New Progress of Regulations and Judicial Practice of Intellectual Property

This open access book brings together two types of cases at home and abroad. One is the latest influential cases in the field of intellectual property rights in the past three years, and the other is the classic intellectual property cases in the world. The types of cases involve typical cases in the fields of patents, trademarks, copyrights, unfair competition, etc., involving a wide range of intellectual property laws and a complete range of categories. Some cases have been a sensation, and some legal issues have been raised or clarified for the first time in relevant judgments. Many cases not only have a wide range of social influence but also have typical legal application significance. Many cases involve facts and legal issues that go beyond the case and the adjudication itself and have greater reference significance. At the same time, we also attached the different opinions of some case judgments, such as the Concurring Opinion and the Dissenting Opinion in the US judgment, reflecting the different understandings of different judges on the application of the law. This part is also very meaningful.

Cheng Deli, Ph.D., is a professor at Shanghai International Intellectual Property Institute of Tongji University. He is a doctor of Management Science and Engineering at Tongji University, a post-doctoral researcher at Applied Economics Postdoctoral Research Station of Fudan University, and a visiting scholar at Max Planck Institute for Innovation and Competition in Germany; his representative work is "Innovation-oriented Regional Intellectual Property Strategy" (monograph). He is a reviewer of academic journals "Chinese Management Studies," "Frontiers of Engineering Management," "International Journal of Law and Society," and an expert in book publishing of Taylor & Francis Group. He has won the first prize of the Shanghai Intellectual Property Teaching Achievement Award, the second prize of the Research Achievement Award of the Ministry of Commerce, an advanced individual in the national intellectual property talent work.

Dr. YU Xinmiao, born in 1981, is an Associate Professor and Vice Dean of the Shanghai International Intellectual Property Institute at Tongji University. He got his PhD in economic law in University Göttingen of Germany in 2010. He is also a member of the China National Intellectual Property Expert Advisory Committee, a member of the China Intellectual Property Research Association, and a member of the China Law Society Intellectual Property Law Research Association. His main research areas are EU economic law, antitrust law, and international private law.

Klaus Bacher Klaus Bacher is a presiding judge at the Federal Court of Justice (Bundesgerichtshof) in Germany. He studied law and completed his doctorate in Freiburg im Breisgau and was appointed as a judge at the Local Court (Amtsgericht) in Freiburg in 1994. From 1995, he worked in the special division for IP law at the District Court (Landgericht) in Mannheim. At the same time, he was in charge of developing a database system and word processing system (based on Microsoft Office 4.3), which was used until 2014 by all District Courts and Courts of Appeal in the state of Baden-Wuerttemberg. He was assigned to the Ministry of Justice of the state of Baden-Wuerttemberg as a desk officer (mainly for IT-related matters) from 1997 to 2000.