The Supreme People's court announced in 2012 Chinese Court judicial protection of intellectual property rights of 10 cases of nine: "LOHAS" trademark infringement administrative punishment case -- Suzhou Dingsheng Food Co., Ltd. in Jiangsu province and the Suzhou Administration for Industry and commerce administrative penalty appeal
[Abstract] the case of outsider Donghua Textile Group Co., Ltd. (hereinafter referred to as the Donghua company) by the State Administration for Industry and Commerce Trademark Office approved in July 14, 2009 made "LOHAS LOHAS" registered trademark ", approved for use in pastries; convenient Steamed Rice; cereal; ice cream" and other goods category, there is no actual use. In June 23, 2009, Suzhou Dingsheng Food Company Limited (referred to as prosperous company) and Zhejiang Jian Li Packing Co., Ltd signed the purchase contract, agreed to by the Zhejiang Jian Li packaging Co. Ltd. as the peak production company logo gift boxes and other packaging products, the. In 2009 September, the company will be the peak when the annual production of moon cakes is divided into "autumn", "happy" and the "LOHAS" wait for a total of 23 categories on the market, mainly through its peak the company straight battalion store, stores and other ways of sales. In September 8, 2009, Jiangsu province Suzhou industrial and commercial administrative bureau (hereinafter referred to as the Suzhou Bureau of industry and Commerce) received a report investigating the prosperous company. Identify the use of "LOHAS LOHAS" trademark in the year production and sales in a moon cake, then that prosperous company behavior belongs to the exclusive right to use a registered trademark infringement behavior, to make them to stop infringement and fines 500000 yuan of the administrative penalty decision. Taking the specific administrative act, to the Suzhou Municipal People's government to apply for administrative reconsideration refuses to accept the punishment decision prosperous company, industry and Commerce of Suzhou City People's government to maintain the Suzhou Bureau of industry and Commerce made. Prosperous companies are still refuses to accept, to prosecute the Jiangsu Province, Suzhou City Intermediate People's court. Jiangsu Province, Suzhou City Intermediate People's court after the trial to maintain the Suzhou Bureau of industry and Commerce of the penalty decision. Prosperous companies may appeal to the Jiangsu Provincial Higher People's court, claims its peak the company in the moon cake series of merchandise on the use of "live music LOHAS" will use its as commodity style name, and "live music LOHAS" registered trademark from the social popular words, its significance is relatively weak, others have fair use rights, so the request shall be amended according to the law the decision to withdraw the administrative punishment. Jiangsu Provincial Higher People's court that peak with Donghua companies involved in the trademark infringement constitute approximation, the Donghua company registered trademark rights, the industrial and commercial administrative authority has the right to impose administrative penalties on the prosperous company, but should follow the principle of penalty equivalent. When ordered to stop tort is sufficient to achieve the protection of exclusive right to use a registered trademark and consumer protection and public interest of the administrative law enforcement purpose, choose whether or not to impose fines, penalties shall be considering the relative person's subjective fault degree, the seriousness of the violations, nature, consequences and harm degree of the factors such as the exercise of discretion. In this case, the Suzhou Bureau of industry and commerce without considering the peak company has no subjective fault, tort, behavior and plot remarkable slight, yet the actual harmful consequences caused by factors such as height, fines on companies impose a fine of 500000 yuan, resulting in the administrative punishment results and illegal behavior of social harm degree between clearly inadequate, the lack of appropriate administrative penalties and the necessity, should be identified to belong to manifest the administrative punishment shall be in accordance with the law of justice, change. Accordingly, the decision to "administrative punishment decision made by the change of Suzhou industrial and commercial bureau 1, shall be ordered to stop the infringing act, 2, a fine of 500000 yuan" "shall be ordered to stop the infringement".
[typical] this is a case of the Jiangsu court of intellectual property rights in the "three in one" framework, first to judicial decisions on administrative punishment way manifest just to change the intellectual property administrative cases. This case to the intellectual property administrative law enforcement organs made the following guidelines: the industrial and commercial administrative organs in accordance with the law to the administrative relative person's trademark infringement behavior of the implementation of administrative punishment, should be followed to exercise discretion of penalty equivalent principle, that is to ensure that the administrative management goals at the same time, and Gu Bao protecting the administrative relative person's legitimate rights and interests, administrative penalties to achieve the aims and objectives of the limit of administrative law enforcement. The hearing of this case conducted active exploration to hear ideas to further clarify the trademark infringement of administrative cases, to industrial and commercial administrative organs in trademark administrative enforcement, accurate understanding of the Trademark Law of the legislative spirit and infringement judging standard, reasonable norms of discretion, plays a guiding role in the referee.
