Tianjin Secondary Intermediate People's Court opened a court to hear an administrative lawsuit between a tobacco store in Tianjin and the market supervision and administration bureau of a district in Tianjin.
This case is the first administrative litigation case filed in Tianjin that applies the "Tianjin Intellectual Property Protection Regulations". It is also the first case involving intellectual property administrative litigation after the Second Intermediate People's Court implemented the intellectual property civil, administrative and criminal cases trial "three in one".
In this case, the plaintiff, a tobacco store in Tianjin, was reported by others allegedly selling liquor that infringed the exclusive right to use a registered trademark. The defendant, Tianjin Municipal Market Supervision and Administration Bureau, made an administrative penalty decision by Article 45 of the "Tianjin Intellectual Property Protection Regulations", ordering the plaintiff to stop the infringement and imposing a fine of 100,000 yuan. The plaintiff refused to accept the decision and filed an administrative lawsuit, requested that the administrative penalty be revoked by law.
During the trial, the collegiate panel conducted factual investigations and court debates focusing on whether the administrative penalty decision complied with the law, whether it violated legal procedures, whether it was improper, etc., and conducted factual investigations and court debates. The plaintiff and the defendant presented relevant evidence and conducted a cross-examination. The case will be sentenced at an elective date.