Data map. Screenshot from the Apple App Store.
China News Service Client, April 25 (Reporter Wu Tao) Recently, the Jiangsu Provincial Higher People's Court released the top ten typical cases of judicial protection of intellectual property in Jiangsu courts in 2019.
Among them, regarding Suzhou Snail Digital Technology Co., Ltd. v. Chengdu Tianxiang Interactive Technology Co., Ltd. and Beijing Aiqiyi Technology Co., Ltd. in the case of copyright infringement disputes, the Jiangsu High Court held in the second instance that the game "Flower Thousand Bone" violated the copyright of the game "Tai Chi Panda". It is also determined that "plastering" plagiarism constitutes a copyright infringement case.
The profits obtained by the two defendants in the development and operation of the game "Flower Thousand Bone" have obviously exceeded the amount of compensation claimed by the snail company. On the basis of this, the nature of the infringement and the circumstances of the infringement of the two defendants are comprehensively considered. The 30 million yuan litigation claim is supported.
The Jiangsu High Court stated that it should pay attention to the punishment orientation and give full play to the role of punitive compensation to punish infringements and prevent further infringements. Continue to increase damage compensation and significantly increase the cost of infringement.
According to the case disclosed by the Jiangsu High Court, the trademark infringement case with the highest compensation amount was the concluded Xiaomi Company v. Zhongshan Pentium and other trademark infringement and unfair competition cases.
In this case, the infringers deliberately imitated the well-known trademark of "Xiaomi" in many fields, and the infringements were obviously malicious, the infringement circumstances were insignificant, the infringement amount was huge, and the infringement consequences were serious. Yuan and more than 400,000 yuan of reasonable expenses compensation claims.
In addition, the case of Focus Company v. Baidu Company infringing the right of information network dissemination was concluded, clearly defining the degree and scope of network service providers ’attention obligations, clarifying the protection boundary of information network dissemination rights in the context of new technologies such as cloud storage, and balancing the network involvement The interests of all parties in the disk service are conducive to ensuring the proper use of new network tools by the public and promoting the development of Internet technologies such as network disks and cloud disks.
According to the Jiangsu High Court, overall, from the perspective of the types of cases, the proportion of copyright disputes in the first-instance cases is still in the first place. New types of disputes in the Internet field have occurred frequently. Trademark rights and technical disputes have declined to varying degrees. Disputes over management rights have increased significantly.
Among the 16,688 newly-received first-instance civil cases of intellectual property rights, 7,298 were copyright disputes, accounting for 43.7%. Among them, the number of cases of infringement of the right to disseminate the information network is based on the rapid growth in 2018, and it still shows a high growth trend in 2019, with an increase of 132.65%. (Finish)