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对上年涉及公司企业的典型案件进行回顾是本刊惯例,同前几年一样,本次仍旧将知识产权案件单独成篇。2009年的知识产权典型案件有以下特点:涉及网络的知识产权案件激增,尤其是网络视频传播侵权案件频发受到广泛关注;涉外、涉台港澳在华知识产权诉讼向纵深发展,重点转向市场占有性强的公司企业,维权更加深入;知识产权诉讼理性维权明显,双方握手言和、共同开拓市场案件增加;有关司法解释出台后,驰名商标司法认定明显谨慎;商标行政案件增多……本篇仍旧以商标权纠纷案件、专利权纠纷案件、著作权纠纷案件等顺序对案件进行回顾,所选案件均为至少一审审结案件。囿于作者水平及公开报道资料所限,一些有代表性的案件可能没有收入,是为遗憾。
The review of the typical cases involving corporate enterprises in the previous year is our usual practice. As in previous years, this case still divides intellectual property cases into separate articles. The typical cases of IPRs in 2009 have the following characteristics: The proliferation of IPR cases involving networks, especially the frequent cases of IPR infringement, have drawn widespread publicity; the IPR litigation involving Taiwan, Hong Kong and Maucao in China has been deepening in depth and the market has shifted to market possession Strong corporate rights and rights protection more in-depth; intellectual property litigation rational rights protection is obvious, the two sides shake hands and jointly open up market cases increase; judicial interpretation of the well-known trademark judiciary found cautious; trademark administrative cases increased ...... This article still The cases were reviewed in the order of trademark dispute cases, patent dispute cases and copyright dispute cases, all of which were concluded for at least the first instance. It is a pity that some representative cases may not have income as far as the author's level and information on public reports are concerned.