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The 3rd ¡°One Case One Lesson¡± Hong Kong Barrister Lecture Was Successfully Held

  One the morning of December 8th, 2018, the third "One Case One Lesson" Hong Kong Barrister Lecture, whose topic was ¡°Intellectual Property Law: Cases of Trademark Right and Patent Right¡± was successfully held by Renmin Law School. The lecture was presided over by Prof. Jin Haijun of RUC and the associate professor Jin Yin also participated in the conversation.

  Senior Counsel Tan Yunzhi firstly introduced the importance of intellectual property in business and mainly elaborated the test standard and consideration of Hong Kong courts when issuing an interlocutory injunction in intellectual property cases based on two cases she dealt with personally. The first case was about trademark infringement and counterfeiting disputes, in which she was the agent of the plaintiff. The main controversial point was the application conditions of whether distributors could share trademark and interlocutory injunction with manufacturers. In this case, the plaintiff had registered NERIUMAD¡¢NERIUMRX and other trademarks and authorized the defendant to promote and popularize new products. After opening the market, the defendant tried utilizing the goodwill, which was developed by the product of the plaintiff, to establish his own brand. The name of distributor company registered according to their agreement was Nerium International, however, the "Nerium" was highlighted in the notable location of the similar commodity sold by the defendant while the "International" was shrunk deliberately and was put under "Nerium". The court issued an interlocutory injunction to the defendant and the case was finally settled by negotiation. The other case was about patent infringement and involving a patent of non-invasive prenatal genetic testing. She served as the lawyer of the defendant and proved the plaintiff in this case did not have irretrievable loss by emphasizing their delay in initiating legal proceedings. The court refused to issue an interlocutory injunction. Tan not only analyzed the fact and controversies of the cases and guided all attendees to interpret the referee documents of Hong Kong courts, but shared her own experience in handling various cases. In the end, she sincerely expected that all students could cherish the time in school, positively broadened horizons and study field.
  Prof. Jin Haijun analyzed the application of the similar measures of intellectual property judicial practice in Chinese mainland from the comparative perspective. He also introduced the procedure for the defendant for requesting invalidation of a patent by referring to relevant cases in Chinese mainland.
  From the perspective of comparative law, associate professor Jin Yin talked about the meaning of cases in legal study, the necessity of interlocutory injunction, the characteristic of the interlocutory injunction in Hong Kong and British law and other questions.
  During the Q&A section, Tan responded the questions raised by students respectively and patiently.
  "One Case One Lesson" was based on real cases shared by Hong Kong barristers, which had one topic each term and was about common law. Teachers of RUC attended the discussion from the perspective of mainland legal system and talked about the relevant problems in mainland and Hong Kong legal system, with the aim of broadening students, thinking dimension. The 1st "One Case One Lesson" Hong Kong Barrister Lecture was delivered by Lin Guohui barrister and was mainly about criminal procedure and jury system. The 2nd ¡°One Case One Lesson¡± Hong Kong Barrister Lecture was delivered by Lin Dingguo, a Hong Kong senior barrister, who introduced the structure of trust rights by analyzing trust cases.


Editor: ZHANG Jiayun

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