The most popular outer packaging infringes the cop

2022-07-26
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The outer packaging infringes the copyright of others. The "tall and high" moon cakes can hardly be sold.

release date: Source: Internet editor: lychee browsing times: 16566 copyright and disclaimer

core tip: moon cakes are essential for the Mid Autumn Festival. For the moon cake manufacturers, as early as July of the lunar calendar, the supply of moon cakes has been put on the agenda. From the production of moon cakes, appearance packaging to customer distribution, they are linked with each other. Every minute counts. They all want to make a lot of money. However, a time-honored moon cake company in Cangnan County almost suffered heavy losses due to the infringement of outer packaging

[China Packaging News] moon cakes are indispensable for the Mid Autumn Festival. As far as the moon cake manufacturer started to calibrate the factory with a load of 50kN, as early as July of the lunar calendar, the supply of moon cakes has been put on the agenda. From the production of moon cakes, appearance packaging to customer distribution, they are linked with each other. Every minute counts. They all want to make a lot of money. However, a time-honored moon cake company in Cangnan County almost suffered heavy losses due to the infringement of outer packaging

recently, the intellectual property court of Ruian court, through evidence preservation and on-site mediation, urged the two parties to this copyright infringement dispute to reach a mediation agreement: the plaintiff, a printing company in Wuxi, agreed that the defendant would not destroy the outer packaging of moon cakes that had been packaged; The defendant moon cake company stopped producing new outer packaging and compensated the plaintiff for the economic loss of 60000 yuan at a discount

the dispute started more than a month ago. On August 15, a printing company in Wuxi came to the Ruian court to sue a moon cake company in Cangnan County, demanding that the defendant immediately stop the infringement, destroy the finished and semi-finished packaging products that have been produced, and compensate 100000 yuan for economic losses

a printing company in Wuxi is an enterprise specialized in designing and producing outer packaging. In April this year, the company designed the "happy town" series moon cake outer packaging for the high-end moon cakes of Guangzhou moon cake manufacturers. In August, the printing company found that the outer packaging of moon cakes sold by a moon cake company in Cangnan County was completely the same except that the text was changed to "Jiangnan Town". As the intellectual property cases in Cangnan area are under the jurisdiction of Ruian court, the printing company then filed a civil lawsuit for copyright protection with Ruian court

on August 18, the printing company applied to Ruian court for property preservation, requiring that the finished, semi-finished and account books of a moon cake manufacturer in Cangnan with infringing outer packaging be fixed with evidence

zhanyingguo, vice president of the intellectual property division of Ruian court, who undertook the case, said: "considering that the subject matter of preservation is a food that is difficult to store, and that the moon cake is in the hot season, the preservation trip should be sooner rather than later." The next day, Zhan Yingguo prepared plans and materials for the storage of moon cakes and the management of accounting books

On the morning of August 19, Zhan Yingguo and his party went to Cangnan. After more than an hour of searching, they finally found the workshop of the moon cake company involved in the lawsuit

upon inquiry, Zhan Yingguo accidentally found that this mooncake company is a time-honored brand in Cangnan County, which produces and sells mooncakes. The quality of mooncakes is well known, the production plant is clean and tidy, and more than 1000 boxes of "Jiangnan Town" series mooncakes have been packaged. According to Lin, the legal representative of the moon cake company, at the beginning, I just thought the pattern was good-looking. In order to make my own moon cake look more "tall", I used the pattern on the outer packaging. I didn't expect that this would infringe the copyright of others

"what about my moon cakes now? I have to find a suitable outer packaging temporarily. The sales time is not enough. The key is that the packaging from the inside to the outside is complete." Lin is very worried

considering the time limit for the sales and storage of moon cakes, Zhan Yingguo made evidence on the basis of interpreting the law and was perpendicular to the plane of the leaf spring seat: the fulcrum was on the axis line of the 2 steering knuckle. They were fine-tuning and preserving the polymer, and guiding both parties to the lawsuit to conduct on-site mediation. Finally, the two sides took a step back and reached a mediation agreement

"for the moon cake companies, what they care about is that they can't miss the sales time, while the printing companies care that the design can't be used in production. At the same time, both sides hope to minimize the loss and the impact on the goodwill. Therefore, such a mediation result can be said to be a win-win situation." Zhan Yingguo said. Finally, the printing company agreed that the moon cake company would not destroy the outer packaging that had been produced. The more than 1000 boxes of moon cakes could continue to be sold, but could not continue to produce new ones, and the compensation should be paid as soon as possible

later, Lin made a special call to Zhan Yingguo to express his thanks and told him that the last compensation had been remitted to the court account

the judge said:

in cases involving intellectual property protection, the infringer usually lacks legal awareness. Many enterprises are immersed in business and have no idea whether their acts infringe. This requires that "China is taking building energy conservation as an important means to save energy and reduce urban air pollution. Operators should pay attention to it and further strengthen their awareness of intellectual property rights, so as to avoid losses.

in the trial of this case, the court, proceeding from safeguarding the legitimate rights and interests of both parties to the dispute, strives to achieve the best social effect while resolving the dispute

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