China (2011–2018) Supreme People’S Court of the People’S Republic of China World Intellectual Property Organization

WIPO Collection of Leading Judgments on Intellectual Property Rights People’s Republic of China (2011–2018) Supreme People’s Court of the People’s Republic of China World Intellectual Property Organization 世界知识产权组织知识产权典型案例集中华人民共和国卷2011–2018 （）中华人民共和国最高人民法院世界知识产权组织 WIPO Collection of Leading Judgments on Intellectual Property Rights People’s Republic of China (2011–2018) Supreme People’s Court of the People’s Republic of China World Intellectual Property Organization 世界知识产权组织知识产权典型案例集2011–2018 中华人民共和国卷（）中华人民共和国最高人民法院世界知识产权组织 The user is allowed to reproduce, distribute, adapt, translate and publicly 允许使用者对本出版物进行复制、发行、改编、翻 perform this publication, including for commercial purposes, without explicit 译和公开表演，包括用于商业目的，无需经明确许可， permission, provided that the content is accompanied by an acknowledge- 条件是使用这些内容须注明来源为产权组织和中华 ment that WIPO and the SPC are the source and that it is clearly indicated 人民共和国最高人民法院，并在对原始内容作出修 if changes were made to the original content. 改时明确注明。 Suggested citation: World Intellectual Property Organization (WIPO) and 建议著录格式：世界知识产权组织（产权组织）和 Supreme People’s Court of China (SPC) (2019) WIPO Collection of Leading 2019 中华人民共和国最高人民法院（年）世界知识 Judgments on Intellectual Property Rights: People’s Republic of China 产权组织知识产权典型案例集：中华人民共和国卷 (2011–2018). WIPO: Geneva; SPC: Beijing. 2011 2018 （ - ）。中华人民共和国最高人民法院；产权组织：日内瓦；中华人民共和国最高人民法院：北京。 Adaptation/translation/derivatives should not carry any official emblem or logo, unless they have been approved and validated by WIPO. 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Box 18 世界知识产权组织 34, chemin des Colombettes, P.O. Box 18 CH-1211 Geneva 20, Switzerland CH-1211 Geneva 20, Switzerland （瑞士） The Supreme People’s Court of the People’s Republic of China (SPC) No.27 Dong jiaominxiang, Beijing, China 中华人民共和国最高人民法院 27 东交民巷号,北京,中国 ISBN: 978-92-805-3102-2 ISBN: 978-92-805-3102-2 Cover: Getty Images / © Bill Oxford Getty Images / © Bill Oxford 图片: Attribution 3.0 IGO 署名3.0政府间组织 (CC BY 3.0 IGO) (CC BY 3.0 IGO) Printed in Switzerland 瑞士印刷 Table of contents 目录 Foreword 6 164 前言 Preface 8 166 序言 Chapter 1 Trademark cases 11 第一章 169 商标案件 Chapter 2 Patent cases 45 第二章 191 专利案件 Chapter 3 Copyright cases 77 第三章 211 著作权案件 Chapter 4 Monopoly and 第四章 231 competition cases 109 垄断、竞争案件 Chapter 5 第五章 253 New plant varieties case 145 植物新品种案件 Chapter 6 第六章 257 Integrated circuit 集成电路布图设计案件 layout design case 151 第七章 263 Chapter 7 知识产权刑事案件 Criminal case involving intellectual property rights 159 3 WIPO Collection of Leading Judgments on Intellectual Property Rights People’s Republic of China (2011–2018) Supreme People’s Court of the People’s Republic of China World Intellectual Property Organization Foreword I am pleased to present this collection as the first title of a new series issued by the World Intellectual Property Organization (WIPO). The WIPO Collection of Leading Judgments on Intellectual Property Rights will give the global intellectual property community access to landmark judgments from some of the most dynamic litigation jurisdictions of the world, in a succession of volumes that will illustrate intellectual property adjudication approaches and trends by jurisdiction or by theme. Technological transformations taking place throughout societies and economies worldwide are disrupting the existing intellectual property systems. The slow pace of the national and multilateral norm-setting processes means, however, that policymakers are not always able to provide solutions to the pressing questions that appear on the horizon. In this context, innovators and other actors in the intellectual property ecosystem are increasingly looking to the courts to resolve the culturally and economically significant questions that remain unanswered, with the effect that courts are playing a greater role in moulding the development of the intellectual property framework not only within their national borders, but also in the global economy. WIPO’s vision is to provide, through the WIPO Judicial Institute, a forum for the sharing of information and experiences amongst judiciaries, to support better understanding of complex intellectual property issues in a culturally, politically and socially diverse—and yet globalized—economy. WIPO is privileged to rely on the strong cooperation from judiciaries around the world to advance our collective knowledge about the state of the judicial administration of intellectual property. Indeed, this joint publication between the Supreme People’s Court (SPC) of the People’s Republic of China and the WIPO Judicial Institute is the fruit of such collaboration, featuring 30 representative judgments rendered by the SPC between 2011 and 2018. 6 Foreword China is an intellectual property powerhouse. As WIPO’s World Intellectual Property Indicators (WIPI) Report for 2019 found, China accounted for almost half of the world’s patent filings in 2018. China has been equally innovative in modernizing its intellectual property system, including in the area of the judicial administration of intellectual property. The country’s specialized intellectual property adjudication architecture, which was galvanized by the establishment of three specialized courts in Beijing, Shanghai and Guangzhou in 2014, has expanded to comprise intellectual property tribunals in intermediate people’s courts in Nanjing and 20 other cities. Most recently, in January 2019, an Intellectual Property Court was established within the SPC to provide a national-level appeals mechanism for intellectual property cases. It is therefore a privilege to co-publish this volume together with the Supreme People’s Court of China. I hope that the WIPO Collection of Leading Judgments in Intellectual Property: People’s Republic of China (2011–2018), made available here in Chinese and English text, will make the significant jurisprudence built by the SPC more accessible to a broader readership, and assist judges, lawyers, academics and policymakers in understanding the judicial approaches that have been taken in China to address novel legal questions. Francis Gurry Director General World Intellectual Property Organization 7 Preface Fostering international judicial exchanges and cooperation towards a brighter future for intellectual property rights protection To protect intellectual property rights (IPR) is to protect individuals’ creativity and originality, to protect market forces, and to protect the drivers of a country’s innovation and development. Today’s world has welcomed a new era of technological revolution and industrial transformation that has had far-reaching impacts on human economic and social development, and that has introduced new challenges to, and opportunities for, IPR protection. The People’s Republic of China has committed to strengthening its IPR protection not only to fulfil its international obligations, but also as a prerequisite for establishing itself as an innovative country and for achieving its “Two Centenaries” modernization goals. China has consistently attached significance to IPR protection, and the Supreme People’s Court of China has been making efforts to improve and strengthen China’s IPR system, to clarify its standards of IPR protection and to perfect the judicial protection of IPR in China. In the last three decades, China has taken strides in the field of IPR protection: the number of IPR cases litigated has risen dramatically; the quality of and efficiency with which those cases are conducted has improved; the courts system and legal mechanisms are themselves being refined; and the judicial protection system is witnessing continuous improvement. The Chinese courts are playing a leading role in improving the protection of IPR – that is, in adjudicating typical IPR cases, formulating IPR decisions and policies, and issuing guiding cases, thereby contributing

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