Shanghai Intellectual Property Right Court Rendered a Verdict in the “First Case” in Court

 

 

 

 

 

 

 

 

    On April 9th, 2015, an open trial was held in our court with a  verdict rendered in court. The case concerned had disputes over trademark right infringement between Lu Qiumin, the Appellant, Burberry, the Appellee and Chen Kai the Defendant of the original trial. As to the Plaintiff's ground of appeal that the time when Burberry filed a lawsuit in the original trial had already passed the limitation for legal proceedings, our court held for the second instance that the situation fell into the category of other events with the same validity of lawsuit limitation interruption as the launch of prosecutions where the limitation of actions shall be separately recalculated when the criminal judgment came into effect. Therefore the time when Burberry launched a lawsuit in the original trial did not pass the limitation for legal proceedings. The court dismissed the appeal and upheld the ruling of the first instance right on site. The case was the first ever for our court to render an on-site verdict. The Legal Channel of the interaction TV of Shanghai TV Station and the mobile AAA of Chinese Court TV live broadcast the whole process of the case via video.

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