On the occasion of the 26th World Intellectual Property Day, the Xuzhou Intermediate Court held a press conference on judicial protection of intellectual property rights, reporting on the status of IP judicial protection in Xuzhou courts for 2025 and releasing typical cases. Court officials Yue Cailing, member of the Party Leadership Group and Vice President, and Li Weifan, Presiding Judge of the Xuzhou Intellectual Property Tribunal, attended the event. The press conference was hosted by Chu Hongyan, Director of the Propaganda Department of the Xuzhou Intermediate Court.
Case 1: Combating Transnational Counterfeiting and Demonstrating Commitment to Cross-Border IP Protection A suspect named Luo met Zhao on an online platform in 2018 and discovered they could purchase highly realistic counterfeit hand-rolling cigarette papers of foreign知名brands at low prices, with 95% similarity to genuine products that made them difficult for non-professionals to distinguish. Sensing a business opportunity, Luo registered companies in Shenzhen and Hong Kong, placed bulk orders for counterfeit papers, and sold them overseas via cross-border e-commerce platforms under the guise of a technology company, earning substantial profits. As operations expanded, Luo became dissatisfied with mere reselling. In the second half of 2021, Luo partnered with Chen and others to invest in machinery, printing plates, and established a production facility, purchasing cigarette boxes, anti-counterfeiting labels, and raw materials to independently manufacture counterfeit papers for sale to multiple countries through cross-border e-commerce. The defendants built a complete domestic production and international sales chain through horizontal and vertical transactions. The court found 22 defendants involved in illegal business operations totaling 12.8617 million yuan, with over 2.07 million booklets of counterfeit papers and 2.246 million packaging materials seized. Eleven defendants were convicted of counterfeiting registered trademarks with particularly serious circumstances, four were convicted of knowingly assisting, and five of selling counterfeit goods. Two others were convicted of illegally manufacturing and selling counterfeit trademark identifiers. Sentences ranged from six months to four years imprisonment, with fines from 20,000 to 1.2 million yuan. Defendants reached a criminal settlement with rights holders, voluntarily compensating 7.01 million yuan.
Case 2: Risks of Circumventing Technical Protection Measures Defendants conspired to produce and sell chips that cracked Nintendo Switch consoles, bypassing digital signature verification and encryption measures protecting official games. The chip's破解program allowed operation of pirated games. One defendant编写the program, others manufactured and sold the chips, with sales exceeding 20 million yuan for the programmer and 36 million yuan for distributors. The court ruled that the technical measures were copyright-protected, and the chips' primary function was to circumvent these protections, constituting copyright infringement.
Case 3: Evidence Preservation and Mediation Foster Cooperation Bayer, a global agricultural technology company, sued a Chinese firm for patent infringement, alleging unauthorized use of its patented method to produce chemicals, seeking 50 million yuan in damages. The court conducted evidence preservation with technical investigators, minimizing disruption to the defendant's operations. Through multiple mediation sessions, the parties transitioned from litigation to cooperation, resulting in a settlement and withdrawal of the lawsuit.
Case 4: Distinguishing Between Propagation and Harvest Materials A defendant sold wheat labeled as "Zhongmai 578," claiming it was commodity grain, not seeds. The court found the wheat had dual characteristics as both propagation and harvest materials. As the defendant knew buyers intended to use it for planting and guaranteed germination rates, the sale constituted plant variety rights infringement.
Case 5: Protecting Local餐饮Brands to Boost Tourism A trademark owner of "Greenland Three Sheep" sued a restaurant for using a similar "Three Sheep" mark in烧烤services. The court found the defendant's use caused consumer confusion and ruled it trademark infringement, emphasizing the importance of protecting local brands for tourism development.
Case 6: Defining Legitimate Use of Non-Cultural Heritage A company using "Mud Pond" as a trademark on liquor sued another for using the term, which referred to a非遗brewing technique. The court ruled the defendant's use was descriptive of the工艺, not trademark use, and constituted legitimate use, balancing trademark rights with cultural heritage protection.
Case 7: New Employer Liable for Employee's Trade Secret Misappropriation A former employee泄露client lists to a new employer in a competing business. The court found the information constituted trade secrets, and both the employee and new employer were liable for infringement, highlighting obligations to protect confidential information.
Case 8: Platform Liability for Algorithmic推荐of Infringing Content A短视频platform was held liable for recommending unauthorized clips of the drama "The Journey of Flower." The court ruled the platform's algorithm-based recommendation and failure to remove content after notification constituted contributory infringement.
Case 9: Interfering with Search Engine Results Constitutes Unfair Competition A company used "cloud mass-sending" services to manipulate Baidu's search rankings with low-quality ads. The court found this disrupted the search engine's natural results, harming Baidu's interests and user experience, and constituted unfair competition.
Case 10: Full-Chain Liability for Trademark Infringement Companies used "Zhongke Beijian" marks similar to "Zhongke" on health products, claiming association with a research institute. The court pierced the corporate veil, finding the institute and companies jointly liable for trademark infringement due to coordinated operations.
The cases illustrate strengthened IP protection efforts across various sectors, promoting fair competition and innovation.