On April 26, 2024, the 24th World Intellectual Property Day, Shenzhen Lawyers Association announced the top ten typical cases of intellectual property rights undertaken by Shenzhen lawyers in 2023, and Che Xiaoyan, a partner of Llinks Law Office, represented "Unite Electromechanical Science and Technology Development Co. "Ltd. v. Shenzhen Shengshida Electronics Co., Ltd. and "Shanghai Fosun v. Fosun Investment Group (Shenzhen) Trademark Infringement and Unfair Competition Dispute Case" were selected as the top ten typical cases in the patent and trademark categories respectively.
"Ltd. v. Shenzhen Shengshida Electronics Co., Ltd. and Other Patent Ownership Disputes", after the patent in dispute was declared invalid, the Supreme People's Court confirmed in the second instance that the rights and interests of the invention of the patent in question belonged to the plaintiff, which was a breakthrough judgment not only confirming the contribution made by the plaintiff and the third party for the invention, but also providing a good opportunity for the plaintiff and the third party to make contributions to the invention and to make a good use of the patent. The breakthrough judgment in this case not only recognized the contributions made by the plaintiff and the third party to the invention, but also laid a foundation for the innovation subject to defend its rights subsequently. It is worth mentioning that the case was also selected as one of the "Annual Report on the Application of Laws in Intellectual Property Cases of the Supreme People's Court (2023)".
In the case of Shanghai Fosun v. Fosun Investment Group (Shenzhen) Infringement of Trademark Rights and Unfair Competition Dispute, the plaintiff, Shanghai Fosun, was founded in 1992, and is a well-known listed enterprise in China, which has accumulated a good corporate image, popularity and influence after decades of operation and development. The plaintiff Shanghai Fosun was founded in 1992, is a well-known listed enterprise in China, after decades of operation and development has accumulated a good corporate image, popularity and influence. In January 2019, Fosun Investment Company changed its enterprise name to "Fosun Investment Group (Shenzhen) Co. Fosun" and the plaintiff's registered trademark constitute the same or similar words, easy to make the relevant public confusion, infringement of the plaintiff's exclusive right to use the registered trademark and constitute unfair competition, the court finally ruled that the defendant to stop the infringing behavior, pay the economic losses and change the name of the enterprise registration. This case involved the trademark and enterprise name of the popularity of evidence, due to the long time span, involving a large number of subjects, very typical, for large groups of enterprises how to sort out the use of trademarks, enterprise name of the evidence, how to establish the trademark use evidence file, provides an effective way of thinking. At the same time, this case involves trademark infringement in the investment service category, and the infringement behavior is more covert. Based on the full understanding of the transaction characteristics of the investment industry, Llinks Law Office lawyers adopted a variety of forensic methods to collect powerful evidence, and safeguarded the client's legitimate rights and interests.
The patent and trademark cases undertaken by the lawyers of Llinks Law Office were selected as one of the top ten typical cases undertaken by Shenzhen lawyers, which fully reflects the professional strength of the lawyers of Llinks Law Office in the field of intellectual property rights, and Tongli Law Firm is looking forward to escorting the high-quality development of intellectual property rights for more innovative enterprises in the future.
