Disposal of Cases by the Court

  In 2005, the courts in the whole city handled 1,092 first hearing and second hearing civil cases related to intellectual property right, of which 1,055 cases were settled, 28.3% and 21.3% up y-o-y respectively. In addition to that, 59 first hearing criminal cases related to intellectual property right were handled, 60 of which were settled.
  The civil cases related to intellectual property right tried by the courts of Shanghai are featured by the following: (1) There are many new types of cases, for instance, the counterfeit trademark case, in which Fujik Co., Ltd. sued Jinbao Special Wire Manufactutring Factory of Jiaojiang, Taizhou; cases of disputes over trademark privilege infringement, in which enterprises holding well-known domestic brands, such as "Rinnai", "Nippon", "Vanko" etc., requested recognition and protection of their well-known trademarks; and also new cases involving the concept of publishers format design right newly stipulated in the amendment to《Copyright Law》. (2) The number of dispute cases over rights and privileges is rising. The types of conflicts involve trademark privileges, rights to shop titles, copyrights, and trademark privileges and rights to domain names, etc.. (3) Accepting and handling some important cases involving well-known enterprises with relatively great social influence, such as the trademark privilege infringement case of Spring and Autumn International Travel Agency, the web-page copyright case of Mackaulin and Betasman, and disputes over the special packing of well-known products of "Xufuji and "Taishan (4) Cases of intellectual property right involving foreign parties are on the increase. In 2005, Shanghai First Intermediate People's Court handled 34 intellectual property right cases involving foreign parties and parties inHong Kong,Macaoand Taiwan. Some cases were influential in the society and received attention from the media because intangibles such as internationally well-known brands or newly-emerging industries are involved. (5) The cases involving audio and video products publishing rights are drastically increasing. Shanghai First Intermediate People'S Court handled 127 disputes of this kind, accounting for 33.4% of intellectual property right first hearing cases accepted.