Office of Judge Chen HuizhenInvited Business Representatives of Zhangjiang High-tech Zone to Observe Trials at Shanghai Intellectual Property Court

Recently, the business representatives of nearly 10 companies from Zhangjiang High-tech Industrial Development Zone, including Shanghai Dahan Tricom Corporation and Shanghai Intellectual Property Park, witnessedthe trial of a dispute case heard by the Shanghai Intellectual Property Court (hereinafter referred to as SIPC). In the case, the Appellant Fisher Technology Co., Ltd., appealed against the Appellee Shanghai Yaxun Intelligent Robot Technology Co., Ltd. and Shanghai Dongfan AIDS Limited, for copyright infringement and unfair competition. The Appellant (the plaintiff of the first trial) Fisher Technology Co., Ltd. is a company registered in Germany and a world-known manufacturer of assembled modelswith engineering technology for brain training and entertainment. The involved products whose intellectual property rights were infringed included multiple assembling components. Consumers can, by following the assembling proceduresin the enclosed installation instructions, build 30 different static modelsimitating different mechanical structure principles. The disputes ofthis case focused onwhether the 30 static models constituted works, whether the model parts sold by the Appellee constituted infringement, whether the Appellee's imitation of the Appellant's commodities, including color, components and serial number, constituted unfair competition, and whether the amount of compensation determined by the court was reasonable. After more than two hours of trial, the parties fully expressed their opinions respectively centeringonthe above-mentioned focuses of dispute. The chief judge of this case was Judge Chen Huizhen. The collegiate bench made a thorough investigation into the facts of the case and would make a verdict on a chosen day after the review. The business representatives who observed the trial said that witnessingthe trial in the court helped to enhance their awareness and capabilityof intellectual property creation and protection. They hoped that they couldhave more opportunities to enter the court and see with their own eyes what the rule of law is about. SIPCwill continue to useOffice of Judge Chen Huizhen as a platform to strengthen the publicity of the rule of law in intellectual property rights protection, contributing to the construction of an international, law-based and convenient business environment.

 

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