10 typical cases of technical intellectual property rights in 2020 released by The Intellectual Property Court of the Supreme People’s Court of China
On February 26, at the press conference for the second anniversary of the establishment of the Intellectual Property Tribunal of the Supreme People's Court, 10 typical cases of technical intellectual property rights in 2020 were released.
1. Three cases of "anti-suit injunction" involving essential patents in wireless communication standard
The Intellectual Property Court of the Supreme People's Court made the first "anti-suit" behavior preservation ruling in the field of intellectual property by a Chinese court, and pioneered the application of the "daily fine" measure to ensure the execution of the behavior preservation ruling.
2. High-amount compensation in the case of "Vanillin" technology secret
The amount of compensation in this case was RMB 159 million, which is the highest infringement damage of trade secrets in the effective judgment of Chinese courts.
3. Punitive damages in "Kabo" technical secret case
This case employed the first punitive damages by the Supreme People's Court, and finally a penalty multiple of 5 times the statutory maximum multiple of punitive damages was determined.
4. NX computer software copyright infringement case
The case clarified the consequences of the litigation participants obstructing the preservation of evidence, and the performance of the accused infringer in the litigation was taken into consideration in determining damages.
5. "Selfie stick" utility model patent batch protection series cases
The Supreme People's Court has increased the penalties for infringements against manufacturers that are the source of infringement, and encourages patent holders to directly trace the source of infringing product manufacturing.
6. "Secondary lithium ion battery" invention patent invalidation case
The case clarified the criteria for judging whether a claim with two or more different numerical ranges jointly defined the scope of protection can be supported by the specification.
7. Two cases of crossover between the civil and administrative patent litigations for the "method of accessing portal website"
The Intellectual Property Tribunal of the Supreme People's Court has given full play to the advantages of the unified trial of civil and administrative appeals of intellectual property rights, and solved the problem of idling and delay of procedures that may be caused by the overlapping of procedures, as well as the problem of inconsistent interpretation of claims.
8. "Lithium battery protection chip" integrated circuit layout design infringement case
This case is the first second instance of disputes over infringement of the exclusive rights of integrated circuit layout designs accepted by the Supreme People's Court. This case has guiding significance for regulating the innovation and development of the integrated circuit industry.
9. Bosheng Company involved in the preservation case of "T-mall" reverse behavior
This case is the first time the Supreme People's Court has made a reverse behavior preservation case. The application of dynamic security funds has well balanced the interests of the patentee, the accused infringer and the e-commerce platform operator.
10. "Bricks and Tiles Association" Monopoly Case
The case clarified that the voluntary implementers of the horizontal monopoly agreement are not the objects of the anti-monopoly law's intended relief, which is of great significance for cracking down on horizontal monopoly behavior in accordance with the law and maintaining fair competition order.
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