Jiangsu Provincial Market Supervision Bureau held a Press Conference on the 11th to notify about the law enforcement of intellectual property rights in the field of market supervision in Jiangsu Province. During the Conference, it also released the "Top Ten Foreign-related Typical Cases" and "Top Ten Typical Cases of Intellectual Property Protection by the Jiangsu Provincial Market Supervision Bureau in 2020." The reporter noticed that a company in Wuxi was fined for applying for the registration of the "Huoshenshan" and "Leishenshan" trademarks.
According to the report, the Market Supervision Bureau of Xinwu District of Wuxi City inspected Jiangsu Zhihuishu Intellectual Property Agency Co., Ltd. based on the clues of the case assigned by the Wuxi Market Supervision Bureau. Upon investigation, the parties concerned were entrusted by Changzhou Lvbao Electric Technology Co., Ltd. when they knew that “Huoshenshan” and “Leishenshan” were used by Wuhan Huoshenshan Hospital and Wuhan Leishenshan Hospital, and had extensive influence due to the epidemic. The Intellectual Property Agency applied for the registration of the trademarks "Huoshenshan" and "Leishenshan", and charged the client a commission fee of 4,800 yuan.
On March 4, 2020, the parties took the initiative to apply to the National Intellectual Property Administration, PRC to withdraw the above-mentioned trademark registration application, and the withdrawal was approved on March 11, 2020. The party’s behavior violated the provisions of Article 19, paragraph 3 of the "Trademark Law". The law enforcement agency, in accordance with the provisions of Article 68, paragraph 1, item (3) of the "Trademark Law," gave a warning to the party, and imposed a fine of 20,000 yuan. Xie, the legal representative of the party, was fined 5,000 yuan.
The report stated that this case is different from the crime of illicit quality and price of anti-epidemic materials. The impact is focused on the spiritual and cultural aspects. The quick investigation of such cases also reflects the market supervision system's law enforcement concept of maintaining fairness and justice in a special period of Covid-19 pandemic. At the same time, this case has played an effective deterrent effect in regulating intellectual property agencies’ behavior, and maintaining a fair and orderly market operation environment.
It is understood that the “Top Ten Foreign-related Typical Cases” and “Top Ten Typical Cases” of intellectual property protection in 2020 released this time show in many aspects that the Market Supervision Departments at all levels in Jiangsu Province are intensifying intellectual property protection and cracking down on infringements. Moreover, significant results have been achieved in this regard.
Among them, the "Top Ten Typical Cases Concerning Foreign Affairs" involved the entire chain of crackdowns on administrative protection of intellectual property rights, and the efficient and smooth connection of administrative justice; the "Top Ten Typical Cases" involve multiple fields such as food safety, product quality, medical devices, and trademarks, patents, geographical indications, and trade secrets infringement, etc.
In 2020, Jiangsu investigated and dealt with 3,837 intellectual property cases, valued at RMB 65,980,600, and fined RMB 79,972,400. Among them, there were 2,561 trademark cases with a fine of 77.0805 million yuan; 1,149 patent cases with a fine of 1,247,600 yuan.
