the market competition subject adheres to the principle of fairness and integrity to carry out business activities, respects autonomy and intellectual property rights of others, and jointly create a good and orderly business environment.

3. It is recommended that all parties actively build a "full -chain" protection pattern and work together to curb infringement. The court will strengthen the coordination and connection of judicial and administrative law enforcement, increase the governance of the source of complaints, and crack down on the violations of the old -name intellectual property violations from the source.

"The old name is connected to the splendid culture and long history of the Chinese, and the high -quality development of the economy and society is connected. In the next step, the Beijing Intellectual Property Court will continue to increase the trial of the old -fashioned cases, and guide the old -fashioned subject to better create both traditional Chinese characteristics. The national brand with international influence leads the high -quality development of the judicial protection of intellectual property with new development concepts, and shows national self -confidence and cultural self -confidence. "Song Yushui said.

The notification meeting was chaired by Zhang Xiaoxia, director of the Trademark Committee of the Beijing Intellectual Property Court and president of the second court of trial. Fan Midori, the second court judge, and Du Wenting, a judge assistant, issued a typical case and answered reporters.Typical Case

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