Foreign firms winning most infringement trials
By Zhao Wen |
April 26, 2012, Thursday
|
Print Edition
Print Edition
ABOUT 86 percent of foreign companies won their lawsuits over infringement of their intellectual properties in Shanghai last year, according to a white paper released by the Shanghai Higher People's Court yesterday.
According to the paper, Shanghai courts settled 147 foreign-related infringement cases that went to trial last year, with more than 71.16 million yuan (US$11.29 million) involved. Judges ruled on 65 cases with 56 in favor of foreign companies, the paper said.
In one case, Diageo, the maker of Johnnie Walker, won 120,000 yuan compensation from two Chinese companies that used the Scotch whisky's name on their olive oil skin-care products.
Last year, Shanghai courts accepted 174 infringement cases involving parties from Hong Kong, Macau, Taiwan and foreign countries such as the United States, France and Japan. The number was 16.3 percent lower than in 2010.
Conversely, the number of cases throughout China involving companies from Hong Kong, Macau, Taiwan and foreign countries was up 4.7 percent last year compared to 2010.
"This was merely because we received fewer cases," said Ding Wenlian, an intellectual property judge with the higher court.
Ding said local courts accepted a total of 3,274 infringement cases last year and foreign-related cases accounted for only about 5 percent.
But local lawyers say the decrease related to the compensation amounts ruled by Shanghai courts, which always left their clients unsatisfied.
"As lawyers, we would advise our clients to file infringement suits in other cities such as Wenzhou in Zhejiang Province where they could get higher compensation, on the premise that we are able to get infringing evidence there," said Liu Chunquan, a Shanghai lawyer.
Liu said the highest compensation ruled by a Shanghai court was no more than 3 million yuan while in Wenzhou the compensation amounted to as high as 20 million yuan.
Ding told Shanghai Daily he disagreed with this reason, noting that the higher court invites executives from top companies in Shanghai to discuss IP problems every year.
According to the paper, Shanghai courts settled 147 foreign-related infringement cases that went to trial last year, with more than 71.16 million yuan (US$11.29 million) involved. Judges ruled on 65 cases with 56 in favor of foreign companies, the paper said.
In one case, Diageo, the maker of Johnnie Walker, won 120,000 yuan compensation from two Chinese companies that used the Scotch whisky's name on their olive oil skin-care products.
Last year, Shanghai courts accepted 174 infringement cases involving parties from Hong Kong, Macau, Taiwan and foreign countries such as the United States, France and Japan. The number was 16.3 percent lower than in 2010.
Conversely, the number of cases throughout China involving companies from Hong Kong, Macau, Taiwan and foreign countries was up 4.7 percent last year compared to 2010.
"This was merely because we received fewer cases," said Ding Wenlian, an intellectual property judge with the higher court.
Ding said local courts accepted a total of 3,274 infringement cases last year and foreign-related cases accounted for only about 5 percent.
But local lawyers say the decrease related to the compensation amounts ruled by Shanghai courts, which always left their clients unsatisfied.
"As lawyers, we would advise our clients to file infringement suits in other cities such as Wenzhou in Zhejiang Province where they could get higher compensation, on the premise that we are able to get infringing evidence there," said Liu Chunquan, a Shanghai lawyer.
Liu said the highest compensation ruled by a Shanghai court was no more than 3 million yuan while in Wenzhou the compensation amounted to as high as 20 million yuan.
Ding told Shanghai Daily he disagreed with this reason, noting that the higher court invites executives from top companies in Shanghai to discuss IP problems every year.
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