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No. 4 of Six Model Cases Involving Giving Full Play to the Functional Roles of Trials and Safeguarding the Property Rights and Lawful Rights and Interests of Entrepreneurs Published by the Supreme People's Court (Second Group): Case of Dispute over Infringement upon Trademark Right and Unfair Competition (Beijing __yuan Company v. __ Huiyuan Company) (Case of Dispute over Infringement upon Trademark Right and Unfair Competition (Beijing __yuan Company v. __ Huiyuan Company))
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最高人民法院发布6起充分发挥审判职能作用保护产权和企业家合法权益典型案例 (第二批)之四：北京某源公司与某某汇源公司侵害商标权及不正当竞争纠纷案
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【法宝引证码】
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- Type of Dispute：
IPR--＞Unfair Competition
- Legal document：
Judgment
- Procedural status：
Trial at Second Instance
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No. 4 of Six Model Cases Involving Giving Full Play to the Functional Roles of Trials and Safeguarding the Property Rights and Lawful Rights and Interests of Entrepreneurs Published by the Supreme People's Court (Second Group): Case of Dispute over Infringement upon Trademark Right and Unfair Competition (Beijing __yuan Company v. __ Huiyuan Company) (Case of Dispute over Infringement upon Trademark Right and Unfair Competition (Beijing __yuan Company v. __ Huiyuan Company))
(Case of Dispute over Infringement upon Trademark Right and Unfair Competition (Beijing __yuan Company v. __ Huiyuan Company))
最高人民法院发布6起充分发挥审判职能作用保护产权和企业家合法权益典型案例 (第二批)之四：北京某源公司与某某汇源公司侵害商标权及不正当竞争纠纷案
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| No. 4 of Six Model Cases Involving Giving Full Play to the Functional Roles of Trials and Safeguarding the Property Rights and Lawful Rights and Interests of Entrepreneurs Published by the Supreme People's Court (Second Group): Case of Dispute over Infringement upon Trademark Right and Unfair Competition (Beijing __yuan Company v. __ Huiyuan Company) | | 最高人民法院发布6起充分发挥审判职能作用保护产权和企业家合法权益典型案例 (第二批)之四：北京某源公司与某某汇源公司侵害商标权及不正当竞争纠纷案 |
| [Typical Significance] | | 【典型意义】 |
“High costs for safeguarding rights and low prices for infringements” are prominent problems in the current protection of intellectual property rights. In order to strengthen the protection of intellectual property rights, the Opinions on Property Rights specifies that “more efforts shall be made to punish intellectual property infringements, the upper limit of statutory compensation for intellectual property infringements shall be raised, a punitive damages system of infringements upon such intellectual property as patents and copyrights shall be explored and established, punitive damages for malicious infringements with serious circumstances shall be implemented, and an infringer shall undertake the responsible expenses of the right holder for the prevention of infringements, so as to increase the costs of intellectual property infringements.” In recent years, by means of developing judicial interpretations and regulatory documents and issuing guiding cases and model cases, the Supreme People's Court has constantly advocated to increase the amount of compensation in cases of infringements upon trademark rights and other intellectual property rights by means of discretionary compensation and separate calculation of reasonable expenses. In this case, on the basis of determining the fact of infringement, the Supreme People's Court took into full account the popularity of the registered trademarks of the right holder, the subjective malice and scope of production and sales of the infringer as well as the consequence of actual confusion to the relevant public, entered a judgment that the infringer should assume a high amount of compensation according to the profit obtained by the infringer. The judgment not only gave effective remedy to the right holder's impaired interest, but also made the infringer not to benefit from its infringement and it has manifested the efforts of the people's courts to solve such problems as low prices for infringements and high costs of entrepreneurs for safeguarding rights in practice. Under the circumstance where there is no punitive damages system in the existing laws, the people's court in this case has exerted more efforts to punish intellectual property infringements by adopting the method of discretionary compensation and the practice in this case is of typical guiding value in the handling of similar cases.
．．．．．． | | “维权成本高，侵权代价低”系当前我国知识产权保护中的突出问题。为加强知识产权保护，《产权意见》明确要求：“加大知识产权侵权行为惩治力度，提高知识产权侵权法定赔偿上限，探索建立对专利权、著作权等知识产权侵权惩罚性赔偿制度，对情节严重的恶意侵权行为实施惩罚性赔偿，并由侵权人承担权利人为制止侵权行为所支付的合理开支，提高知识产权侵权成本。”近年来，最高人民法院也通过制定司法解释、规范性文件、发布指导性案例、典型案例等形式，不断倡导采用裁量性赔偿、合理开支单独计算等方式提高商标侵权等知识产权案件赔偿数额。本案最高人民法院在认定侵权事实基础上，综合考虑权利人的注册商标知名度，侵权人的主观恶意、生产销售范围以及对相关公众造成实际混淆的后果等因素，依据侵权人的获利情况判决侵权人承担了较高的赔偿额，不仅使权利人受损利益得到有效救济，也让侵权人不因侵权行为而获利，彰显了人民法院着力解决实践中存在的侵权成本低、企业家维权成本高等问题。本案人民法院在现行法律中并未规定惩罚性赔偿制度的情况下，采用裁量性赔偿方法，加大对知识产权侵权的惩罚力度，对于处理同类案件具有典型指引价值。
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