December 01, 2017

Pudong court handles more IPR cases in the Free Trade Zone

Shanghai Pudong New Area People’s Court has handled 7,809 and closed 7,680 intellectual property right cases in Shanghai Free Trade Zone since 2013.

From October 2016 to September 2017, the court handled 3,739 IP disputes, including 3,726 civil cases, four criminal cases, and nine administrative cases. The court closed 3,848 cases, including 3,843 civil cases, six criminal cases, and eight administrative cases.

During this period, the cases handled and closed increased year-on-year 11.59 percent and 24.28 percent respectively, accounting for 82.12 percent and 82.97 percent of the total IP disputes in the zone, reflecting the growing awareness of cultural industries and Internet companies on protection of intellectual property rights.

With the appearance of more and more new technologies, new industries, new business models and new industrial formats, new forms of IPR disputes are also on the rise, such as unfair competitions in E-sports Gaming Streaming, the classification of an online Role Play Game into the legal categorization of cinematographic works.

Another cluster of IPR disputes fall into categories of the Internet businesses, e-commerce, and online contents, such as violation of the right of dissemination via information networks through hotlinking; unfair competition cases in homepage tampering and Domain Name System hijacking.

The court also handled IPR disputes from famous companies with the amount of litigation reaching more than 650 million yuan (US$ 9.83million), such as Disney, Yakuti, Jaguar Land Rover Public Ltd, Blizzard Entertainment, Tencent, and Nestle.