上海知产法院通报12件不正当竞争典型案例

Date: 2021-04-13

On 13 April 2021, the Shanghai Intellectual Property Court (the “Shanghai IP Court”) released its white paper and typical cases of unfair competition cases from 2015 to 2020.

The press conference reported 12 typical cases, reflecting that the Shanghai IP Court and the Shanghai No.3 Intermediate Court, in hearing unfair competition cases, accurately defined the legal attributes of various market behaviors, severely cracked down on counterfeiting and confusing behaviors and trade secret infringement, effectively stopped false advertisements and commercial defamation, regulated new types of market competition behaviors in accordance with the law, and actively promoted new technologies, products, and business models. The Shanghai IP Court also supported the healthy development of the "three new economies", encouraged and protected fair competition, and protected the legitimate rights and interests of operators and consumers.

Typical cases include:

- An unfair competition case between IQiYi and Shenzhen Juwangshi Technology Co. Ltd. 

- An unfair competition case between Shanghai Han Tao Information Consultation Co. Ltd. and Baidu

- An unfair competition case between Shanghai 2345 Network Technology Co. Ltd and Beijing Cheetach Network Technology Co., Ltd.

- An unfair competition and copyright infringement case between Shanghai Yaoyu Culture Media Co., Ltd. and Guangzhou Douyu Network Technology Co., Ltd.

- An unfair competition case between IQiYi and Sogou

- Case over the unauthorised use of the unique name of a well-known commodity between Shanghai Story Silk Development Co., Ltd., Shanghai Ziqi Clothing Co., Ltd. and Shanghai Bingli Clothing Co., Ltd.

- A trade secret and unfair competition case between Magnetic Control System (Shanghai) Co. Ltd. and Defendant Li

- A trade secret case between Shanghai Tianxiang-Jiantai Pharmaceutical Machinery Co., Ltd. and Shanghai Dongfulong Technology Co. and others

- An unfair competition case between IQiYi and Hangzhou Feiyi Information Technology Co., Ltd., Defendants Lu and Hu

- A commercial defamation case between Shanghai Ronglian Ceramics Sales Co., Ltd., Shanghai Ronglian Architectural Ceramics Co., Ltd. and Romace Ceramics (Shanghai) Co., Ltd.

- A trade secret infringement case between Futian Company, Defendant Fang and others

- A trade secret infringement case between Zhengda Company, Defendant Chen and others

Source: https://mp.weixin.qq.com/s/-9k6XBu6hqfBt5Gl9NznDg