Typical cases of intellectual property rights:

1. Infringement of well-known trademarks

Case: Louis Vuitton Maritti is a world-famous luxury company, dealing in luggage, leather products, clothing, shoes, cosmetics, perfumes, watches, ornaments and other high-end goods. Registered trademarks have been recognized as well-known trademarks by judicial organs and trademark administrative organs in China. The two markets involved are the larger wholesale and retail places of department stores in this city.

in 212, Louis Vuitton Maritti notarized and purchased a number of goods (luggage, leather products, etc.) infringing the trademarks involved in the case in two markets, and informed the markets in writing. In 213, a number of infringing goods were purchased from two major markets, most of which were repeated infringements. The court of first instance ruled that the two markets stopped the infringement and compensated Louis Vuitton Maritti for 6, yuan and 9, yuan respectively.

Louis Vuitton Maritti appealed to the High Court. The court of second instance facilitated the two parties to reach a mediation agreement, and the two markets took the initiative to increase the compensation amount to more than 1, yuan and 14, yuan respectively.

The court also actively assisted the market managers to further standardize the market order, strengthen market management, and urged the market managers to modify the lease contracts and market management systems signed with all merchants in the market, added provisions on intellectual property protection, and set up the liquidated damages of infringing merchants as an intellectual property protection fund for special purposes.

typical significance: strengthening the judicial protection of intellectual property rights, strictly grasping the standard of damages and reasonably determining the amount of compensation reflect the judicial attitude of Tianjin courts to strengthen intellectual property protection according to law.

mediation through litigation can help both parties reach a settlement, which not only protects the legitimate interests of trademark owners, but also stops the spread of intellectual property infringement in the market involved. In particular, it is of great significance for market managers to raise their awareness of intellectual property protection, establish rules and regulations, and standardize market management and business practices according to law, so as to create a good legal environment and promote the healthy development of market economy.

2. Case of selling goods with counterfeit registered trademarks

Case: In 22, Baimou registered and established a hardware bearing trading co., Ltd., whose business scope is hardware and bearing products. Since 27, Baimou has privately purchased counterfeit bearing products with registered trademarks such as SKF and NSK from Shandong and other places at low prices without the authorization of SKF (China) Co., Ltd. and Ensk Investment Co., Ltd.

sell some fake bearings to others in its leased warehouse. In the meantime, Baimou also used tools such as laser coding machine, hot melt glue gun and film template to transform some domestic bearings into trademarks such as SKF and NSK, and sold them as counterfeit imported bearings. After the report, the public security organ arrested Baimou on June 12, 212, and seized bearing products with counterfeit SKF and NSK registered trademarks in its warehouse on the spot.

based on the statistics and accounting of the counterfeit bearing products seized by the public security organs, the appraisal department made an appraisal conclusion: among the 1,277 records of seizure of bearings indicated in the Seizure List, 963 records involved 65,16 sets of bearings with a total purchase price of 2,259,859.22 yuan and a total sales price of 3,82,17 yuan.

the purchase price of 69 sets of bearings involved in p>16 seizure records totaled 45,13 yuan, and the sales price of this part was determined as 49,643 yuan. The sales price * * * is 3,131,75 yuan. After trial, the court decided that the defendant Bai was guilty of selling goods with counterfeit registered trademarks, sentenced to 2 years in prison and fined 1.5 million yuan; The case of counterfeit imported bearing products and counterfeit tools was confiscated according to law.

typical significance: in order to obtain illegal benefits, the defendant in this case sold bearings with counterfeit registered trademarks of others, with a sales price of 3.13 million yuan. His behavior constituted a crime of selling goods with counterfeit registered trademarks according to law, and the amount was huge. He should be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and fined.

Because the fake imported bearing products stored by it were seized in time and failed to be sold according to law, it is an attempted crime. For the attempted crime, it can be given a lighter punishment or a lighter punishment according to the accomplished crime, and Bai can truthfully confess the crime after being brought to justice, and voluntarily plead guilty in court, which can be given a lighter punishment according to law; You can also pay part of the fine, which can be given a lighter punishment as appropriate.

based on the above sentencing circumstances, the court strengthened the criminal protection of intellectual property rights in accordance with the law, and played the role of criminal trial and punishment and prevention of crimes against intellectual property rights.