[Shanghai Legal Daily] Shanghai Intellectual Property Court Made the First Riding Circuit in Science and Technology Park, Further Strengthening the Convergence of Administration and Judicature Shanghai Intellectual Property Court Made the First Riding Circuit in Science and Technology Park, Further Strengthening the Convergence of Administration and Judicature April 18, 2018 Shanghai Legal Daily A03: Voice Reporters: Hu Diefei; Correspondent: Chen Yingying At 13:00, April 17, vehicles were ready to be sent out in front of Shanghai Intellectual Property Court, and assistant judges were busy carrying the case files and computers to cars. The destination was China (Pudong) Intellectual Property Protection Center. At 14:00, Shanghai Intellectual Property Court opened a public hearing on an appeal of trademark infringement dispute concerning “Sulwhasoo” here, attended by the staff of the Center and representatives of more than 30 enterprises. It’s learned that this was first riding circuit held by Shanghai Intellectual Property Court. The plaintiff in the case was AMOREPA-CIFIC CORPORATION, the sole company that had the exclusive right to use registered trademarks “雪花秀” and “Sulwhasoo” in Chinese mainland. It found that a cosmetics company and a chemical factory in Shanghai used “雪莲秀” and “Sulansoo” marks on the cosmetics they produced and sold without the approval of the plaintiff, which were similar to the plaintiff’s Chinese and English trademarks. Hence, the plaintiff brought two defendants to court for infringement upon its exclusive right to use the registered trademarks. After the trial, court of first instance held that the defendants’ act infringed upon the plaintiff’s exclusive right to use the registered trademarks involved and they should compensate for the plaintiff’s economic losses amounting to RMB 500,000 and reasonable expenses totaling RMB 47,000. Refusing to accept the ruling, they appealed to Shanghai Intellectual Property Court. So, is “雪莲秀” infringing upon the exclusive right to use the registered trademark “雪花秀”? The court conducted a factual investigation and allowed both the appellant and the appellee to make a full argument. The trial was presided over by Li Shulan, experienced Presiding Judge and Vice President of Shanghai Intellectual Property Court, ended in more than one hour at a regular, orderly and compact pace. After the trial, Judge Ding Wenlian, National Adjudication Expert, explained to the enterprise representatives the judgment criteria for trademark infringement and the prevention of trademark infringement risks by referring to the case heard on that day. The case study enabled enterprises to further learn about the value and ways of trademark protection. At the lecture, enterprises representatives also raised questions about their confusions encountered in intellectual property protection, which Judge Ding Wenlian answered one by one. China (Pudong) Intellectual Property Protection Center is a comprehensive intellectual property platform of the State Intellectual Property Office located in Pudong, Shanghai. As the first riding circuit held by Shanghai Intellectual Property Court, this circuit was a useful attempt to implement the cooperation mechanism established with China (Pudong) Intellectual Property Protection Center in November 2017, which further strengthened the interaction between judicature and administration, produced the effect of comprehensive protection of intellectual property rights, and would help to promote the construction of China (Pudong) Intellectual Property Protection Center, fully serve the two national strategies concerning the construction of China (Shanghai) Pilot Free Trade Zone and Shanghai Technology Innovation Center, and provide strong support for building an IP power. It forms a whole chain of intellectual property creation, application, protection, management and services, which integrates fast examination, fast right verification, fast right protection, efficient operation, public services and personnel training, etc. The circuit trial is a useful attempt of Shanghai Intellectual Property Court to implement the cooperation mechanism established with China (Pudong) Intellectual Property Protection Center in November 2017, which further strengthened the interaction between judicature and administration, produced the effect of comprehensive protection of intellectual property rights, and would help to promote the construction of China (Pudong) Intellectual Property Protection Center, fully serve the two national strategies concerning the construction of China (Shanghai) Pilot Free Trade Zone and Shanghai Technology Innovation Center, thereby providing strong support for building China an IP power. “This was also my first attempt to try intellectual property cases out of court over the past two decades,” Judge Ding Wenlian said.
