Which Event Is 2007 China Top Ten IPR Event?

China's Intellectual Property Protection in China (IPR in China) started with democracy of some kind. Although 30 nominations of the events were already given, netizens can vote untill 12 o'clock of April 8. However, then IPR in China will decide 15 final candidate events according to the results of the vote and then the experts appraisal committee will determine the Top Ten Events. It gives a good overview of the events China deems important and is proud about.

The following the 30 candidate events are nominated:
1. Chinese century-long food brand “Wangzhihe” wins lawsuit against German company
2. NCA, MPS and MII jointly combat Internet piracy
3. Notice on time-honored brand ICH released
4. MOA releases plan for protection and development of new varieties of agricultural plants
5. SPC promulgates opinions on strengthening IPR trial
6. SIPO: revised Patent Law submitted to the State Council for examination
7. MOFCOM releases trial measures on brand appraisement and protection
8. No. 1 Document: strengthen IP protection in agriculture
9. China signs Singapore treaty on law of trademarks
10. SAIC promulgates measures on symbols of GI products
11. SPC hears Yamaha trademark infringement case
12. Chinese government releases China's Action Plan on IPR Protection 2007
13. New Interpretation issued to enhance criminal protection of IP
14. U.S. petitions WTO for China's IPR issues
15. Shanghai seizes illegal audio-video product hideouts
16. China, U.S. customs sign memorandum on IPR law enforcement
17. China announces selected intangible cultural heritage inheritors
18. WCT and WPPT comes into force from June 9
19. China Customs awarded for anti-counterfeit, piracy efforts
20. China's first IPR-related case of online game in 2007: Zhengtu Private Server Case
21. China, U.S jointly launch "summer solstice" action
22. Proceedings against Japanese TV station launched
23. SAIC to combat misleading brands
24. SASAC convenes first IP conference of central enterprises
25. Implementation of IP Strategy clearly indicated in Hu Jintao’s speech
26. China ratifies protocol amending WTO's TRIPS agreement
27. Installation of genuine software in enterprises achieve remarkable results
28. China patent applications reach 4 million 29. China trademark registration hits 3 million
30. Amount of fake cigarette cases investigated by Fuzhou Customs ranks first

Read more and vote here.

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Supreme People's Court Orders Full-compensation Principle in All IPR Cases

"Courts should fully apply logical reasoning and everyday life experiences, and comprehensively and objectively examine the evidence for calculating the amount of compensation," SPC vice-president Cao Jianming told a national work conference on IPR trials in Jinan on February 20, 2008, according to the China Daily.

I don't know if the order or encourgagement to reason logically can have meaningful results. I think this has to be taught during law school and afterwards during the education permanente necessary for every lawyer and judge. But it is clear that the Supreme People's Court wants the judges to take everything into account and be not too formalistic.

The compensation calculated in the case Yamaha versus Zhejiang Huatian is described as a model. Read more about the Yamaha case of last year here.

Read the article 'New rules on payouts in IPR cases' of the China Daily via China.org.cn, read here. Head tip to Mr Jeff Roberts of CIPP's "IP News This Week", your 5-minute report of the latest IP news from around the world, read here.

UPDATE: Mr Thomas Chow of China Esquire wrote about and referred to a case that was decided by the Hangzhou Intermediate People’s Court and described by Mr Brad Luo of China Business Law Blog called 'G2000 v. 2000: Is 20 Million Yuan Enough for Trademark Infringement?', read here

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Supreme People's Court Awards Yamaha Highest Damages in Piracy Case

雅马哈

Shu-Ching Jean Chen wrote for Forbes the article 'Yamaha Copycat Crashes in Court'.

"The Chinese company, Zhejiang Huatian, registered a shell company in Japan’s remote Ishikawa prefecture in 2000 under the same three characters used by Yamaha to render its name in Chinese. This Japanese shell company then signed a licensing agreement with Zhejiang Huatian, allowing it to market its scooters in China under that name. Zhejiang Huatian went a step further by printing Yamaha’s name in English letters on its scooters. The Supreme People's Court awarded Yamaha the highest-ever damages for a piracy case in China involving a foreign investor, 8.3 million yuan ($1.1 million)."

Two local distributors, Taizhou Jiaji Motorcycle Distribution and Taizhou Huatian Motorcycle Distribution, were also found liable for their participation in the scheme.

Read Chen's article here.

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