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Jiang Ying’s career as a judge

He has presided over nearly 200 intellectual property dispute cases, most of which were foreign-related, difficult or new types of cases, and had great influence on all walks of life. The case she tried on the conflict between the "Shangri-La" and "Coconut Style" designs and trademark rights was the first case in my country in which a design patent was requested to be declared invalid on the grounds of conflict with prior rights in accordance with the revised patent law. There is no precedent to follow, which makes the trial of the case difficult. After reading a large number of relevant papers, she gained a detailed understanding of the legislative background and a correct understanding of the original intention of the legislation. She proposed to follow the basic principles of protecting prior rights and confirmed that the act of applying for a design that conflicts with other people's prior well-known trademarks is immediate. The infringement behavior constituted an infringement of trademark rights, and was supported and affirmed by the collegial panel. The judgments in these two cases have received attention and praise from experts. In the "China Patent and Trademark" magazine published in Hong Kong, someone wrote an article and commented: "The judgment in the Shangri-La case provides a classic precedent for solving the difficult problem of conflict of rights in the field of intellectual property rights. , and opened up new ideas for problems that have long plagued the industry."

The case of copyright infringement and unfair competition between Sohu and Sina, my country's two major Internet portals, involves the ownership of rights and determination of infringement of 72 mobile phone pictures and 7 articles, as well as the determination of damage to the business reputation of competitors. The case attracted wide attention from the society, and the legal relationships involved were complicated and there was a lot of evidence. The trial alone lasted for 3 days, and the workload was very heavy. As the person in charge, Comrade Jiang Ying carefully read more than 20 case files, studied the case carefully, and put forward a well-founded solution, so that the case was successfully resolved and was widely reported by major media in Beijing. In the country's first dispute over confirmation of non-infringement of trademark rights involving the "Peter Rabbit" trademark that she presided over, she visited the relevant departments of the Industrial and Commercial Bureau and the Trademark Office many times, consulted relevant experts, and consulted a large amount of information. After many studies with the collegial panel, in the absence of legal provisions, the prerequisites for filing a lawsuit to confirm non-infringement were clarified for the first time in the form of a precedent. In the copyright infringement case against Beijing Rongbao Auction Co., Ltd., Qin Shaoyin applied the basic principles of copyright law and creatively proposed the principle that using works for auction purposes without the author's permission does not constitute copyright infringement.