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    Scramble For &Nbsp Listing In The US; Lawsuit From The Real And Happy Court To The Supreme Court.

    2011/5/4 10:12:00 45

    Happy Net Lawsuit

    April 26th is World Intellectual Property Day.

    Dissatisfied with the decision made by the former court.

    Kaixin

    A complaint has been made to the Supreme People's court for rehearing the "true and false happy net case" and strengthening the punishment of the defendant thousand oak Netscape Co.

    Guo Wei, vice president of Kaixin network, said in April 26th that he had submitted a retrial application to the Supreme People's court. The most important thing is to win 10 million yuan compensation and let thousand oak company (now renamed Renren company) publicly apologize.


    In this regard, Xu Xinming, an intellectual property lawyer, told reporters: "generally speaking, whether the court admissibility depends on whether there are any new reasons and facts, for example, infringement has not ceased and can still be prosecuted. In combination with specific cases, there is sufficient evidence, and the judgment of the amount is another matter."


    In October 28, 2009, "happy net" management Beijing happy people Information Technology Co., Ltd. (hereinafter referred to as happy net)

    tort

    On the grounds of this, another "happy network" manager, Beijing thousand oak Interconnect Technology Development Co., Ltd. (hereinafter referred to as 1000 oak interconnect company) and Beijing thousand steel Netscape Technology Development Co., Ltd. (referred to as 1000 oak Netscape Co), are going to court.

    In October 26th last year, the second intermediate people's Court of Beijing sentenced the case of "happy net to 1000 oak's unfair competition". Thousands of oak and thousand oak Netscape did not infringe the registered trademark of Kaixin, but thousand oak used the same "happy net" name as happy net to form unfair competition.

    compensate for

    Kaixin net is 400 thousand yuan, and it is not allowed to use the same or similar name as "Kaixin".

    Kaixin disagrees with the ruling, claims 1000 yuan compensation 10 million yuan, and appeals to the Beijing Higher People's court.

    However, the decision made by the Beijing Higher People's court was not valid, and the appeal appeals were not supported and the original judgment was upheld.


    In this regard, Xu Xinming, an intellectual property lawyer, analyzed: "the operation website, the similar name of the column, caused confusion among the relevant netizens. From the" trademark law ", it did not constitute an infringement. It only caused unfair competition. The application of the anti unfair competition law is a supplement to the trademark law.


    In principle, after the decision of the Beijing Higher People's court, the lawsuit of "true and false happy net" has gradually faded away from people's business. However, recently these two companies have once again turned their back on the SNS website, which is competing for the first listing in the US.

    In April 16th, Renren sent a IPO application to the SEC, which is expected to be officially launched in the middle of May in the US, and its rival Kaixin also plans to list in the us to compete with Renren for the first Chinese SNS website to list in the US.

    This escalated the battle between the two old lawsuits to the Supreme People's court.


    Li Nufang, a researcher with Huachang securities, told reporters: "the competition and imitation of patents in similar industries involve the impact on intangible assets of enterprises.

    The behavior of enterprises, or the promotion of popularity by lawsuits, or the infringement of competitors' infringement on them, the protection of their interests by enterprises, the deterrence of opponents, need legal participation, and the formation of good industry order is conducive to the healthy development of the industry.


    Li Nufang said: "like the continuous exposure of food safety issues, piracy infringement has been a phenomenon. Now it has attracted everyone's attention. It shows that the market is becoming more formal, the market capacity is expanded, competition norms are standardized, and copyright awareness is enhanced.

    From the legal point of view, it is clear, clearly defined and expressly prohibited.


    In view of the serious reality of Internet infringement, Yan Xiaohong, deputy director of the General Administration of press and publication and deputy director of the State Copyright Bureau, said that in the Internet era, the problem of Internet piracy or copyright disputes in the Internet is very large, which can account for more than half of intellectual property cases. This figure is still a conservative estimate.

    In the field of Internet, we have also encountered some new situations and new problems. Great changes have taken place in the way of communication. Under such circumstances, how to find a balance between authorized use and dissemination is a new topic for us.

    I have recently noticed that Gao FA is considering the judicial interpretation of the "safe haven" for the Internet. I believe that the solution to this problem should take into account the spirit of the existing law. This is a basic basis for us to deal with these problems.


    In addition, Xu Xinming also pointed out that copyright issues can be applied to the principle of "safe haven". Under certain conditions, Internet service providers can relieve themselves of their responsibilities, and it is a protection of multiple rights holders.


     

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