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INSIGHTS CASE
2023 Shanghai Courts Strengthen Intellectual Property Protection with Notable Cases

2024/5/27 9:42:52

Recently, the Shanghai Higher People's Court announced typical cases from 2023 that demonstrate strengthened intellectual property protection in Shanghai. The cases involved well-known companies like Tesla and Wanda, as well as popular trademarks and IPs like "Lingna Belle" and "Real Madrid." They covered hot issues such as piracy of "Script Murder" games and "article washing" by self-media. Judicial protection has been intensified, highlighting the effectiveness and efficiency of the measures.


1、Infringement of "Tesla" Trademark Rights and Unfair Competition Case

The court fully supported the plaintiff's claim for statutory maximum compensation, totaling 5 million yuan.


2、Infringement of "Sports Institution" Patent Rights Case

The defendant knowingly continued infringing actions within the scope of the patent protection, resulting in a final compensation of over 12 million yuan.


3、"Haode Machinery" Business Secret Comprehensive Protection Series Case

This series of cases utilized a coordinated approach across civil, administrative, and criminal procedures to effectively prevent procedural idling.


4、Copyright Infringement Case of "Script Murder" Boxed Scripts

The boxed scripts of "Script Murder" are original intellectual creations that can be expressed in a certain form and fall under the category of literary works, thus deserving legal protection.


5、Copyright Infringement Case Involving Counterfeit "Lingna Belle" Dolls

The decision to set the sentence within the highest criminal framework reflects the court's stance on equally protecting the lawful rights of domestic and foreign rights holders.


6、Continuous Implementation of Business Secret Infringement by Changing Entities Case

Infringers in business secret disputes often use methods like anonymous investment and changing the controlling entity to conceal infringement, with facts not aligning with normal market operations suggesting a connection in the acts of infringing business secrets.


7、Infringement of "Real Madrid" Trademark Rights and Unfair Competition Case

This case involved foreign elements and a substantial subject amount, laying a solid foundation for regional enterprises' domestic and international cooperation.


8、Self-Media Blogger Copyright Infringement Dispute Case

Legitimate citation and reference of scientific viewpoints do not constitute plagiarism. However, converting text, video, images, and other work forms to evade liability does not change the nature of plagiarism.


9、Infringement of "Wanda" Company Name and Unfair Competition Dispute Case

This case is significant in regulating the behavior of private bond issuers, protecting investors' lawful rights, and fostering a healthy private investment and financing market environment.


10、"Wufeng" Trademark Administrative Penalty and Administrative Review Dispute Case

Although registered with the "Wufeng Integrated" and "Wufeng Xuanran" trademarks, prominently using "Wufeng Integrated" and displaying "Wufeng Xuanran" in a smaller font constitutes an infringement of the exclusive rights to the "Wufeng" registered trademark.