– Written in easy-to-use, easy-to-use software for intellectual property rights against infringement suit if the opportunity to win final
Recently, the Beijing First Intermediate People’s Court (hereinafter called “a Beijing People’s Intermediate Court”) on the use of soft Technologies Co., Ltd Easy to use with the subset of software- brands – “easy” cases of unfair competition has made the final decision, verdict, Beijing to use software Technologies Ltd. (hereinafter referred to as “easy to use symlinks”) on the software easy to subgroup-brand fact that there is infringement, the plaintiff ordered to compensate the corresponding economic loss and loss of reputation (in the field of computer science “Report” issued a statement).
More often the software industry in the current marks, trade names follow the “free rider” behavior violation of intellectual property that the final decision, the case can be reported to the unfair competition caused by the typical type of intellectual property rights violations, and a typical test of the software industry where intellectual property protection rights. In Beijing, a decision of the Court of IP for the software industry, the trial of these cases has experience of First Instance value, to some extent, similar acts of unfair competition offer a clear warning The software industry is worth serious consideration.
Phenomenon: Pull Tiger how can he take anti-Flag
Information Technology as one of two reason, the software industry under the trade names or trademarks imitating the violation of unfair competition, intellectual property rights also occur. I little research on the Internet, we can find, such as “Tsinghua Tong Fang” is the name contain hundreds of “Tsinghua” or “the same side” of the company headquarters, “Lenovo” word that the company provided the number of registered companies 10. In comparison with the operating system and common software, hacking software business management, although a small number of intrusions has also become a mecca for reproduction of trade names and trademark infringement. And use a smooth transition of the software with easy sub-group’s brands – “use” violation of intellectual property is one of the typical cases.
It is understood that the use of “easy to use software that Group sub-brand has a long history and has achieved through the application of intellectual property rights to use the trademark and property. Cut in August 2008 another software company to use symbolic links on its website and products, and media coverage of the “user-friendly software, software Beijing to use” as a label, this violation serious software with easy to group its “user-friendly” of intellectual property rights, then led on both sides of the conflict in a trial. Use soft pass side argues that “use” for the day are often words, the company uses does not constitute an offense.
President in Beijing 13-page final judgment in this decision highlighted: While “use” the word itself is simple, practical, easy to use meaning, but the meaning of words and Management Software the application itself does not directly or necessarily related, can not prove that the use of “or” easy to use software “for the sectors concerned were common, such as industry, with regional businesses, easy to use symbolic links on the site, the intensive use of corporate propaganda “, easy to use software”, “software to use Beijing,” Beijing software company to use “, etc. have been violated, “anti-unfair competition. “This is similar to the use of symbolic links on counterfeiters are clear warning: Pull Tiger carrying the banner is not possible, such behavior is a serious lack of respect for intellectual property rights of others.
center of controversy: How the authority of the Court “Fudge”
In the second trial in this case, a Beijing Intermediate Court found the use of symlinks is not only unfair, but also an overview of the use of soft-pass attempt to change the name the company in a strong position to take action typical of attempts, it is also the courts system contracting this unfair competition to provide a reference for the trial of the case, set a benchmark.
It is understood that the Beijing Intermediate People’s Court is responsible for the Court’s jurisdiction to hear the appeal and protest appeal of second instance cases are heard repeatedly in the accession China to the WTO rights of intellectual property, such as hearing administrative cases and the significant impact of the Supreme Court dealing with the case, and showing a “higher, more difficult and the type of functionality relatively new trial, “enjoyed a great reputation in the industry. In this case, the second instance of such a phenomenon: even in the first study, 1 December in power, the use of mild to pass immediately company name of the original “raw easily Beijing Technology Ltd.” changed to “soft Yong Yi Beijing Technology Limited “and called its name because of the company to provide” easy “words that you can use the easy to use software”, “software to use Beijing.” call to this request, Beijing n did not support a hospital, and fully confirmed by the Court of First Instance acting in Haidian. This was a new Beijing Intermediate Court in the hearing of intellectual property disputes gravity and authority.
“Easy to use software” the prosecutor, the domestic industry of IT in the proxy agent prestigious litigation law firm in Beijing Sheng Feng chief counsel of the Wealth of Nations, stated: “This case was unfair competition currently existing, if intellectual property companies typical software conflicts. because it causes the loss of the first instance if it can still 在 after the name of the company to return to its occupation of the intellectual property rights to the use of Pi ‘words, but still lost the case after a call. This shows that the national judicial system in resolving intellectual property disputes, the most mature Reason
thinking: to raise awareness of IPR protection software industry priority
Although the decision in this case had been settled, but in the end we should focus on internal software companies of their own and others, awareness of intellectual property rights should be protected n is not strong, the lack of legal awareness.
Of course, I think the reasons for this phenomenon has two aspects, one is easily propagated Software Group brands also open to question. It is reported that with the Easy Software Group is also a veteran of the software industry, the emphasis on software and outsourcing services, is committed to national and international implementation of the business class to the project team and provide solutions. Its own sub-brand – “easy” can be considered the first in many years, specializing in small business management software, services and solutions provider, the name of its products and solutions in the industry have an impact high and SME clients. Is such a society, as a influential brand repeatedly been observed, it is questionable. If the rapid increase in brand-building ideas to improve the software “user-friendly” brand advertising, I think it will not be today, so disturbing infringement lawsuit. Fortunately, a user-friendly “is to strengthen the protection of intellectual property rights protection, they are not the mark of endless war.
software more easy to raise brand awareness group is not enough, the course, the other more important reason is that domestic firms in the software industry and take the law as a trifle, just take advantage of the profit. The lawyer stated in The Wealth of Nations, “the inviolability of the business of intellectual property rights, domestic software companies should not only its existence and development of software products to establish the technological development at the top, but should pay attention to brand development and protection, rather than just blindly think with industry has been violated or counterfeit famous brand that benefit. “It must be said that the evaluation of the software industry is worth reflection.
As we all know, the software industry in this high-tech industries, innovation is. This innovation not only the R & D, intellectual property rights should be the innovation in the company’s own protection. infringement in the software industry more and more intense, how to get rid trademarks or trademarks of the shadow of imitation and plagiarism, doing business as well as increase their efforts in protection of intellectual property rights, the greater should be its own brand in the core competition power of the highly competitive software industry is unique not only to strengthen their brand influence and the centripetal force of the user, to have no other ulterior motives in the same sector “imposter” embarrassing situation. When each of the companies on their own intellectual property protection, but also learned to respect the intellectual property of others, as in the case of “stowaway” violations will disappear. And because the industry’s intellectual property rights with respect to upgrading the domestic software industry of the future will derive a more sparkling brands.